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HomeMy Public PortalAbout05 05 16 PC MinutesT The Town of Lees6urg in Virginia Leesburg Planning Commission Meeting Minutes May 5, 2016 The Leesburg Planning Commission met on Thursday, May 5, 2016 in the Town Council Chamber, 25 West Market Street, Leesburg, VA 20176. Staff members present were Susan Berry -Hill, Brian Boucher, Irish Grandfield, Barbara Notar, 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, Kidder, Harper and Robinson and Vice Mayor Burk Absent: Commissioner Burk ADOPTION OF AGENDA Motion: Commissioner Harper Second: Commissioner Robinson Vote: 6-0-1 (Burk absent) APPROVAL OF MINUTES April 21, 2016 Motion: Commissioner Robinson Second: Commissioner Harper Vote: 6-0-1 (Burk absent) DISCLOSURE OF MEETINGS Commissioner Robinson disclosed a meeting on May 3rd with Scott Parker, Chris Gleckner and Steven DeLong regarding Brown's Car Stores. Commissioner Babbin disclosed a brief phone conversation with Mr. Mike Banzhaf regarding the commuter parking lot text amendment. Commissioner Harper disclosed a conversation with Mr. Mike Banzhaf regarding the commuter parking lot text amendment. Chairman Welsh Chamblin disclosed that she had received a message from Mr. Banzhaf regarding the commuter parking lot text amendment; however they had not spoken. CHAIRMAN'S STATEMENT Chairman Welsh Chamblin welcomed Town Attorney Barbara Notar who will be filling in for Shelby Caputo temporarily. She also welcomed a visiting Planning Commissioner from Purcellville. Leesburg Planning Commission May 5, 2016 Minutes PETITIONERS None PUBLIC HEARING TLTA-2015-0003 Brown's Automotive Town Plan Amendment — Scott Parker, Assistant Town Manager and Brian Boucher, Deputy Director, Department of Planning and Zoning Chairman Welsh Chamblin opened the public hearing at 7:03 pm. Brian Boucher, Deputy Director, Department of Planning and Zoning, explained that the applicant, Brown's Car Stores, has requested a Town Plan Amendment with two objectives; Land Use and Transportation. He clarified that there were two related applications; TLZM- 2015-0001 Brown's Car Stores to rezone the site from I-1 to B-3 and TLSE-2015-0013 Brown's Car Stores to allow development of two automobile dealerships. In 2015 Town Council adopted a policy that requires Planning Commission action on a Town Plan amendment to occur before the rezoning application is advertised for a Planning Commission public hearing. These related applications will be discussed at a future date. Mr. Boucher explained the two objectives of the proposed Town Plan amendment as follows: • Land Use: Amend town Plan Southeast Planning Policy Area Objective 9 to add language to expand the area allowing new auto dealerships south of Route 7. o This proposal would allow 18 acres designated Reginal Office to be developed as new auto dealerships. o Regional office permits auto dealerships as a light industrial use in certain areas, even along Route 7, such as east of the Village at Leesburg in the I-1 zoned land. o The Applicant contends that the location of the subject property makes this property suitable for auto sales. o Staff agrees and believes keeping the Regional Office designation allows for a wide range of office and support uses if the auto dealership use does not develop on the property. o County staff supports this amendment based on the factors mentioned above. • Transportation: Amend the Roadway Network Policy Map to eliminate a segment of Keystone Drive (a through collector road) from south of Russell Branch Parkway to Trailview Boulevard across Tuscarora Creek. o Recent road improvements and land use decisions demonstrate there is no longer a need for this segment of Keystone Drive o TIA demonstrates the link would not provide necessary access or traffic relief, and both VDOT and the Town Transportation Engineer agree with this conclusion. 2 Leesburg Planning Commission May 5, 2016 Minutes o Expensive crossing of Tuscarora Creek will not be made, thereby furthering objectives of the Town Plan Natural Resources Element to protect designated stream corridors and preserve public funds for needed transportation improvements Mr. Boucher ended with Staff's recommendation of approval based on the following criteria: • The Statement of Justification and submitted materials adequately address the Zoning Ordinance criteria to justify the Town Plan Amendment as proposed. • The proposal furthers Town Plan Land Use and Economic Development policies by providing for additional economic opportunities appropriate given the location and circumstances applicable today to the subject property. • The proposal furthers Town Plan Natural Resources policies by providing for greater protection