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HomeMy Public PortalAbout12 01 2016 PC MinutesOF L$,� O �'�RotN�T The Town of Lees6urg in Virginia Leesburg Planning Commission Meeting Minutes December 1, 2016 The Leesburg Planning Commission met on Thursday, December 1, 2016 in the Town Council Chamber, 25 West Market Street, Leesburg, VA 20176. Staff members present were Susan Berry -Hill, Scott Parker, Bill Ackman, Shelby Caputo, and Debi Parry. 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, Burk, Harper, Kidder, and Robinson and Vice Mayor Burk ADOPTION OF AGENDA Motion: Commissioner Harper Second: Commissioner Babbin Vote: 7-0 APPROVAL OF MINUTES November 17, 2016 Commissioner Harper noted that corrections had been made to the minutes regarding a question asked by Commissioner Kidder that had been attributed to her. Chairman Welsh Chamblin stated that a correction should be made to the first page of the minutes under Adoption of Agenda where the word "recuse" should be added before "herself'. Motion: Commissioner Harper moved to approve the minutes as corrected. Second: Commissioner Babbin Vote: 6-0-1 (Commissioner Burk abstained as he was not present for the meeting) DISCLOSURE OF MEETINGS None. CHAIRMAN'S STATEMENT Chairman Welsh Chamblin made the following statement. "I wish to take this opportunity to thank the Planning Commission and Town staff for a great year. As we reflect on the previous year it is clear that we had a successful and busy year with all of our applications and endeavors. Thank you for allowing me to serve as the chair. I have been honored to serve with such a devoted and thoughtful group of public servants. I look forward to continuing to serve the Town in the future. I wish the new appointees and Planning Commission the utmost success. I hope everyone has a wonderful holiday and happy New Year. For those that are not aware, this is our last Planning Commission meeting of the year so this is the last time you will see this board together." 1 Leesburg Planning Commission December 1, 2016 Minutes PETITIONERS None PUBLIC HEARING TLZM-2015-0007 and TLSE-2015-0013 Brown's Car Stores Public Hearing, Scott Parker, Assistant Town Manager Chairman Welsh Chamblin opened the public hearing at 7:04 pm and invited staff to make their presentation. Scott Parker, Assistant Town Manager explained that this application was both a rezoning and special exception request. TLZM-2015-0007 is a request to rezone 17.64 acres of land from the I-1 zoning district to the B-3 zoning district. TLSE-2015-0013 is a request for a special exception to allow 2 car dealerships on the property subject to approval of TLZM-2015-0007. Mr. Parker displayed an aerial map of the location which is adjacent to the Lowes site, the future Tuscarora Crossing site, the Village at Leesburg Land Bay C, and the Town's Public Works and Utilities facilities. The application is divided into 2 land bays; Land Bay A and Land Bay B. The proposed dealerships will both front on Russell Branch Parkway and will face one another. Land Bay A is on the north side of Russell Branch Parkway and the dealership will be located between the Lowes site to the east, the Village at Leesburg movie theater parking lot on the west, East Market Street/Route 7 will be to the north and comprises what is considered to be the rear of the property. The dealership on the south side of Russell Branch Parkway in Land Bay B will be located between the Town's Public Works/Utilities facilities to the west, and open space to the east that is associated with Land Bay C of the Village at Leesburg, which is comprised of two -over -two townhouse units. To the south of this site is an extensive flood plain associated with Tuscarora Creek. Within this floodplain area, which is not proposed for development, the Applicant is proposing to construct a portion of the Tuscarora Creek pedestrian/bike trail along their property. Access for both dealerships will be provided from Russell Branch Parkway with the cul-de-sac for Keystone Drive providing additional access to the southern dealership. The entire property contains 23.84 acres, with 17.64 acres within the Town and currently zoned I -Industrial Research Park. The property was annexed in 1984 and has been zoned I-1 since 1985. Land Bay A, in particular, was included in the H-2, Historic Corridor Architectural Control Overlay District in 1994. Town Plan Amendment TLTA-2015-0003 was approved by the Town Council on June 14, 2016. The Applicant is proposing to rezone the property to B-3, Community Retail/Commercial, which allows vehicle sales and service by special exception. Two automobile dealerships are proposed, each to be a maximum of 33,502 square feet and a Floor Area Ratio (FAR) of .064. The subject property is adjacent to B-3 zoned property on the Lowes site, B-4, PRC for Village