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Tie clown of Leesburg in Virginia
Leesburg Planning Commission
Meeting Minutes
September 7, 2017
The Leesburg Planning Commission met on Thursday, September 7, 2017 in the Town Council
Chamber, 25 West Market Street, Leesburg, VA 20176. Staff members present included Susan
Berry -Hill, Scott Parker, Chris Murphy, Shelby Caputo, and Karen Cicalese.
CALL TO ORDER
The meeting was called to order at 7:02pm by Chairman Welsh Charnblin
PLEDGE OF ALLEGIANCE AND ROLL CALL
Members Present: Chairman Welsh Chamblin, Commissioners Babbin, Barnes, Kidder,
Lanham, Robinson, and Walker
ADOPTION OF AGENDA
Motion: Commissioner Kidder
Second: Commissioner Babbin
Vote: 7-0
APPROVAL OF MINUTES
July 20, 2017
Motion: Commissioner Kidder
Second: Commissioner Barnes
Vote: 7-0
DISCLOSURE OF MEETINGS
Commissioner Lanham disclosed a meeting with Walsh Colucci regarding the Brickyard
application in early August and a phone conversation with Mike Banzhaf regarding the Cobb
Theater Expansion application.
Commissioner Babbin disclosed a meeting with Chris Gleckner, Walsh Colucci, regarding the
Brickyard application and a brief conversation with Mike Banzhaf regarding the Cobb Theater
Expansion application.
Commissioner Robinson disclosed a meeting with Chris Gleckner, Walsh Colucci, regarding the
Brickyard application.
Chairman Welsh Chamblin noted that Mr. Banzhaf had left her a message and Chris Gleckner
had sent her an email, but she hadn't spoken to either.
Leesburg Planning Commission
September 7, 2017 Minutes
CHAIRMAN'S STATEMENT
Chairman Welsh Chamblin stated that she hoped the Commission had enjoyed the extended
break and the beautiful weather we've had. She noted that she was looking forward to tonight's
meeting as there were a couple of great projects coming forward.
PETITIONERS
None
PUBLIC HEARING
TLZM-2017-0003 and TLSE-2017-0002 Village at Leesburg Cobb Theater. Expansion,
Scott Parker, Sr. Planning Project Manager
Chairman Welsh Chamblin opened the public hearing at 7:05pm and invited staff to make their
presentation.
Mr. Parker explained that there were 2 applications before the commission. The first was a
Concept Plan and Proffer Amendment to TLZM-2015-0009 to allow a 13,000 square foot
expansion of the Cobb Theater in a portion of Land Bay A. The second application was a
Special Exception request to allow the construction of the 13,000 square foot expansion of the
Cobb Theater in a portion of Land Bay A, subject to the approval of TLZM-2017-0003.
Mr. Parker discussed the location of the proposed expansion noting that it would be cantilevered
over the parking lot similar to the existing building and will be comprised of 2 theaters. He
noted that although they were adding 2 additional theaters, there would be an overall reduction of
100 seats due to interior renovations of the existing theaters. Parking will be altered slightly but
will be maintained in its current configuration.
Mr. Parker gave a brief history of the theater, noting that it was approved via TLZM-2008-0010
which allowed a theater in lieu of a hotel through a Special Exception process. TLZM-2009-
0008 amended the original approval to allow for the current program elements of the theater
which include the number of theaters, number of seats, food and beverage area, etc. The current
application requests allowance of a 13,000 square foot expansion of the theater use only. None
of the other aspects of the application will change.
Mr. Parker explained that the current zoning is 13-4 and the planned land use is regional office
and neither will be changed by this application. Items reviewed with this application included
various concept plan items (mostly notes and tabulations), parking, stormwater management, and
current proffer language. Staff recommends the Planning Commission forward a
recommendation of approval to Town Council as the rezoning application is in general
conformance with the policies of the Town Plan, the approval criteria of TLZO Sec. 3.3.15 have
been satisfied, the proposal is consistent with prior amendments to the Village at Leesburg
Concept Plan and Proffers, and would serve the public necessity, convenience, general welfare
and good zoning practice.
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September 7, 2017 Minutes
Mr. Parker noted that should the rezoning application be approved, the Concept Plan requires a
Special Exception for the theater expansion. Review and evaluation was similar to the Concept
Plan and Proffer Amendment and included various concept plan items (mostly notes and
tabulations), parking and stormwater management. Mr. Parker concluded with Staff's
recommendation of Conditional Approval of TLSE-2017-0002 subject to the following
conditions:
Substantial Conformance: Development of this property shall be in substantial conformance
with Sheet 3 of 23 (herein referred to as the "Concept Plan & Special Exception Plat") of the
plan set entitled "Concept Plan and Proffer Amendment, Rezoning Concept Plan Amendment
TLZM-2017-0003 and Special Exception TLSE-2017-0002, Sheets 1-23, dated May 2017 (and
amended August 7, 2017) by Urban, Ltd., 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.
