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HomeMy Public PortalAbout02 02 17 PC MinutesThe Town of Leesburg in Virginia Leesburg Planning Commission Meeting Minutes February 2, 2017 The Leesburg Plamiing Commission met on Thursday, February 2, 2017 in the Town Council Chamber, 25 West Market Street, Leesburg, VA 20176. Staff members present were Susan Berry -Hill, Brian Boucher, Bill Ackman, Renee LaFollette, Tom Brandon, Jason Cournoyer, Amy Wyks, Irish Grandfreld, 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 (arrived at 7:16 pm), Barnes, Lanham, Kidder, Robinson and Walker ADOPTION OF AGENDA The agenda was amended to move the CIP presentation before the public hearing Motion: Commissioner Kidder moved to adopt the agenda as amended Second: Commissioner Robinson Vote: 6-0-1(Babbin not present at time of vote) APPROVAL OF MINUTES January 19, 2017 Motion: Commissioner Kidder Second: Commissioner Robinson Vote: 6-0-1(Babbin not present at time of vote) DISCLOSURE OF MEETINGS Commissioners Robinson, Lanham and Walker all disclosed a phone conversation with Mr. Banzhaf regarding the PRC Text Amendment. Commissioner Kidder disclosed a phone call from Mr. Banzhaf however, she told him she would rather discuss the amendment at the meeting. CHAIRMAN'S STATEMENT Chairman Welsh Chamblin stated that she was excited to serve as the Chair of the Planning Commission again this year and was looking forward to another great year. PETITIONERS None Leesburg Planning Commission February 2, 2017 Minutes PUBLIC HEARING TLOA-2016-0008 PRC Zoning Ordinance Text Amendment, Brian Boucher, Deputy Director, Department of Planning and Zoning Chairman Welsh Chamblin opened the public hearing at 7:28 pm and invited staff to make their presentation. Mr. Boucher explained that the intent of the proposed Zoning Ordinance amendment, initiated by Town Council on February 23, 2016, is to allow Town Council to modify the ratio of commercial to office uses and to permit an increase in residential density for planned developments which have been substantially completed in accordance with an approved rezoning concept plan. This amendment amends language in TLZO Section 8.2.2.E Zoning Modifications by reordering existing provisions as well as new language to address use ratios. The Planning Commission held a public hearing on this amendment on October 20, 2016 where they recommended approval with revisions. However, the requestors of the amendment realized that the use ratio portion of the amendment did not resolve their issue. Additionally, when staff revisited the issue it was felt that the ordinance may be too generous and go farther than intended and as such, it would need to be re -advertised for another Planning Commission public hearing. New language is being proposed for TLZO Sec. 8.2.2.E3.d regarding the use ratio conditions, however all other components of the proposed amendment remain the same. Zoning modifications shall be subject to the following approval criteria: • No modification will be granted for the primary purpose of achieving the maximum density on a site. • No modification shall be granted unless an innovative design or more compatible arrangement of uses is achieved. • No modifications shall be permitted which include the addition of uses not identified in the applicable PD permitted use table. • A modification of required use ratios may be approved where: o Occupancy permits for greater than 75% of the permitted PRC District's nonresidential density have been approved o No more than a 10% increase in the nonresidential density in the Town Rezoning Ordinance approving the PRC District and any other concurrently approved zoning district, as set forth on the approved rezoning concept plan, may occur as a result of the modification. o No more than a 15% increase in the residential density in the Town Rezoning Ordinance approving PRC District as set forth on the approved rezoning concept plan may occur as a result of the modification. Currently, this section of the Zoning Ordinance states that a commercial area in a PRC Mixed Use District must have a ratio of 2.5 square feet of commercial to 1 square foot of office. The problem has been that the office market has not been functioning well and it has become very difficult to satisfy the office ratios in the PRC Mixed Use Centers. Mr. Boucher utilized scenarios of the Village at Leesburg, Leegate, and Oaklawn which compared current regulations and the proposed amendment to better demonstrate the proposed amendment and the impact of the increased residential density. Provided that all approval criteria and