at Leesburg, and I-1 for Town facilities. The existing Planned Land Use Map in the Town Plan designates this as Regional/Office and these dealerships would be allowable based on the previously referenced Town Plan Amendment. Therefore, the planned land use remains the same. 2 Leesburg Planning Commission December 1, 2016 Minutes Staff has reviewed and has worked with the Applicant to successively mitigate plat deficiencies, site area, proffers, landscaping and buffering, ingress and egress, parking, pedestrian connections, trail location and connections, site lighting, stormwater management, and Keystone Drive right-of-way and cul-de-sac. Mr. Parker discussed Town Plan Compliance noting the Town Plan Amendment changed the Town Plan's Southeast Planning Policy Area Objective 9 to add language that would allow new auto dealerships south of Route 7 and east of the Lowes property. It also amended 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. Per the Town Plan Amendment, the following four criteria must be met for the proposed auto related uses. 1. The property must be zoned for light industrial use. 2. The design of development adjacent to Route 7 meets design guidelines. 3. A substantial buffer is provided to residential development south of Tuscarora Creek. 4. New auto dealership uses may be appropriate east of the Lowes property identified as PIN # 149460836 and the Town Wastewater Treatment Plant provided the first 3 objectives are met. Mr. Parker noted that the Application meets all of these guidelines per the Town Plan. There are other sections of the Town Plan that are relevant to this case and include: • Chapter 2, Natural Resources — In compliance due to the significant protection of Tuscarora Creek and its' floodplain and the provision of the 150 foot creek valley buffer • Chapter 3, Parks and Recreation- In compliance due to the provision of the Greenway Trail connection. • Chapter 7, Economic Development - In compliance due to fiscal impact study which shows a significant net positive to the Town by the allowance of these new auto dealerships Mr. Parker addressed the proffers as follows: • H-2 Guidelines: Land Bay A (dealership adjacent to Route 7) is within the H-2 and subject to review criteria. The Applicant is proffering Land Bay B (dealership to the south of Russell Branch Parkway) also be subject to and part of the H-2 • Tuscarora Creek Greenway Trail: Proffer to build a 10 foot section of the Tuscarora Creek Greenway Trail across their property, from a connection with a portion of the trail being built by the Village at Leesburg, to the boundary with the Town of Leesburg Public Works/Utilities facilities. • Fire Rescue Contribution: Proffer for $0.10 per gross square foot of development contribution towards fire and rescue facilities providing service to the property. • Site Lighting: Proffered lighting standards as indicated within the Concept Development Plan associated with the Special Exception. • Off-site Transportation Contribution: Cash contribution of $237,460 for off-site transportation related improvements in the vicinity of the property. 3 Leesburg Planning Commission December 1, 2016 Minutes • Tree Preservation: A significant proffer has been offered related to the protection of trees within the floodplain of Tuscarora Creek. • Route 7/Battlefield Interchange: Proffer to reserve a strip of land along Route 7 frontage for use by VDOT (if needed) for the design of the Route 7/Battlefield Parkway interchange. • Keystone Drive Connection: Applicant is reserving a 60 foot wide strip of land adjacent to the western property boundary between Keystone Drive right-of-way and the southern property boundary as open space for a period of twenty-one years in the event the Town of Leesburg or VDOT requires this open space for future right-of-way for a roadway connection. Mr. Parker moved on to discuss rezoning criteria as follows: • Consistency with the Town Plan, including but not limited to the land use compatibility policies: Staff finds the proposal to be consistent with the policies of the Town Plan. • Consistency with any binding agreements with Loudoun County, as amended, or any regional planning issues, as applicable: There are no applicable binding agreements of inconsistent regional planning issues • Mitigation of traffic impacts, including adequate accommodation of anticipated motor vehicle traffic volumes and emergency vehicle access: The existing transportation network is adequate to handle the vehicular trips proposed by the development. The developers of the Village at Leesburg and the new Lowes site provided major improvements that will provide primary means of access to the site in the form of Russell Branch Parkway from Battlefield Parkway to Crosstrail Boulevard. In addition, the Applicant's Traffic Impact Analysis shows that traffic