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Tfie Town of Lees6ury in Virginia
Leesburg Planning Commission
Meeting Minutes
November 17, 2016
The Leesburg Planning Commission met on Thursday, November 17, 2016 in the Town Council
Chamber, 25 West Market Street, Leesburg, VA 20176. Staff members present were Susan
Berry -Hill, Scott Parker, Chris Murphy, Delane Parks, Shelby Caputo, and Karen Cicalese.
CALL TO ORDER
The meeting was called to order at 7:02 pm by Chairman Welsh Chamblin
PLEDGE OF ALLEGIANCE AND ROLL CALL
Members Present: Chairman Welsh Chamblin, Commissioners Babbin, Barnes, Harper, Kidder
and Robinson and Vice Mayor Burk
Absent: Commissioner Burk
ADOPTION OF AGENDA
Chairman Welsh Chamblin proposed that he agenda be modified to allow the discussion on
RLOA-2015-0006 Sign regulations and Staff's presentation on the interim process for new
proffer legislation to be held prior to the continued discussion on TLSE-2015-0002 Costco
Expansion as she needs to herself from this discussion and needs to leave at 9:30 this evening.
Motion: Commissioner Kidder moved to adopt the amended agenda.
Second: Commissioner Barnes
Vote: 6-0-1 (Burk absent)
APPROVAL OF MINUTES
October 20, 2016
Motion: Commissioner Harper
Second: Commissioner Kidder
Vote: 6-0-1 (Burk absent)
DISCLOSURE OF MEETINGS
None.
CHAIRMAN'S STATEMENT
Chairman Welsh Chamblin made the following statement:
"A little over 2 weeks ago we elected new local, state and national representatives. As with any
elections, some individuals are excited and some individuals are disappointed. Regardless of
whether you are excited or disappointed it is important to remember that we are part of 1
community, Leesburg, 1 state, Virginia, and 1 country, the United States. Therefore we need to
move forward as one unified body. When we apply this to the Planning Commission it does not
mean we need to all vote the same way. Rather it means that we all need to listen to each other,
hear respectfully differing views and opinions that we have knowing that we are all working
towards a common goal. We are a strong Commission and have had a wonderful year. We have
Leesburg Planning Commission
November 17, 2016 Minutes
supported each other and the Town to work to ensure the best for our community. For that I
want to thank everyone on the Commission and the Town staff. As we finish the year I hope that
we continue to be collegial and maintain our high standards. I look forward to continuing to
serve the community on the Planning Commission and other endeavors in the future."
PETITIONERS
Ron Campbell, 812 Fort Macleod Terrace, Leesburg, VA 20176 came forward as one of the
Town's newly elected Town Council members. He noted his appreciation of the work the
Planning Commission does and really understands its' value. He looks forward to understanding
their value more as they deliberate over very important issues for the Town. It is his hope that
they can develop a very good working relationship. He wants to ensure that the
recommendations made by the Commission to Town Council are valued. The work the
Commission does along with the time and energy put in should be valued to the extent that
Council does not look lightly at these recommendations regardless of whether or not Council
chooses to go in a direction. He appealed for greater unity between the Planning Commission,
Town staff and Town Council and a greater understanding of how we can move this Town in a
more cohesive fashion.
PUBLIC HEARING
None
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
TLOA-2015-0006 Sign Regulations Text Amendment (Continued), Chris Murphy, Zoning
Administrator and Shelby Caputo, Deputy Town Attorney
Mr. Murphy explained that after the November 3`d meeting, he and Ms. Caputo worked together
to devise a solution to assure the ability to erect non-commercial temporary signs on any
property throughout Town, regardless of its use or zoning designation. Article 15, Section E.3
Temporary Signs now reads as follows:
On any property, non-commercial freestanding or wall signs not exceeding thirty-two (32)
square feet. Any such sign may be erected for a total of 90 days in any calendar year.