and preservation of Tuscarora Creek, a designated "Stream Corridor". • Necessary policy guidance is provided by this Amendment to allow for the proposed Land Use at this location. • The proposal furthers Transportation Element policies that seek to provide an efficient transportation system that provides necessary road infrastructure and avoids unnecessary improvements. Chairman Welsh Chamblin invited the Applicant to make their presentation. Christine Gleckner; Land Use Planner, Walsh Colucci, Representative for Brown's Car Stores, noted that the Applicant was in agreement with the staff report and that staff had given a very thorough presentation. She addressed the Town Plan Southeast Policy Objective explaining that the policy change is being requested to allow new car dealerships to locate at this location. New car dealerships are already permitted immediately to the east of the site and existing dealerships are permitted on this site. The proposed policy change, if approved, will allow for the accompanying rezoning and special exception applications to go through the land development application review process. She addressed possible concerns regarding the rezoning and design; explaining that the northern parcel, between Russell Branch and Route 7, is in the H-2 Overlay District and is subject to H-2 guidelines and BAR approval. The Applicant has proffered to make the southern parcel subject to the H-2 guidelines and the BAR review. Ms. Gleckner also addressed the proposed change to the Roadway Network Policy Map and explained that the Applicant's traffic study determined that this Keystone Drive connection is not needed. The Loudoun County Tuscarora Crossing rezoning provides for access in that community. Crosstrail Boulevard provides north/ south access to the east and Battlefield Parkway provides north/south access to the west. This eliminates the need for a north/south access connection across Tuscarora Creek. Eliminating that crossing provides protection for Tuscarora Creek by minimizing environmental impact. While one could argue that another connection; in this location, could be a good thing; it is the Applicant's position that the cost of such a crossing, from both a financial and environmental perspective, outweigh the benefits as there are already ample connections provided. In addition, the Applicant will be providing the segment of the Greenway Trail across their property as part of the upcoming proposed rezoning. 3 Leesburg Planning Commission May 5, 2016 Minutes Ms. Gleckner summarized that the proposed revision to the Southeast Policy Objective 9 would continue to permit compatible land uses in this planning sector as well as provide a positive fiscal impact to the Town even as compared with the likely permitted use under the current southeast planning sector policies. Additionally, the removal of Keystone Drive between Trailview Boulevard and Russell Branch Parkway from the Roadway Network Policy Map will have minimal impact on the local roadway network and will eliminate negative impacts to the Tuscarora Creek Stream Valley that the planned road crossing would create. Chairman Welsh Chamblin asked for public comment; seeing none she then solicited the Planning Commission members for clarifying questions. Commissioner Barnes asked if this property was previously zoned "Auto Park". Mr. Boucher answered that he was referring to the property adjacent to this site; where Lowes is now. Staff is able to support this change in land use to allow auto dealership use again because of other changes made previously. Retail uses, movie theaters, parking lots and treatment plants exist directly adjacent to this area. Commissioner Kidder asked how may auto dealerships were being proposed. Mr. Boucher said they are two in their rezoning proposal; one north of Russel Branch Parkway and Route 7 and one south between Russell Branch Parkway and the Tuscarora Creek floodplain. Commissioner Robinson asked why the property needed to be converted to B-3 to allow car dealerships in the I-1. Mr. Boucher answered that currently auto dealerships are not allowed in the I-1. Commissioner Robinson asked if it would be possible to amend the zoning ordinance and add this use to the I-1. Mr. Boucher explained that at one time; there were a number of auto dealerships in the I-1 district as they were allowed by -right; they now require a special exception process. In previous applications dealing with car dealerships; the decision has been made to amend the district from I-1 to B-3. The Commission could recommend amending the zoning ordinance to add auto dealership to the I-1 District if they so desired. Commissioner Babbin asked if the access to both dealerships will be off Russell