trips from the proposed dealerships under a B-3 zoning would be significantly less than trips associated with by - right I-1 zoning uses in this location. • Compatibility with surrounding neighborhood and uses: Staff believes the application is compatible with surrounding uses and adequately mitigates impacts of the proposal. The proposed B-3 zoning and associated dealership use is appropriate with the adjoining uses, given the significant open space and buffers provided between the closed residential on the east and south of the site. The retail and industrial nature of the other uses should not prove incompatible either. • Provision of adequate public facilities: All public infrastructure required to serve the site is either in place or will be required as part of the site development. Mr. Parker moved on to discuss TLSE-2015-0012 the Special Exception request. Upon approval of the rezoning application TLZM-2015-0007, vehicle sales becomes an allowable special exception use. Vehicle Sales or Rental Facilities are subject to use standards found in Sec. 9.3.28. No materials may be stored within required setbacks, and all materials stored outside shall be adequately buffered and screened from adjoining properties and public rights-of-way. The Applicant is proposing one minor buffer modification and 2 DCSM modifications. Staff has reviewed and resolved issues with site design, site traffic flow and turning movements, landscaping and buffering, ingress and egress, site lighting, stormwater management, and design of Keystone Drive in the vicinity of the Town's Public Works/Utilities facilities. 4 Leesburg Planning Commission December 1, 2016 Minutes Mr. Parker discussed the site design of Land Bay A noting that it fronts on Russell Branch Parkway, Market Street/Route 7 is to the rear, there is a significant slope towards Russell Branch Parkway, access will be from Russell Branch, Buffers and Perimeter Parking Lot Landscaping is provided per the ordinance with one minor exception, 124 parking spaces are provided which is the required amount, and the building size will be 33,502 square feet. The landscaping plan for Land Bay A was also discussed and Mr. Parker explained that all the buffering had been provided, however there is a condition of approval which requires the addition of 10 trees which the Applicant has agreed to do and will be part of the final site plan. Mr. Parker also discussed Land Bay B site design noting that it too fronts on Russell Branch, Tuscarora Creek and its associated floodplains to the rear, access will be from Russell Branch via Keystone Drive, Buffers and Perimeter Parking Lot Landscaping is provided, 120 parking spaces are provided (118 required), the building size is 33, 502 square feet, significant open space is provided, and a 10 foot multi -use trail is provided. The cul-de-sac is reduced in size due to Leesburg Police Department referral comments to discourage parking in the cul-de-sac. Mr. Parker moved on to building design and noted that Land Bay A is located in the H-2 and the Applicant has proffered Land Bay B into the H-2. The BAR reviewed the General Concept Plan in June of 2016 and a resolution was provided to the Applicant which provided comments that needed to be addressed. The Applicant revised drawings and the BAR reviewed these on November 21, 2016 and amended their resolution endorsing the conceptual design of the buildings. Final BAR approval will be required at final Site Plan. Buffering and Screening were addressed and Mr. Parker noted that both Russell Branch Parkway and Keystone Drive frontages have the required Perimeter Parking Lot Landscaping, approximately 10 trees will need to be placed in Perimeter Parking Lot A, and shrubs are to be placed in vehicle display areas. All buffers provided to adjacent land uses with one modification requested for Buffer Yard F. There are significant utilities located in this area. A 50 foot wide S3 buffer is required to be planted in this location. The Applicant is proposing a 60 foot yard buffer located in a 10 foot area as opposed to a 50 foot area. Staff recommends approval of this modification request. Additionally there are 2 DCSM modification requests with regard to intersection spacing and minimum cul-de-sac radius. Mr. Parker reviewed the Special Exception standards TLZO Section 9.3.28) and application compliance as follows: 1. Sales rooms, rental offices, or service facilities shall be located within an enclosed building — All activity of the dealership is proposed indoors, and Special Exception Condition #4 ensures compliance with this condition. 2. The outdoor area devoted to storage, loading, parking and display of goods shall be limited to that area so designated on an approved site plan. Such area shall not be used for the storage or display of vehicles in inoperable condition as defined in Section 32-147 of the Town Code. — Special Exception Condition #5 ensures compliance with this condition. 