He reminded the Commission that this falls under the exempt sign regulations and would permit
any non-commercial speech on a sign anywhere in the Town to be erected for 90 days in any
calendar year. He explained that when he and Ms. Caputo were looking at this, they found that
there wasn't a provision in the ordinance to allow a business to put up a sign such as an election
sign and felt that the proposed language change addressed this.
Commissioner Babbin asked if the provision regarding the allowance of real estate signs on
residential property to remain longer than 90 days still existed. Mr. Murphy answered that for
sale/lease signs on residential property can remain until the property is sold and needs to be
removed within 10 days after the sale or lease of the property.
Leesburg Planning Commission
November 17, 2016 Minutes
Chairman Welsh Chamblin called for additional comments and discussion, seeing none she
called for a motion.
Commissioner Kidder moved that Zoning Ordinance TLOA-2015-0006, Sign Regulations
Amendments be forwarded to the Town Council with a recommendation of approval based on
recommendations made by staff at the Planning Commission post public hearing meeting on
November 17, 2016 meeting and 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.
Commissioner Harper seconded the motion.
Chairman Welsh Chamblin called for discussion on the motions, seeing none she called for the
vote.
The motion carried 6-0-1 (Burls absent)
TLSE-2015-0002 Costco Expansion, Delane Parks, Sr. Project Manager
Chairman Welsh Chamblin recused herself from this discussion and turned the meeting over to
Commissioner Robinson at 7:45 PM.
Commissioner Robinson invited Delane Parks to make staff's presentation.
Mr. Parks gave a brief overview of the prior meeting and concerns expressed by citizens residing
in the Edwards Landing subdivision as there were a couple Commission members absent at that
meeting. He explained that this was a special exception request to add a 1,920 sf cooler area, a
3,340 sf retail area, an 840 sf tire bay and, a 2,800 sf seasonal outdoor sales area and noted where
these areas would be located. Multiple adjacent property owners from Edwards Landing spoke
at the previous meeting. While most of the concerns were related to noise, the following is a
summarized list of expressed concerns:
• Noise from delivery trucks in and around the existing loading docks and rear service aisle
• Noise from rooftop chillers
• Noise from equipment used in the tire service bays
• Residential safety due to individuals trespassing around the 8 foot tall fence
• Light glare from the existing lighting.
Planning Commission comments are summarized as follows:
• Conduct a noise study to identify the noise sources.
• Include potential noise mitigation measures as part of the noise study.
• Costco should meet with residents at an Edwards Landing HOA meeting to discuss the
findings of the noise study and potential noise mitigation measures.
• Regulate delivery trucks sitting all night.
Leesburg Planning Commission
November 17, 2016 Minutes
• Consider closing tire bay doors.
• Consider higher fence or masonry wall.
Mr. Parks noted that representatives from Costco met with the Edwards Landing residents at
their HOA meeting on Tuesday, November 15`x' which he attended. Following is a summarized
list of discussion points including possible resolutions to various expressed concerns at the
meeting:
• Costco presented noise study findings in which three specific noise sources were
evaluated including loading docks, rooftop chillers, and the tire bays and further
discussed the potential noise mitigation measures indicated in the noise study for the
loading docks and rooftop chillers.
• The neighbors reiterated concerns mentioned at the October 6"' public hearing.
• Costco responded with proposals to address expressed concerns.
• Costco agreed to install mitigation measures in the loading dock area on both existing
walls which has been captured in Condition #9.
• Costco agreed to install a noise mitigation wall on the rooftop in between the existing
chillers and the residential properties which has been captured in Condition #8.
• Costco agreed to install noise suppression materials on the interior walls of the tire bay
which has been captured in Condition #7.
• Costco agreed to install noise suppression materials on the interior walls of the trash
compactor closure which has been captured in Condition #10.
• Costco initially agreed to install wire at the base of the existing 8' tall vinyl screening
fence at the rear of the property to deter trespass concerns. Since the meeting, Costco has
come up with what they thought was a better solution and is in the process of installing
solid panels rather than wire which has been captured in Condition # 11.