Branch Parkway and if there will be no curb cut on Route 7. Mr. Boucher answered that she was correct. This is a limited access highway and VDOT will not allow direct access from Route 7. Commissioner Harper expressed concerns regarding the impact this would have on the Envision East Market Street Plan. Susan Berry -Hill, Director, Department of Planning and Zoning, replied that the Town does not have a policy that prohibits acceptance of applicant initiated town plan amendments when the Town is undergoing an amendment process. Staff is factoring this proposal in when discussing land use throughout the corridor. She anticipates that this topic will come up in meetings scheduled on May 18t and June 7th Commissioner Harper asked what two dealerships will be located on the property and if it would be typical automotive branding per the brand of car being sold. Ms. Gleckner answered that the northern parcel is slated for a Nissan dealership. The dealership for the southern parcel has yet to be determined. Elevations have been submitted for the rezoning and special exception applications which will have to go to the BAR for review. The elevations are not brand specific. n Leesburg Planning Commission May 5, 2016 Minutes Commissioner Harper asked if there was going to be some sort of collaboration to come to a mutually agreeable design. Ms. Gleckner answered that this is the downside of having the plan amendment precede the rezoning and special exception as those discussions have not yet occurred. It may not be able to determine what the design will look like until the Certificate of Appropriateness is filed which is generally concurrent with the site plan. Commissioner Harper asked what the inventory stored on the property will be for each dealership. Ms. Gleckner answered that the maximum would be 250 cars per lot. Chairman Welsh Chamblin closed the public hearing at 7:49 and solicited Planning Commission comments and discussion. Commissioner Harper expressed concerns regarding the location of the proposed dealerships; its negative impact on the appearance of the eastern gateway into Town; and the need to preserve I- 1 to enable the Town to attract businesses that pay a livable wage which would decrease the tax burden on the residents. Commissioner Babbin noted that she was not in agreement with Commissioner Harper. Due to the property location and uses on adjacent properties; she felt that an auto dealership use was very appropriate for this property and would further the economic viability of the Town by generating tax revenue. Commissioner Robinson expressed concerns regarding the elimination of a segment of Keystone Drive proposed and would like to have the right-of-way dedicated to the Town so that it would be available if an when the roadway would be needed. Commissioner Kidder expressed concern regarding the gateway appearance and the need for additional landscaping. Mr. Boucher responded that this would be an issue to be discussed during the rezoning application process. She was also in support of having the right-of-way dedicated to the Town. Commissioner Barnes noted that he too felt that this was an appropriate location for this use. He was also in support of the right-of-way dedication requested by Commissioner Robinson Chairman Welsh Chamblin commented that she too felt it was an appropriate use for the area. There has been recent discussion regarding the H-2 guidelines and whether they will remain in effect; making the related rezoning application very important. Commissioner Robinson asked the applicant if they would consider dedicating the right-of-way. Ms. Gleckner answered that this question pertains to the rezoning. Nothing is being proposed in that area that would prevent a road from being constructed. The Applicant is requesting the removal of the segment as part of the Town Plan Amendment application which will affect how the rezoning application is submitted. Chairman Welsh Chamblin called for additional discussion; seeing none she called for a motion. Commissioner Babbin made the following motion: A Leesburg Planning Commission May 5, 2016 Minutes I move that the Town Plan Amendment TLTA-2015-0003 to (1) amend the Town plan Southeast Planning Policy Area Objective 9 to add language related to allowing new auto dealerships, and (2) to amend the Roadway Network Policy Map to eliminate a segment of Keystone Drive, be forwarded to the Town Council with a recommendation of approval on the basis that he amendment meets the Approval Criteria of TLZO Section 3:16 and will serve the public necessity, convenience, general welfare and good zoning practice based on the findings as provided in the May 5, 2016 Planning Commission staff report. Commissioner