conditions are met, The Village at Leesburg would be allowed to request a modification for up to 63 additional dwelling Leesburg Planning Commission February 2, 2017 Minutes units, Leegate would be allowed request a modification for up to 70 additional dwelling units and Oaklawn would be able to request a modification to allow up to 180 dwelling units. Mr. Boucher stressed that in each of these cases a rezoning would be required and it would go through the normal rezoning process with public hearings before both the Planning Commission and Town Council. This amendment does not guarantee that a zoning modification would be approved, it simply allows the opportunity for a developer to ask for one. Mr. Boucher summarized that proposed amendment would be beneficial to the Town as it would require more nonresidential development to be in place and it would be beneficial to a developer as it would allow for more residential than under the current version. He concluded the presentation with staff's recommendation of approval. Chairman Welsh Chamblin solicited clarifying questions from the Commission members. Commissioner Lanham asked what the process would be for a developer if this amendment were not approved. Mr. Boucher noted that it would not be allowable under the current ordinance. Commissioner Robinson asked if the current ratio would be eliminated by this amendment. Mr. Boucher explained that the ratio would still exist and would need to be met in order to be able to ask for the modification. An applicant would still need to have greater than75% of the nonresidential built. Commissioner Kidder asked at what point the impact of the requested additional residential is addressed. Mr. Boucher responded that staff determined that this zoning modification request would have to go through the rezoning process and be reviewed on a case by case basis. There is no guarantee that a developer would be granted the maximum. Commissioner Kidder asked if the new proffer legislation had any impact on this amendment. Mr. Boucher explained that it would not as these developments are already in existence and the new legislation exempts amendments to existing rezonings. Commissioner Barnes asked if the Village at Leesburg could seek a special exception for the additional 5% increase in residential as the original amendment allowed 10%. Mr. Boucher explained that a rezoning would be required as the concept plan and proffers would need to be changed. Chairman Welsh Chamblin asked for additional clarifying questions. Seeing none, she invited public comment. Mike Banzhaf, 7900 Tysons One Place, McLean, VA, came forward as a representative for Village at Leesburg. When Town council approved this application in 2005 they approved the whole development. The initial approval was for 635 residential units and they have approximately 503 units now. They are asking for an additional 60 units due to the location of Building X which sits on less than an acre and sits next to multi -family with a parking garage behind it. This is not an ideal place for an office building as it is on the wrong side of the garage. The part that has been marketed and/or leased is on the other side of the parking garage against Leesburg Planning Commission February 2, 2017 Minutes Village Market Boulevard where the restaurants and the life of the project are. This area is more l sequestered and is a good location for residential. These would be high end residential units only II available for lease and there is a high demand in the Town for rental units. Without this amendment, Building X will never get built. There is no market for a high rise office building next to a garage and multi -family. Retail is not permitted in that area due to the office to commercial ratio requirements. He urged the Commission to approve the proposed amendment. Chairman Welsh Chamblin solicited the Commission members for additional clarifying questions. Seeing none, she closed the public hearing at 8:09 and solicited comments and discussion from the Commission members. Commissioner Robinson suggested a sliding scale approach which would allow a developer with 75% nonresidential built to have a 5% increase in residential; 85% would then allow a 10% increase in residential and 95% would then allow a 15% increase in residential. Mr. Boucher commented that staff had considered this however, these development would be so close to build out that there would not be a lot of room remaining. Commissioner Babbin commented that she supported the amendment due to the flexibility it gave to developers, the theory of having them do what they say