5 Leesburg Planning Commission December 1, 2016 Minutes 3. All outdoor areas used for parking, storage, loading, display, and driveways shall be constructed and maintained with an all-weather dustless surface. — The only surfaces proposed with this application are all-weather dustless surfaces (asphalt). 4. All lighting fixtures used to illuminate outdoor areas shall be designed to avoid glare in surrounding areas. The facility shall be lit only during the hours that the facility is open for business, except for necessary security lighting — The Applicant has submitted a lighting plan that shows compliance with this standard although there is no written commitment to the requirement of the facility being lit only during business hours. 5. A lighting plan shall be submitted to verify that all lighting fixtures are directed onto the site, and will not impact adjacent properties or roadways —A site lighting plan has been submitted with this application that shows compliance with this condition, per Ordinance requirements. Mr. Parker reviewed Special Exception Approval Criteria TLZO Section 3.4.12 as follows: 1. The proposed use will not adversely affect the use of neighboring properties. — The site is adjacent to a variety of uses on all sides, including a Lowes store, a parking lot for a movie theater, the Town's Public Works and Utilities facilities, and significant open space for a residential land bay at the Village at Leesburg. There are residential uses proposed on Land Bay C of the Village at Leesburg, but the nearest unit will be approximately 980 feet away. Other residential units will be within the adjacent Tuscarora Creek development within Loudoun County, but the closest units will be across Tuscarora Creek and its accompanying floodplain, placing any potential units a significant distance away. Staff believes that potential compatibility issues have been addressed through site design, proffers, and the conditions of approval. The proposed dealerships are compatible with neighboring properties. 2. The use shall comply with applicable zoning district regulations and applicable provisions of the adopted Town Plan, including but not limited to the Plan's Land Use Compatibility Policies — The proposed auto dealerships comply with the Town Plan and the accompanying Land Use Policy Map. This was formalized by the approval of TLTA- 2015-0003 as discussed earlier. If the rezoning of the B-3 district is approved, then a Special Exception application for vehicle sales and service is permitted, thus complying with zoning district requirements. 3. The location, size, and height of buildings, structures, walls, fences, and the nature and extent of screening, buffering, and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings — Appropriate landscaping, buffering, and screening are provided to ensure compatibility with the use of adjacent and nearby lands, which are all approved for development or are already developed. Site design through the H-2 process will further ensure building design compatibility. 4. The proposed use will be such that pedestrian and vehicular traffic generated will not be hazardous or conflict the existing and anticipated traffic in the neighborhood and on the streets serving the site — The dealership uses will generate limited traffic. Russell Branch Parkway has sufficient capacity to handle the expected traffic. Sidewalks and trails are adjacent to both sites. Staff finds that the proposal will not inhibit safe and convenient pedestrian and vehicular traffic. 1.1 Leesburg Planning Commission December 1, 2016 Minutes Mr. Parker concluded his presentation with the following Staff recommendation: 1. The Planning Commission should forward a recommendation of approval for TLZM- 2015-0007 as the proposal to rezone the property to B-3 will allow the subject property to develop with vehicle sales and service uses by Special exception; the proposal is in general conformance with the policies of the Town Plan; the approval criteria of TLZO Sec. 3.3.15 have been satisfied; and the proposal would serve the public necessity, convenience, general welfare and good zoning practice. 