Kidder seconded the motion. Commissioner Barnes asked if it would be possible to include Commissioner Robinson's request to have the right-of-way dedicated to the Town. Mr. Boucher explained that the Applicant is asking to remove Keystone Drive from the Town Plan. The Commission, in essence, would be requesting that the Applicant not remove it. If it is not removed from the Town Plan, the . Applicant would need to provide a 90 foot of right-of-way on the property. Ms. Berry -Hill suggested splitting the motion to address the two issues separately. Barbara Notar, Town Attorney, stated that an amendment to the motion would need to be made to facilitate this. Commissioner Robinson made an amendment to the motion to divide the question into two. One to amend the Town Plan Southeast Planning Policy Area Objective 9 to add language related to allowing new auto dealerships as one motion; and the second being to amend the Roadway Network Policy Map to eliminate a segment of Keystone Drive. Commissioner Barnes seconded the amendment. Vote: 6-0-1 (Burk Absent) Commissioner Babbin made the following motion: I move that the Town Plan Amendment TLTA-2015-0003 to amend the Town Plan Southeast Planning Policy Area Objective 9 to add language related to allowing new auto dealerships be forwarded to the Town Council with a recommendation of approval on the basis that he amendment meets the Approval Criteria of TLZO Section 3.16 and will serve the public necessity, convenience, general welfare and good zoning practice based on the findings as provided in the May 5, 2016 Planning Commission staff report. Commissioner Kidder seconded the motion; Vote: 6-0-1 [.1 Leesburg Planning Commission May 5, 2016 Minutes Commissioner Robinson made the following motion: I move that the Town Plan Amendment TLTA-2015-0003 to amend the Roadway Network Policy Map to eliminate a segment of Keystone Drive, be forwarded to the Town Council with a recommendation of denial on the basis that the amendment does not meet the approval criteria of TLZO Section 3.16 and will not serve the public necessity, convenience, general welfare and good planning practice based on the fact that there is a need for traffic dispersal in the Town of Leesburg. Commissioner Harper seconded the motion. Vote: 4-2-1 (Aye: Barnes, Kidder, Harper, and Robinson; Nay: Babbin and Welsh Chamblin; Absent: Burk) TLOA-2016-0002 Text Amendment Commuter Parking Lot in I-1 - Irish Grandfield, Sr. Planner Chairman Welsh Chamblin opened the public hearing at 8:14 pm. Irish Grandfield, Sr. Planner, gave a brief history of the proposed amendment and explained that a request was made on behalf of a land owner at the Village at Leesburg in Land Bay D where there are I-1 lands that remain. Not all of the land was rezoned to B-4 and Loudoun County has expressed an interest in having a Commuter Park and Ride. In response to this request, Town Council initiated a zoning ordinance amendment on February 23, 2016. The County and the Town have the common shared objective to provide mass transit options and the Town has modified its' Zoning Ordinance in the past to assist the County in locating commuting parking lots in both the B-2 District (by Special Exception) and in the B-3. The Town Plan supports commuter parking lots in two corridors; Route 7 and along the Dulles Greenway. Existing zoning regulations do not allow for development of the desired parking in these corridors. The objectives of this amendment are to allow a Commuter Parking Lot in the I-1 Zoning District and to develop appropriate Use Standards. Existing zoning regulations prohibit a commuter parking lot in the I-1; allow a commuter parking lot by -right in the B-3; and allow a temporary commuter parking lot by special exception in the B-2. The proposed amendment will allow a commuter parking lot as a by -right use in the I-1 subject to Use Standards; allow it as a Special Exception use when performance standards cannot be met; changes commuter parking lot in B-3 from a by -right use to a special exception; and creates new Use Standards for a commuter parking lot. There are seven performance use standards proposed and include the following: • Consistent with Town Plan • Access Minor Arterial or Through Collector roads • Limited to 500 spaces • By -right only in the I-1 where site is encumbered by multiple major utility easements • Bus shelters required 7 Leesburg Planning Commission May 5, 2016 Minutes Commercial vehicles prohibited No inoperable vehicles Chairman Welsh Chamblin called for public comment. Seeing none, she solicited clarifying questions from the Commission members. Commissioner Barnes asked if the amendment would require the use to be by special exception in both the B-2 and