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HomeMy Public PortalAbout05 18 17 PC Minutesti C, The Town of Leesburg in Virginia Leesburg Planning Commission Meeting Minutes May 18, 2017 The Leesburg Planning Commission met on Thursday, May 18, 2017 in the Town Council Chamber, 25 West Market Street, Leesburg, VA 20176. Staff members present included Susan Berry -Hill, Scott Parker, Shelby Caputo, 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, Lanham, Robinson, and Walker ADOPTION OF AGENDA Motion: Commissioner Babbin Second: Commissioner Kidder Vote: 7-0 APPROVAL OF MINUTES May 4, 2017 Motion: Commissioner Babbin Second: Commissioner Kidder Vote: 6-0-1 (Welsh Chamblin abstained as she was not present at that meeting) DISCLOSURE OF MEETINGS Commissioner Babbin disclosed a number of discussions regarding the Economic Development Steering Committee, however, no discussion was held on anything coming before the Planning Commission. She asked if the Commission agreed to only require her to disclose discussions and/or meetings when the topic is related to Planning Commission matters. All Commissioner were in agreement. CHAIRMAN'S STATEMENT Chairman Welsh Chamblin thanked Commissioner Robinson for chairing the May 4t" meeting in her absence. She noted that it was a very successful meeting and that she was looking forward to some of the outcomes from that meeting. PETITIONERS None 1 i Leesburg Planning Commission May 18, 2017 Minutes PUBLIC BLARING TLTA-2017-0001 Proffer Statute Town Plan Amendment and TLZO-2017-0001 Proffer Statute Zoning Ordinance Amendment — Scott Parker, Assistant Town Manager Chairman Welsh Chamblin opened both public hearings at 7.03 pm. Mr. Parker explained that this is a Town Plan Amendment and a Zoning Ordinance Amendment that addresses an option that Town Council directed staff to pursue to address the new State proffer legislation. The proposed amendments represent a collaborative effort between the Department of Planning and Zoning and the Town Attorney's Office to respond to the proffer statute and how best to protect the Town. Mr. Parker gave a brief history noting that on March 7, 2016, the General Assembly of Virginia amended Chapter 322 of the Code of Virginia to add section 15.2-2303-4, related to conditional zoning. This was intended to protect developers against governments who abuse the rezoning process to get more proffers than are justified by a residential rezoning. There have been major concerns with this legislation as it inhibits a collaborative approach, could shift the costs of necessary improvements, reverses the longstanding presumptions of "reasonableness, and the language in the statute referring to "specifically attributable". Mr. Parker noted that jurisdictions across the state are reacting differently to this new legislation and Town staff has met regularly to discuss options that are specific to Leesburg such as development patterns and percentage of build -out. Staff analysis determined a dramatic impact on the review and acceptance of proffers for residential rezonings or mixed use rezonings that contain a residential component. Mr. Parker explained that the legislation provides for an exception of "small area plans" and Loudoun County is utilizing this approach for their development approach to this new legislation. He further explained that Leesburg's growth is anticipated to be in areas that can be exempted from this legislation via the "small area plan" concept. The Town is currently operating under the Interim Policy as directed by Council which mandates that the Town will not accept any type of proffers (cash or contributions) for any rezoning application that contains a residential component. Additionally the Town will no longer accept applicant -initiated Town Plan amendments. This Interim Policy is to remain in effect until such time as a permanent policy is established and amendments are made to the Zoning Ordinance, Town Plan, and other Town documents related to proffers. Lastly, the Town has established a limited cornmunication protocol between staff, officials, and developers to avoid claims of unreasonable proffers requests. This has not been a problem as there are no applications in the pipeline or any pending applications at this time. Mr. Parker discussed allowable exemptions from legislation where the Town could still accept, discuss, and request proffers. The Small Area Comprehensive Plans are exempt from the new law so long as these areas contain certain existing or proposed public amenities. These include areas designated as a revitalization area, areas that encompass mass transit, areas that include mixed use development, and areas that allow a density of at least 3.0 floor area ratio (FAR) in a portion thereof. There are areas within the Town that can be classified as "small area plans" and Leesburg Planning Commission May 18, 2017 Minutes include the Crescent Design District and the currently underway East Market Street Small Area Plan. The Forrestier tract lies within the East Market Street area and this property could be developed with a residential component. Mr. Parker explained that staff had presented options to Town Council and Council chose to allow exemptions in designated small area plans, to not accept proffers for any areas outside of the designated small area plans, to make minor changes to the Town Plan and Zoning Ordinance, and to keep the interim approach for communication protocol. This will be implemented as follows: • Amend the Zoning Ordinance and the Town Plan to succinctly and specifically designate the Crescent Design District as a small area plan. • Amend the Town Plan to designate the East Market Street area as a small plan area. • Amend the Town Plan language concerning applicability of proffers. • Amend Article 3 of the Zoning Ordinance referencing proffers. Chairman Welsh Chamblin called for clarifying questions from the Commission members. Commissioner Babbin asked if the East Market Street Small