2. The Planning Commission should forward a recommendation of conditional approval of TLSE-2015-0013 subject to the following conditions: a) Substantial Conformance — Development of this property shall be in substantial conformance with Sheet 5 of 13 (herein referred to as the "Concept Plan & Special Exception Plat") of the plan set entitled "Brown's Car Stores, Zoning Map Amendment TLZM-2015-0007 and Special Exception TLSE-2015-0013, Sheets 1-16", dated October 16, 2016 by Dewberry Consultants, LLC, with reasonable allowances to be made for engineering and design alteration to meet Town Subdivision and Land Development Regulations, Zoning Ordinance or Design and Construction Standards Manual requirements. b) No Modifications Granted or Implied — Approval of this 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. Final Plats, development plans, and construction drawings are subject to applicable Town regulations, unless modified administratively. c) Uses Permitted — This Special Exception grants approval for 2 auto dealerships, defined as Vehicle Sales and Services by the Zoning Ordinance, in the B-3 zoning district, and shall apply only to the portion of the property as shown on the Special Exception Plat. This condition is subject to approval of TLZM-2015- 0007. d) Sale Activities — All sales, rental or service activity of the dealership shall be within an enclosed building. e) Outdoor Storage, Parking, Loading, and Display of Goods — The outdoor area devoted to storage, loading, parking, and display of goods shall be limited to that area so designated on the approved site plan. Such areas shall not be used for the storage or display of vehicles in inoperable condition as defined in Section 32-147 of the Town Code. f) Site Lighting — The facility shall be lit only during the hours that the facility is open for business, except for necessary security lighting. In addition, all lighting shall have an overall height, including bases and mounting fixtures, of 20 feet from grade. g) Mechanical Equipment — All mechanical equipment, including roof -top equipment, shall be screened from public view by appropriate architectural elements. 7 Leesburg Planning Commission December 1, 2016 Minutes h) Perimeter Parking Lot Landscaping — On Land Bay A, the Perimeter Parking Lot shall have trees added to it at the time of site plan per the Zoning Ordinance. The requirement is 1 tree for every 40 feet of frontage. Christine Gleckner, Land Use Planner, Walsh Colucci, came forward as the Applicant's representative and noted that while she did have a presentation prepared, staff was so thorough in their presentation she did not have anything to add. The Applicant concurs with Staff's recommendations and conditions of approval and will be available to answer any questions the Commission may have. Chairman Welsh Chamblin invited the public to speak to this application. Eric Westergard, Leesburg Virginia, came forward and expressed his desire for the Commission to send a recommendation of denial of the Special Exception for Land Bay B due to concerns regarding large impervious surfaces, floodplain issues and recreation and bike trail uses. Chairman Welsh Chamblin solicited clarifying questions from the Commission members. Commissioner Kidder asked if it had been considered to mitigate some of the impervious surfaces with pervious surfaces. Bill Ackman, Director, Plan Review, responded that there was always room to do pervious pavement and concrete to try to mitigate impervious surface area. However, when dealing with an auto dealership you have to be careful when using these types of products. An auto dealership is considered to be a "Hot Spot". Meaning there will be fleets of cars on that surface and this could actually cause more harm to the environment. If pervious surfaces are to be used it would be limited to areas away from the vehicles. This was done at Leesburg Toyota and there may be some opportunities to do this at site plan. Commissioner Robinson asked if Keystone Drive was a public road and if there would be signage on Route 7 to attract customers to the site. Mr. Parker responded that it is a public road and that they would be allowed signage per the ordinance. The ordinance prohibits off-site signage. Commissioner Kidder asked if the trail that was being provided would alleviate concerns expressed by Mr. Westergard. Mr. Parker explained that the Greenway Corridor Trail goes from Loudoun County across Land Bay C of the Village at Leesburg, continues cross the subject property and across Battlefield Parkway. The Applicant is providing a 10 foot wide asphalt multi -use portion of that trail in addition to the 150 foot Creek Valley Buffer. There is a variety of slopes and vegetation being saved. Chairman Welsh Chamblin asked for additional clarifying questions. Seeing none, she closed the public hearing and solicited Planning Commission comment and discussion. Commissioner Harper expressed concerns regarding the amount of impervious surface proposed and asked that this be considered at site plan. She noted that she would be supporting this application this evening, despite concerns regarding the reduction in the availability of I-1 zoned property. P Leesburg Planning Commission December 1, 2016 Minutes Commissioner Babbin expressed her support of this application as she felt it was an appropriate use for this property. She noted that it is currently