they are going to do and also because a developer would have to go through the rezoning process and each development could be reviewed on a case by case basis. She didn't feel that it went far enough as this is complicated and the ratios are arbitrary and she was in support of simplifying our ordinances. Chairman Welsh Chamblin asked for additional comments or questions. Seeing none she called for a motion. Commissioner Babbin made the following motion: I move that Zoning Ordinance Amendment TLOA-2016-0008, Planned Residential Community Use Ratio Modification be forwarded to the Town Council with a recommendation of approval for the reasons stated in the staff report dated February 2, 2017 and on the basis that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. Second: Commissioner Kidder Chairman Welsh Chamblin called for discussion on the motion. Commissioner Robinson stated that she did not support the reversal of the 10% and 15% as she would like the residential to remain at 10%. Chairman Welsh Chamblin asked for additional discussion. Seeing none, she called for the vote. Vote: 6-1 (Nay Commissioner Robinson) SUBDIVISION AND LAND DEVELOPMENT None ZONING • TLOA-2014-0001, TLOA-2014-0008, TLOA-2014-0012, TLOM-2014-0011, and TLZM-2014-0003, Flood Plain Ordinance (continued discussion and action), Irish Grandfield, Sr. Planner and Bill Ackman, Director Plan Review Leesburg Planning Commission February 2, 2017 Minutes Mr. Grandfield explained that a number of questions raised by the Planning Commission at their last meeting had been answered in the staff report they received in their agenda packets for this meeting. One item not addressed in the staff report was the question regarding the number of structures affected under the new FEMA maps as opposed to the old maps. Staff has developed a methodology that they are confident was successful in estimating how many structures are in the FEMA Floodplain under the new maps as compared to the old maps. While staff is quite certain of the number of structures under the new maps there is uncertainty as to have many revisions over the years had been included in the coverage for the old maps. Under the new FEMA maps there are 42 structures that are in the high risk flood zone (Zone A and AE). The old map from 2001 had 207 structures. Answers to the other issues, questions, and concerns raised by the Commission can be found in the staff report dated February 2, 2017. Mr. Grandfield noted that he and Mr. Ackman would be available to answer any additional questions the Commission may have. Commissioner Kidder wished to have a response to Neely Law's email and the issues she raised. Chairman Welsh Chamblin responded that the concern regarding the tree canopy was not something that the Planning Commission had control over. The new regulations prevent the planting of trees in the floodplain zone. Mr. Grandfield confirmed that she was correct. Commissioner Kidder referenced the staff report and noted that staff recommended that an applicant meet with the Town on a case by case basis. In addition, there was the aspect of potential assistance from the County. She requested that language be included in the ordinance advising people of these options. Mr. Ackman responded that as specified in the ordinance, any applicant dealing with the floodplain is required to have a pre -application meeting with Town staff. With regards to Loudoun County assistance, he has made a couple of phone calls but did not have a definitive answer. It was his understanding that when certain groups wished to plant trees within the floodplain, in certain areas of the County, County staff will work with those applicants to prepare a mini floodplain alteration study. The Town does not have the staff resources and he has left a message with County staff to see if they would consider doing the same for Town residents and projects as well as Leesburg is within the limits of Loudoun County and subject to County taxes. Commissioner Kidder wished to incorporate language in their recommendation that Council ensure that the County would cooperate with the applicants in Town. Mr. Ackman commented that this was possible and that he would continue, at the staff level, to push for this as well. Commissioner Kidder asked about Ms. Law's recommendations regarding impervious surfaces. Mr. Ackman responded that staff will continue to consider however in his professional opinion he does not agree with Ms. Law. He does agree that in the short small storms using pervious surfaces would be beneficial. However, after a couple of large storms -pervious surfaces such as