Mr. Parks noted that staff has added additional conditions to address the timing and maintenance
of the noise mitigation and safety measures as well as limitations on delivery truck parking areas
after business hours and include:
• The timing of the installation of the measures shall be within 180 days of Town Council
approval as referenced in Condition #12.
• The maintenance of the measures is referenced in Condition #13.
• The delivery truck parking on the premises overnight will be limited to parking in an area
as shown on Exhibit "A" Delivery Truck Waiting Area. It will be located in the front of
the property adjacent to the gas facility.
Mr. Parks concluded with staff's recommendations of approval subject to the conditions
provided in a handout at tonight's meeting.
All Commissioners expressed their support of the conditions discussed.
Commissioner Robinson called for a motion.
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November 17, 2016 Minutes
Commissioner Kidder moved that Special Exception Application TLSE-2015-0002, Costco
Expansion and Seasonal Outdoor Sales, be forwarded to the Town Council with a
recommendation of approval, subject to the conditions of approval provided in the handout
distributed at the November 17, 2016 Planning Commission meeting, on the basis that the
Special Exception approval criteria of Zoning Ordinance Section 3.4.12, and the specific use
standards of Section 9.3.29 (Vehicle Service Facility) and Section 9.3.17.2 (Outdoor Storage) are
satisfied, and further that the requested modification of Section 9.3.17.2.A be granted, because
the proposal will serve the public necessity, convenience, general welfare and good zoning
practice.
Commissioner Barnes seconded the motion.
Commissioner Robinson called for discussion on the motion; seeing none she called for the vote.
The motion carried 6-0-1 (Burk absent)
COMPREHENSIVE PLANNING
None
COUNCIL AND REPRESENTATIVES REPORT
None
STAFF AND COMMITTEE REPORTS
Interim Process for New Proffer Legislation, Scott Parker, Assistant Town Manager
Mr. Parker updated the Planning Commission on the Town's interim proffer policy. The new
law puts limits on what the Town can accept in proffer agreements. There is language in the new
legislation that addresses unreasonable proffers and what that means, mitigation of off-site
impacts, and the liability that exists for the Town if an applicant offers a proffer and the Town
accepts it. In the case, there is nothing to prevent the applicant from going to court at a later date
claiming that the offered proffer was unreasonable. This is one of the bigger issues that is still
being worked out with this interim approach.
This legislation only applies to residential rezonings or rezonings with a residential component
and not affect any application submitted prior to July 1, 2016. Another aspect of the proffer bill
is that it gives the opportunity for small area plans to be exempt from the requirements of the
proffer bill. Similar to Loudoun County, Town staff is looking into creating a small area plan that
has specific criteria outlined by the state including FAR requirements, transportation, etc. Staff
is looking to exempt the Crescent Design District. In essence, meaning that any residential
rezoning application submitted for the Crescent Design District would still be required to
mitigate their on-site and off-site impacts via proffers.
The Town's interim policy focuses on communications. A number of land use attorneys are
advising their municipalities to not discuss proffers. Our interim policy, at this time, is to not
accept proffers. It is well within the right of an applicant to submit proffers. In this instance, a
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November 17, 2016 Minutes
Project Manager assigned to the project or the Director along with a Town attorney will be
present during discussions with applicants and proffers, or anything that can be construed as a
proffer, will not be discussed. Specifics regarding the Zoning Ordinance and Town Plan can be
discussed. Currently the Town will not accept proffers relating to on-site and off-site\ impact
mitigation.
As we move forward towards a permanent approach, staff will be looking at thing ranging from
the most conservative, which is not to discuss or accept any proffers to considering other, to
more liberal aspects. Once the permanent approach is finalized, amendments will be made to the
Town Code. Staff is currently working on amendments for both the Zoning Ordinance and
Town Plan to bring the Town into legality and to determine the Town's new permanent proffer
policy. Staff plans to go to Council early next year to get feedback on which approach they
would like to move forward on. Once that is defined, staff will create the frame work and the
Planning Commission will be seeing any code changes or Town Plan amendments.