Area Plan qualified as a revitalization. Mr. Parker responded that it did as there are areas within this area that are ripe for redevelopment, such as the Cardinal Park areas. Commissioner Babbin asked if it was the opinion of Legal Counsel that as long as there is some land that is to be revitalized, within that small area plan, the whole area qualifies for exemption. Shelby Caputo, Deputy Town Attorney, replied that it was. Commissioner Babbin noted that she had seen something in the staff report regarding the need to act on these amendments quickly and asked why there was this sense of urgency as there are no applications in the pipeline. Mr. Parker explained that while there is nothing pending currently, staff is working on the East Market Street Small Area Plan and the Peterson Companies have alerted staff that development is forth coming. There is a relative sense of urgency to address the proffer legislation in the Town Plan and Zoning Ordinance so that staff will be prepared when an application is submitted. Under the current Interim Process, if an application for a residential rezoning were to be submitted, the Town would not accept proffers, the developer would have to mitigate their impacts onsite and meet the Town Plan requirements which would be used as a criteria for an evaluation and/or a recommendation of approval or denial. Commissioner Babbin asked if staff has considered or studied whether the creation of these small area plans would put the Town at a competitive disadvantage for revitalization. Mr. Parker responded that staff did not believe that it would put the Town at a competitive disadvantage as it could still negotiate proffers in these small plan areas. Not being able to discuss proffers could hinder development within the Town. Commissioner Babbin noted that the Interim Policy included a potential fee increase and asked if that was included in the permanent approach. Mr. Parker explained that as part of the Interim Process, a fee increase was included however, no fees were charged as there weren't any 3 Leesburg Planning Commission May 18, 2017 Minutes applications. A fee increase is not included in the proposed policy and would have to be approved by Council. Once this new policy is approved by Council, the Interim Policy will no longer be in effect with the exception of the communication protocol. Commissioner Lanham asked what the minimum size was for a small area plan. Mr. Parker responded that staff does not believe that the State statute designates a minimum or maximum area to be considered for a small area plan. It does have to be a revitalization area and the criteria for mass transit and FAR of 3.0 must be met. Commissioner Robinson asked if the reason that the Rogers property, the O'Connor property, and the area within the JMLA near Battlefield were not considered because there is no mass transit, no 3.0 FAR and no revitalization in these areas. Mr. Parker responded that was the reason the O'Connor property was not considered. The Rogers property is already zoned R-4 and there has not been any interest expressed in rezoning that property. Anything outside the Town was not considered as it falls within the County's jurisdiction. Chairman Welsh Chamblin called for additional clarifying questions. Seeing none, she close the public hearings at 7:27 pm and solicited Commission member discussion and comments. Commissioner Robinson asked which development would be responsible for mitigating the impact on services. Mr. Parker responded that it would be the development proposed in the rezoning that creates the need for mitigation. Susan Berry -Hill, Director, Department of Planning and Zoning, further clarified that a developer is only responsible for mitigating the impact they are providing. Ms. Caputo stated that the magic words in the statute are "significantly attributable". A separate analysis for each developer must be done to determine what is significantly attributable to that developer and the impact on schools, services, etc. Mr. Parker clarified that this could only occur outside of the Crescent Design District and the East Market Street Small Area Plan. Commissioner Robinson proposed language changes to the proposed Zoning Ordinance amendments. She also asked if the small area plans will be listed in the Town Plan, Mr. Parker noted his agreement with the language changes and commented that the small area plans are not listed in the Town Plan at this point. Commissioner Lanham asked if staff had an idea of what type of analysis a developer is expected to provide when requesting a rezoning and if there were guidelines published. Mr. Parker explained that the applicant would have to present analysis on how impacts are mitigated and how the development would comply with the Town Plan. There are not guidelines currently available, and staff has not been directed to compile guidelines at this juncture. Commissioner Babbin stated that she was not ready to vote this evening. She referenced an article on proffers written by Mike Banzhaf and she encouraged the Commission members to M Leesburg Planning Commission May 18, 2017 Minutes read it. She explained that this proffer legislation was initiated by a Supreme Court decision in 2015 and is still subject to that decision regardless of what the Town does with small area plans. She asked if Legal Council had given guidance as to what can and can't be done in small area plans. Ms. Caputo responded that this has not been discussed in detail however, staff is very aware of the Kuntz decision. She did not think that anything the Town had done has violated this decision. Commissioner Babbin asked if the payment -in -lieu program applied to both residential and commercial. Ms. Berry -Hill explained that it applies to commercial in the B-1 District and some residential within a specified area. Commissioner Babbin cautioned that this was something the Town needed to consider because the fee is subject to the same considerations as proffers. Commissioner