gravel and pavers have a high probability that flood waters will erode and wash away. Additionally, flood waters are laden with silt which would deposit into these pervious areas and create maintenance problems for property owners. Chairman Welsh Chamblin called for additional questions or comments. Seeing none, she called for a motion. Leesburg Planning Commission February 2, 2017 Minutes Commissioner Babbin made the following motion: I move that TLOA-2014-0001 to amend the Zoning Ordinance text regulating floodplain be forwarded to the Town Council with a recommendation of approval on the basis that the amendment meets the Approval Criteria of TLZO Section 3.2.5 and will serve the public necessity, convenience, general welfare and good planning practice as outlined in the February 2, 2017 staff report. Second: Commission Barnes Discussion: Chairman Welsh Chamblin noted that while she felt it was important to have a floodplain she felt that it was unfortunate that additional buildings were being incorporated into the floodplain which could negatively impact these property owners. Vote: 7-0 Commissioner Babbin made the following motion: I move that TLZM-2014-0003 to amend the Official Zoning Map to create the Floodplain Overlay District be forwarded to the Town Council with a recommendation of approval on the basis that the amendment meets the Approval Criteria of TLZO Section 3.3.15 and will serve the public necessity, convenience, general welfare and good planning practice as outlined in the February 2, 2017 staff report. Second: Commissioner Barnes Discussion: None Vote: 7-0 Commissioner Babbin made the following motion: I move that TLOA-2014-0008 to amend the Subdivision and Land Development Regulation to meet requirements for Town participation in the National Flood Insurance Program be forwarded to the Town Council with a recommendation of approval on the basis that the amendment will serve the public necessity, convenience, general welfare and good planning practice as outlined in the February 2, 2017 staff report. Second: Commissioner Lanham Discussion: None Vote: 7-0 Commissioner Babbin made the following motion: I move that TLOA-2014-0012 to amend the Design and Constructions Standards Manual to create the Floodplain Overlay District be forwarded to the Town Council with a recommendation of approval on the basis that the amendment will serve the public necessity, convenience, general welfare and good planning practice as outlined in the February 2, 2017 staff report. In addition, the Planning Commission recommends that Council work with Loudoun County to allow Leesburg residents to work with County staff to prepare, on their behalf, abbreviated floodplain alterations, for the purpose of adding trees in the floodplain. Second: Commissioner Kidder Discussion: None Vote: 7-0 Leesburg Planning Commission February 2, 2017 Minutes Chairman Welsh Chamblin asked if they were to make a motion for TLOM-2014-0011 Town Code Floodplain Amendments. Mr. Grandfreld explained that the Planning Commission is not charged with making a recommendation on this as it is a Town Code amendment. COMPREHENSIVE PLANNING Capital Improvement Program Presentation, Tom Brandon, Capital Projects Manager Mr. Brandon began the FY -18 to FY -23 Capital Improvement Program (CIP) presentation with a definition of a capital project which is a project that involves construction, renovation, demolition, or acquisition that has a value of at least $60,000 and a useful life of at least 5 years. He then moved on to explain the preparation process noting that this is the first year of the bi- annual budget and staff takes this opportunity to thoroughly vet out the CIP. All projects in the CIP are reviewed to determine if they are still appropriate to be in the CIP. Projects that are not are removed and appropriate projects are added. Input from Town departments, Town Council, Commissions and the public are considered when determining which projects to include in the CIP. The Department of Public Works & Capital Projects prepares a draft document in concert with the Department of Finance and Administrative Services who complete a financial analysis and adjustments of project management costs. Lastly, the Town Manger approves what comes forward to the Planning Commission and Town Council. Mr. Brandon noted that the CIP has changed a lot over the past 15 to 20 years. There were a number of projects in the CIP that were not well defined and had unreasonable budgets and schedules. Beginning approximately 10 years ago, a new direction came in to play whereby the CIP is limited to projects that