Commissioner Kidder asked for clarification on Commission member's discussion with
applicants. Mr. Parker explained that communications is broken down in the interim policy to
address staff communications with applicants, Planning Commission communications with
applicants and Town Council communications with applicants. Most is centered on
conversations held outside Council Chambers or the realm of a public meeting. It is very
nebulous at this point. For instance, saying something like "I think you could make this better by
doing this" could be construed as requesting a proffer or mitigation of an impact. Jurisdictions
are all over the place on this issue. Quite a few are not doing anything and will address
applications on a case by case basis. Some jurisdictions, such as Loudoun County, are being
very proactive and are not accepting proffers in their rural policy area. However, all of eastern
Loudoun will be under 3 small area plans and they will accept proffers. There are some
jurisdictions that are taking a combined approach
Commissioner Robinson expressed concerns regarding referral agencies and asked how that
would be handled. Mr. Parker explained that the Project Manager assigned to the project would
receive and review the referral. They would then follow up with the referral agency to determine
if it was a code requirement, a design standards manual (DCSM) requirement or a suggestion to
mitigate an off-site impact that they feel is necessary. It will be the Project Manager's
responsibility to ascertain if it is specifically attributable to a code or DCSM requirement or a
request for mitigation of an impact. If the Project Manager determines it to be a request for a
mitigation of an impact he will contact the referral agency and let them know that the Town can't
accept this and will need to have the referral rewritten and re -submitted.
Commissioner Robinson asked if an impact that was a zoning impact could it be discussed. Mr.
Parker responded that if an impact pertained to something in the Zoning Ordinance, whether it be
a modification request or something potentially waivable by the land development official,
Planning Commission or Town Council, it was his understanding that discussion was acceptable.
Monetary contributions or quid pro quo would be a different issue.
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November 17, 2016 Minutes
Commissioner Robinson asked if discussion regarding plat references included in the proffers
was permitted. Mr. Parker responded that if it were a proffer that referred to an off-site impact
it would not be permitted.
Commissioner Robinson asked if there would be findings available to address proffers denied
where there may not be something easily identifiable in the ordinance. Mr. Parker explained that
this is something that staff has discussed and they are not exactly sure how this type of situation
will be handled. Ideally, staff would have identified all of those issues prior to it coming before
the Planning Commission.
Commissioner's Robinson, Babbin, and Harper expressed concern regarding the destruction of
rejected referral memos and felt that there was a need to have a written retraction from the
referral agency and an adequate paper trail for audit and FOIA purposes. Mr. Parker responded
that this was a reasonable concern and staff will have continued discussion on this issue. Ms.
Caputo added that a Commissioner can comment on an application if it is backed up by the
Zoning Ordinance and advised caution in their communication.
Commissioner Harper asked about discussions with citizens. Mr. Parker responded that
discussions regarding a mitigation impact, contributions, or suggestions for improvement were
not advisable.
STAFF DISCUSSION
None
OLD BUSINESS
None
NEW BUSINESS
FY -2018 Budget — Planning Commission
Chairman Welsh Chamblin noted that the FY -2018 budget process is underway and noted that
currently the Planning Commission has $2,000 for training and travel expenses. She asked if the
Commission was agreeable to this budget amount.
Susan Berry -Hill, Director, Department of Planning and Zoning clarified that the training needs
were included in the budget, this was brought up to address items that the Commission felt they
might need to do their job properly, i.e. business cards.
Chairman Welsh Chamblin informed the Commission that the Town Council Swearing -In
Ceremony was on December 15°i which is the same night as their next scheduled meeting. They
had the option of meeting earlier on December 151h or selecting another night. The
Commission agreed to cancel the December 151h meeting and move their one agenda item to
their first meeting in January.
Leesburg Planning Commission
November 17, 2016 Minutes
ADJOURNMENT
The Meeting was adjourned at 8:05 PM:
AFOroved by:
Karen Cicalese, Commission Cleric
L ndsay Ish Chamblin, Chair
E