B-3. Mr. Grandfield answered that it would; and explained that currently commuter lots are allowable by -right in B-3 but they are prohibited in I-1. This amendment would allow the use in the I-1 as a by -right use or by special exception, depending upon the circumstances. Commissioner Kidder asked why there wasn't a performance standard related to landscaping. Mr. Grandfield explained that the existing landscaping regulations in the Zoning Ordinance are in effect. Even if the use is allowed by -right it will still need to meet the existing perimeter and interior lot landscaping requirement already in our zoning ordinance. Commissioner Kidder asked if the existing regulations would relate to the size of a commuter parking lot. Mr. Grandfield answered that they would because the interior parking lot landscaping standards require that the lot be broken up into smaller areas regardless of whether the parking is for a shopping center or a commuter parking lot. The landscaping requirements are identical. Commissioner Barnes asked if a performance standard could be created to address Commissioner Kidder's concerns regarding landscaping. Mr. Grandfield answered that it would be possible to create a special landscaping standard for a single type of parking lot; however; different standards would then apply to different types of lots. Commissioner Robinson asked if the I-1 area by the airport failed the road designation required by Use Standard number two. Mr. Grandfield answered that there are Minor Arterials and Through Collectors in the Dulles corridor; but there are no areas of I-1 where the site is encumbered by multiple major utility easements. There could be an application for a commuter parking lot in the Dulles Greenway corridor near the airport; however it would require a special exception and modification of at least one of the use standards. Commissioner Harper asked if they were discussing one commuter lot and one temporary commuter lot. Mr. Grandfield clarified that there is only one commuter parking lot that is looking to be established currently; which is a permanent commuter parking lot in Land Bay B in the Village at Leesburg. Commissioner Harper asked if the County would be given permission to park their vehicles there. Mr. Grandfield clarified that that would be prohibited both by definition (Section 18) as well as the Use Standards proposed in Article 9. Ms. Berry Hill further clarified that it would be considered a zoning violation if the County were to use a commuter lot as a facility for storage of County vehicles. Leesburg Planning Commission May 5, 2016 Minutes Commissioner Kidder asked when the Commission was expected to take action on this amendment as she felt more discussion was warranted. Chairman Welsh Chamblin responded that she, personally, would like the Commission to take action at this meeting. If the Commission, as a body, feels differently that can be discussed once the public hearing has been closed. Chairman Welsh Chamblin closed the public hearing at 8:36 and solicited Planning Commission comments and discussion. Commissioner Babbin opined that this was an excellent spot for a commuter parking lot due to its location at the fringe of the Town; accessibility to future metro stations; and lack of impact on the road network in that area. Commissioner Robinson noted her agreement with Commissioner Kidder regarding additional landscaping for the commuter lots. She also expressed an interest in allowing commuter parking lots by right in all of the I-1. Commissioner Kidder asked if it would be possible to incorporate the need for additional landscaping for commuter lots into their motion and if so; how they should proceed. Ms. Berry Hill asked if Commissioner Kidder was referring to the addition of another performance standard. Commissioner Kidder answered that it was her understanding that Mr. Grandfield suggested adding an additional category. Mr. Grandfield responded that he was not suggesting the addition of a category but rather gaining clarification on what was being requested. It was his opinion that this would belong in Article 12 which addresses landscaping and screening as opposed to a performance standard in Article 9. Commissioner Babbin suggested including a recommendation in their motion for Town Council to consider additional landscaping requirements to enhance the appearance of commuter parking lots. Mr. Grandfield answered that the Commission could recommend approval and further make a recommendation to Town Council to consider additional landscaping requirements. Commissioner Babbin noted that she was not in favor of commuter parking lots being allowed by -right in the entire I-1. However, the lots that are encumbered with