have realistic scopes of work, identified funding sources and realistic schedules. The number of CIP projects has been reduced from 150 in 2001 to 38 in 2011 and the CIP has been held to a constant of 35 to 40 projects since 2011. There are 38 projects proposed in the draft CIP. Council has given other direction and is committed to transportation, storm drainage, the downtown, and realistic schedules. The Planning Commission is involved in the process because the Town Plan is the basis for long-term decisions and the CIP implements the Town Plan. A number of projects have been removed from the CIP this year. Eight projects have been or will be completed this year and include: • Proffer Contribution to Loudoun County School Board • Skate Park Renovation • South King Street Widening Phase II • Traffic Management System • Lower Sycolin Creek Sewage Conveyance System Phase II • Airport Master Plan Update • Airport Stormwater Management Plan/Drainage Study • US Customs General Aviation Clearance Facility New Projects included the following: • General Government — Upgrade Police Computer Aided Dispatch Center • Parks and Recreation — Tuscarora Creek Trail Phase I and Veterans Park at Balls Bluff Leesburg Planning Commission February 2, 2017 Minutes • Streets and Highways — Edwards Ferry Road Sidewalk Improvements, Royal Street Improvements, South King Street Bridge Over Tuscarora Creek Deck Replacement, Replace Traffic Signal at S. King Street and Clubhouse Drive, and West Market Street Sidewalk Improvements • Storm Drainage — Market Street/King Street Intersection and alley between 4 and 5 South King Street • Utilities — Recoating and Rehabilitating the Water Pollution Control Plat Storage Tanks • Airport - Apron Paving, FBO Hangar, Runway 17 Approach Lighting Upgrade, and Self - Service Fuel Facility Mr. Brandon noted that there were a number of budget changes and the draft CIP includes updated construction cost estimates for 3 projects — Route 15 Bypass/Edwards Ferry Interchange, Sycolin Road Widening Phase IV, and Tuscarora Creek Flood Mitigation and Stream Restoration. The scope of the following projects has been revised: • Battlefield Trail across Route 15 Bypass — added requirements due to federal funding • Hospital Water Storage Tank Rehabilitation — reduced scope and budget • Miscellaneous Waterline and Sanitary Sewer Improvements —modified list of improvements There is additional funding from outside agencies totaling almost $30 million for the following projects: • East Market Street/Battlefield Parkway Interchange ($20 million additional NVTA) • Evergreen Mill Road Widening ($1 million VDOT) • Battlefield Parkway ($1 million VDOT and $1 million Loudoun County) • Battlefield Parkway Trail across Route 15 ($726,000 VDOT/FHWA) • Veterans Park ($4 million Loudoun County) • Sycolin Road Widening Phase IV ($2 million VDOT) Mr. Brandon highlighted the following schedule changes: • Downtown Streetlights — delays due to phasing and VDOT authorizations • Interactive Water Feature — postponed pending completion of Master Plan • Battlefield Parkway (King Street to Greenway) — delay in acquiring land rights • Battlefield Trail across Route 15 Bypass — accelerated with VDOT/FHWA funding • Davis Court Bridge Replacement — postponed due to Crescent Parke development • Sycolin Road Widening Phase IV — delays in VDOT approval to acquire right-of-way • Tuscarora Creek Flood Mitigation and Stream Restoration— delayed due to phasing • Hospital Water Storage Tank Recoating — accelerated • Security System at Water Pollution Control Facility Phase II — delay in procuring system Lastly, Mr. Brandon explained the CIP adoption process which began with tonight's presentation of the CIP. It will be followed by a Planning Commission Public Hearing where the Commission will review the CIP for consistency for the Town Plan and forward their Leesburg Planning Commission February 2, 2017 Minutes recornmendation to Town Council. Moving forward the CIP will be presented to Town Council along with the Planning Commission's recommendations. It will move forward to a Town Council public hearing where they will adopt the CIP as part of their budget process. Mr. Brandon completed his presentation noting that he and a number of Directors were available to answer questions from the Commission. Chairman Welsh Chamblin solicited clarifying questions from the Commission members noting that any discussions on the CIP items will need to be held at the public hearing and not during tonight's presentation. Commissioner Kidder asked if the drainage replacements would be upgraded with new