Babbin suggested language changes to the proposed Zoning Ordinance amendments. Chairman Welsh Chamblin summarized the proposed changes as follows: Commissioner Robinson proposed switching the order of A and B Colder TOL Zoning Ordinance Section 3.3.16 Commissioner Babbin proposed removing the example under TOL Zoning Ordinance Section 3.3.3.E. Commissioner Babbin proposed removing language regarding the pre -application process under TOL Zoning Ordinance Section 3.3.4.A Mr. Parker noted that similar language referencing pre -application conferences is also in TOL Zoning Ordinance Section 3.1.5 and recommended it be removed as well. Chairman Welsh Chamblin asked for consensus amongst the Planning Commission regarding the changes and all Commissioners were in support of the proposed language changes. Chairman Welsh Chamblin commented that she was glad to see this moving forward as it was an important step in keeping the Town compliant with State legislation. Chairman Welsh Chamblin called for a motion: Commissioner Robinson made the following motion: I move that the Zoning Ordinance Amendment TLOA-2017-0001, amendments to Article 3 and 7 of the Zoning Ordinance for the purpose of addressing Virginia Code Section 15.2-2303.4 which is related to proffers for developments with a residential component, be forwarded to the Town Council with a recommendation of approval for reasons stated in the staff report dated May 18, 2017, and on the basis that it would serve the public necessity, convenience, general welfare and good zoning practice. 5 Leesburg Planning Commission May 18, 2017 Minutes Commissioner Barnes seconded the motion. Chairman Welsh Chamblin called for discussion on the motion. Commissioner Babbin stated that she would be abstaining from voting as she is not comfortable with the proposed amendments, and was concerned that this could put the Town at a competitive disadvantage with neighboring jurisdictions. She would have liked to have more time to study this, particularly with the new Economic Development Steering Committee. Chairman Welsh Chamblin called for additional discussion on the motion. Seeing none, she called for the vote. The motion was approved by a vote of 6-0-1 (Babbin abstained). Commissioner Robinson made the following motion: I move that `rLTA-2017-0001, amendments to the Town Plan for the purpose of addressing Virginia Code Section 15.2-2303.4 which is related to proffers for developments with a residential component, be forwarded to the Town Council with a recommendation of approval for reasons stated in the staff report dated May 18, 2017, and on the basis that it would serve the public necessity, convenience, general welfare and good zoning practice. Commissioner Kidder seconded the motion. Chairman Welsh Chamblin called for discussion on the motion. Commissioner Babbin noted that she would be abstaining for the reasons previously stated. Chairman Welsh Chamblin called for additional discussion. Seeing none, she called for the vote. The motion was approved by a vote of 6-0-1 (Babbin abstained). SUBDIVISION AND LAND DEVELOPMENT None ZONING None COMPREHENSIVE PLANNING None SRTC REPORT None STAFF AND COMMITTEE REPORTS None A Leesburg Planning Commission May 18, 2017 Minutes OLD BUSINESS Planned Bikeway Networiz Discussion (continued from May 01) Ms. Berry -Hill noted that the Commission had brought up to concerns at the last meeting; the cost of the signage and the bike trail on Plaza Street and the proposed sidewalk on the west side of Plaza Street, south of Edwards Ferry Road to the police station. Ms. Berry -Hill informed the Commission that the signage cost was approximately $2,300. With regard to the Plaza Street sidewalk, the concern was the potential tree removal that would be required. Ms. Berry -Hill noted that she had spoken to the Department of Public Works and Capital Projects and this project is in the Potential Futures list in the CIP. The projects in this list, have no cost and no work has been done however, it has been identified as something we may need to look at in the future. She commented that she understood Commissioner Kidder's concerns and her desire to recommend that the Town Manager and the Department of Public Works and Capital Projects consider options that would not require the removal of trees which would impact the neighborhood and the tree canopy. Ms. Berry -Hill noted that she had prepared a resolution for the Commission to review and consider if they would like to make a recommendation on this issue. Chairman Welsh Chamblin suggested that the Commission members review the resolution and discuss at a future meeting. The Commission members were in agreement. Discussion of a proposal to hold staff briefings on upcoming land development applications or amendments prior to the public hearing Commissioner Robinson explained that she would like to have work sessions where staff could present applications that are going to come before the Commission in a public hearings, i.e. amendments, rezonings, etc. She felt this would enable the Commission to have a better understanding of what is being proposed and to be better prepared at the public hearing. Commission members expressed concerns regarding procedures for the work sessions, delays in the land development application process, and flexibility in regards to applications requiring a work session. After further discussion, Commissioner Robinson withdrew the proposal based on the discussion and concerns expressed. Commissioner Kidder noted her support of the proposed work session briefings. Commissioner Lanham commented that this was done in other jurisdictions and that he found it to be very helpful. After additional discussion, it was determined to schedule a discussion on work session briefings for a future meeting. 7 Leesburg Planning Commission May 18, 2017 Minutes NEW BUSINESS None ADJOURNMENT The Meeting was adjourned at 8:28 pm Approved by: 7 6;'ka r n Cicalese, Commission Clerk Gigi R i n, Vice Chair