zoned for light industrial use and the land owner could build something with the same amount of impervious surface by -right. Commissioner Burk commented that he would like to see pervious surfaces used in the appropriate areas. There is a significant amount of open space area due to the floodplain and there are paths on both sides of Russell Branch Parkway to accommodate pedestrians and cyclists. It was his opinion that this was an appropriate use for this area and he was in support of this application. Commissioner Robinson expressed concerns regarding the location and lack of pedestrian accessibility and the reduced turn -around not being large enough to accommodate car carriers. Mr. Ackman explained that the intent was to discourage the car carriers from unloading in the cul-de-sac area and along the road. They want the carriers to unload inside the site and not in the public right-of-way. Additional concerns exist regarding the Town's Public Works trucks and possible interference with plow trucks. Staff did coordinate with the Director and Deputy Director of Public Works on the radius and operation of the cul-de-sac and all were in favor of the reduced radius. Commissioner Kidder wished to compliment the Applicant on the landscaping and proffering to the H-2 for building design. She felt that this would be a nice addition to the Village at Leesburg and Lowes in terms of compatibility. She encouraged the Applicant to consider pervious surfaces where appropriate. She offered to make the motion at the appropriate time. Commissioner Barnes commented that he too felt that this was an appropriate use for this area and also supported flood mitigation efforts. Chairman Welsh Chamblin thanked both Town staff and the Applicant for their work on this application. She noted that the need to develop an industrial/research park has not been demonstrated recently and felt that the rezoning was appropriate in this instance. She too agreed that pervious surfaces should be incorporated where appropriate. Commissioner Kidder made the following motion: I move that Zoning Map Amendment TLZM-2015-0007, Brown's Car Stores, 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 have been satisfied and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. Second: Commissioner Barnes Chairman Welsh Chamblin called for discussion on the motion. Seeing none, she called for the vote. The motion carried 7-0. 9 Leesburg Planning Commission December 1, 2016 Minutes I move that Special Exception Application TLSE-2015-0013, Brown's Car Stores, be forwarded to the Town Council with a recommendation of conditional approval, subject to the conditions contained in the staff report dated December 1, 2016 and that the Applicant will work with the Department of Plan Review at the time of site plan to incorporate pervious surfaces to the extent practical, on the basis that the Approval Criteria of Zoning Ordinance Section 3.4.12 and specific use criteria of Section 9.3.28 (Vehicle Sales or Rental Facilities) have been satisfied and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. Second: Commissioner Babbin Chairman Welsh Chamblin called for discussion on the motion. Seeing none, she called for the vote. The motion carried 7-0. SUBDIVISION AND LAND DEVELOPMENT None ZONING None COMPREHENSIVE PLANNING None COUNCIL AND REPRESENTATIVES REPORT Vice Mayor Burk wished to thank the Commission for their dedication and hard work noting that she respects and values the work they do. She commented that Chairman Welsh Chamblin had done a great job as Chair this year. She also noted that some Commissioners would not be returning and that she would be sorry to see them go as the work they do is important. Lastly she wished everyone a Happy Holiday and hoped to see them at the swearing in ceremony. STAFF AND COMMITTEE REPORTS Chairman Welsh Chamblin noted that she attended the last BAR meeting where the Brown's Car Stores application was discussed along with some minor cases involving properties within the Old and Historic District. STAFF DISCUSSION None OLD BUSINESS None MIJ, Leesburg Planning Commission December 1, 2016 Minutes NEW BUSINESS Commissioner Burk commented that he was one of the Commissioners that would be leaving and wished to thank the Planning Commission and staff for everything over the last 12 years. Commissioner Babbin wished to thank Lyndsay, Brett and Mary as they may not be returning. Susan Berry -Hill, Director, Department of Planning and Zoning, also wished to thank everyone. She explained that normally, when we have Commission members departing, we have a little celebration however it was felt to be pre -mature to do so this evening as some Commissioners may be returning. ADJOURNMENT The Meeting was adj ourned at 8: 10 pm Approved by: Koren Cicalese, Commission Clerk q4n)ds-ay W h Chamblin,Chair 11