technology, i.e. filters. Mr. Brandon responded that this was not a water quality project and only involves the replacement of the collection system. New inlets will be added that are away from the intersection and will no longer be located at the actual corner. Water will drain into the new inlets and eventually into the existing storm drain system. Commissioner Robinson asked for the totals of the FY -2018 and FY -2019. Mr. Brandon responded that the total for FY -2018 was approximately $27 million and FY -2019 was approximately $39 million. Jason Cournoyer, Management and Budget Officer, clarified that new figures had been provided to the Commission this evening that had the totals for each year by fund. Commissioner Robinson asked if the runway project was still in the CIP. Mr. Brandon clarified that it was the extension of the runway and explained that it was in the Potential Future Project List. There is no funding and it has not been scheduled to be constructed. Commissioner Robinson asked if the salaries for these projects was still included in the project costs even though there is no 5 year residual. Mr. Brandon clarified that that was included in the administrative costs previously discussed. Commissioner Lanham asked how the Town adds administrative costs to the total project costs. Mr. Brandon responded that they are real costs. Staff in their department tracks their time by project. The Finance Department converts those hours into dollars and assigns those costs to the projects on a quarterly basis. Commissioner Lanham inquired about the Battlefield Parkway delay. Mr. Brandon explained that it is a 6 month delay from last year's schedule. The pre -construction conference on that project is scheduled for next week. Commissioner Lanham also asked for clarification on the Tuscarora Creek Flood Mitigation Project delay. Ms. LaFollette explained the delay was due to a combination of issues which included dealing with the community adjacent to Tuscarora Creek regarding design, FEMA approval, and land acquisition. The updated acquisition estimate is much more expensive than anticipated and the construction had to be spread out over a couple of years in order to be able to finance the project. Leesburg Planning Commission February 2, 2017 Minutes Chairman Walsh Chamblin called for additional clarifying questions. Seeing none, she thanked staff for their presentation. SRTC Report None STAFF DISCUSSION None OLD BUSINESS None NEW BUSINESS Bylaws The Planning Commission agreed to make the following amendments to their bylaws: Section 1.5 - removal of "At the first meeting in January" Section 1.5 — Remove "shall approve members" and replace with "may approve members" Section 2.8 — inclusion of language, drafted by Commission Babbin and Ms. Caputo and reviewed by the Commission, to address what meetings need to be disclosed. These amendments will be voted on at the next Planning Commission meeting on February 16, 2017. Tracking Chart The Planning Commission discussed the Tracking Chart and agreed to the following: • Discussion on the preparation of a Commission recommendation to Town Council to initiate a Town Plan Amendment to allow a bikeway network — This will remain on the chart and will be scheduled for a future meeting to be determined. • Request for a scheduled discussion on the necessity to have Commission liaisons to other Boards and Commissions - This was removed as it had occurred during the bylaw amendment discussion. • Request for a scheduled comprehensive discussion on parking within the Town of Leesburg to include downtown parking, parking and zoning, payment -in -lieu, and shared parking - This has beerf scheduled for March 2nd after the staff briefing to Council on February 27tH • The Commission voted to recommend initiating a zoning ordinance amendment to address concerns related to two -over -two units — This will be discussed at the February 16"' meeting to determine which Commissioner(s) will bring this forward to Council. • Request to have a discussion on developing a Planning Commission work plan — This will be scheduled for a future meeting to be determined. • Semi-annual updates from the Tree Commission — This item was removed. T•; Leesburg Planning Commission February 2, 2017 Minutes Tree Commission Briefing Commissioner Kidder requested an update on the status of the tree canopy. The Commission supported this request and a briefing by the Tree Commission will be scheduled for a future meeting to be determined. ADJOURNMENT The Meeting was adjourned at 9:45 pin Aplroved b,y ; i I \_ Karn Cicalesei Commission Clerk ndsay We It Chamb n, Chair 11