utility easements and overhead power lines are not really suitable for other uses. Other lots in the I-1 could be suitable for other revenue -generating uses. Chairman Welsh Chamblin called for a motion. Commissioner Babbin made the following motion: I move that Zoning Ordinance Amendment TLOA-2016-0002, Commuter Parking Lots in the I-1 be forwarded to Town Council with a recommendation of approval, on the basis that the amendments further the objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice subject to the following changes to the language proposed in the May 5, 2016 staff report and that change is that we also 0 Leesburg Planning Commission May 5, 2016 Minutes recommend to the Town Council that they initiate changes to the landscaping provisions of the Zoning Ordinance to provide for enhanced landscaping for commuter parking lots built in accordance with this Zoning Ordinance Amendment. Commissioner Kidder seconded the motion. Vote: 6-0-1 (Burk Absent) SUBDIVISION AND LAND DEVELOPMENT None ZONING None COMPREHENSIVE PLANNING None COUNCIL AND REPRESENTATIVES REPORT None STAFF AND COMMITTEE REPORTS Commissioner Harper attended the Economic Development Commission (EDC) meeting, Wednesday. May 4th. Ms. Berry -Hill was in attendance as well and the Envision East Market project was discussed. There will be a stakeholder's meeting regarding the northwest quadrant on May 18, 2016 at Harper Park Middle School Cafeteria at 7:00 PM. Another project meeting will be sponsored by the EDC and is scheduled to be held on June7, 2016 and will focus on the entire East Market Corridor. Information about this project is also available on the Town of Leesburg website. Additionally, Yvette Castro- Greene from the Diversity Commission was also in attendance and spoke with the EDC regarding working together to do a survey of minority owned businesses. They would like the Town to provide procurement opportunities and to work more cohesively with the EDC. There was also discussion regarding the Splash Park at Mervin Jackson Park and there seemed to be great enthusiasm for the park. Lastly, Creme de la Creme will be vacating their site and there was discussion regarding the conditions of some of the buildings which the EDC requested that she bring forward for discussion tonight. Ms. Berry -Hill explained that there was not much that could be done from a zoning standpoint about the condition of a business's interior space as it is not something that the Town has purview over. Town staff will try to work with the County Health Department if a public health concern is identified. ; Chairman Welsh Chamblin attended the BAR meeting on Monday, May 2, where there was discussion on the Courthouse design. At the BAR's request, she asked staff when the Planning Commission was going to be discussing the H-2 guidelines. Ms. Berry- Hill responded that the BAR will be discussing this at their work session in June and a date for the Planning Commission has not yet been set. 10 Leesburg Planning Commission May 5, 2016 Minutes STAFF DISCUSSION None OLD BUSINESS None NEW BUSINESS Commissioner Harper requested that Ms. Berry -Hill include the Planning Commission when coordinating discussions on the Envision East Market Project with the EDC. Ms. Berry -Hill explained that she had not been made aware of the EDC's intent to dedicate one of their quarterly forums for the East Market planning project on June 7th . The EDC holds quarterly forums focusing on a variety of topics. Their first quarter forum focused on the Downtown and the East Market planning process has been selected as the topic of their second quarter forum. Staff will be bringing the feedback generated from these sessions to the Planning Commission, as a body, for guidance and suggestions; however the Planning Commission members are welcome to attend other stakeholder meetings as well. She will be sending an email out tomorrow with the details for the next stakeholder's meeting to be held May 18th and encouraged the Planning Commission members to attend and participate. Commissioner Robinson noted that she had been listening to the County meeting the other evening and there were some concerns voiced about the Proffer Bill and she requested that the Planning Commission be furnished with copies of the information going to the County by their next meeting on May 19th. Ms. Notar responded that they ae scheduled to make a presentation to Town Council at their work session on May 23rd and will be delivering the same presentation to the Planning Commission at their next meeting after the Town Council work session on May 23rd. ADJOURNMENT The Meeting was adjourned at 9:00 PM Approvedr Karen Cicalese, Commission Clerk 4=dsay Wel Chamblin, Chairman 11