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 the applicable
town regulations, unless modified administratively.
Uses Permitted: This Special Exception grants approval for a movie theater expansion at the
Village at Leesburg in the B-4 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-2017-
0003. The theater use shall be limited to a maximum of 74,500 square feet and a maximum of
1,900 seats. Accessory uses are limited to a maximum of up to 3,000 square feet of theater
food/beverage uses as well as accessory lounge, storage, office and restroom facilities, and up to
28,400 square feet of ground floor retail/restaurant uses.
Stormwater Management: Prior to approval of the associated final site plan, the applicant shall
send legal documentation to Town staff indicating that the existing pipes to be located under the
proposed building overhang are privately maintained, and are the responsibility of the owner.
Emily Struck, Director of Development, Rappaport Companies, the owners of Village at
Leesburg, noted that they were very excited when Cobb approached them about the proposed
improvement and willingness to renovate the interior of the theater. She felt that it solidified
what a great place the Village at Leesburg is and what it can be. She wished to thank staff for
working with them on these applications. She stated that she had read the staff report and was in
agreement with everything presented.
Chairman Welsh Chamblin called for clarifying questions.
Commissioner Kidder noted that the staff report stated that the buffer plantings would not be
disturbed and asked for clarification on the location of the buffer plantings. Mr. Parker explained
that the buffer plantings running along the building frontages would not be disturbed.
Leesburg Planning Commission
September 7, 2017 Minutes
Commissioner Robinson asked which section of the proffers addressed the agreement for the
private maintenance of stormwater management. Mr. Parker explained that this was not in the
proffers; it was with the original site plan application when the theater was built. This is a
condition of approval that must be met.
Commissioner Robinson asked how many seats existed currently. Mr. Parker answered that the
original approval was for 1,900. This will be amended to 1,800 after the addition.
Ms. Struck explained that it was a phased renovation and expansion. They have been working to
ensure that fire, life safety, and egress is all maintained and not exceeded during the construction
phases.
Commissioner Robinson asked if the BAR had approved the building design. Mr. Parker
responded that Tom Scofield, the Town's Preservation Planner, had approved it administratively.
Commissioner Lanham asked how parking will be handled during construction. Ms. Struck
explained that -when a general contractor is selected, they will put together a staging plan that
will include vehicular access. The existing drop off zone underneath the existing theater is very
important as there are handicap parking spaces located there and their intent is to maintain it or
change the direction of traffic around the construction. They will also be providing placards to
educate people as to the location of other parking garages. The LA Fitness parking area will also
be available for those who prefer surface parking.
Commissioner Babbin asked if Land Bay A was a different land bay than where the existing
theater is located. Mr. Parker replied that it was the same land bay.
Commissioner Babbin asked why a Special Exception was needed for the same land bay. Mr.
Parker explained that the Special Exception is linked to the approval of a theater, not the land
bay. There is already an approved Special Exception for the existing theater and this application
will change the existing program elements.
Commissioner Babbin asked if the Special Exception was so specific as to list seat quantity,
square footage, etc. Mr. Parker responded that the Special Exception is where most of those
details are. Commissioner Babbin expressed concern regarding the specificity of the Special
Exception as she felt that level of detail should not be in the Special Exception.
Chairman Welsh Chamblin called for public comment. Seeing none, she closed the public
hearing at 7:26pm and solicited questions, comments, and discussion from the Planning
Commission members.
Commissioner Babbin commented that she would like to have a future discussion on why
Special Exceptions contains such a high level of detail that they require an additional Special
Exception process to change the amount of seats in a restaurant or theater, food and beverage
area, etc. It was her opinion that this was an unnecessary process for the applicant and could be
done administratively.
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September 7, 2017 Minutes
Commissioner Kidder stated that the comments made by Commissioner Babbin did not represent
her point of view.
Chairman Welsh Chamblin called for additional comments and/or discussion. Seeing none she
called for a motion.
Commissioner Kidder moved that Zoning Map Amendment TLZM-2017-0003, Village at
Leesburg Concept Plan Amendment dated May, 2017 (amended August 7, 2017) and amended
proffers dated June 30, 2017, for the expansion of the Cobb Theater, be forwarded to the Town
Council with a recommendation of approval, subject to the revisions contained within the
September 7. 2017 staff report, on the basis that the Approval Criteria of Zoning Ordinance
Section 3.3.15 have been satisfied and that the proposal would serve the public necessity,
convenience. general welfare and good zoning practice.
Commissioner Lanham seconded the motion and the motion carried by a 7-0 vote.
Commissioner Kidder moved that Special Exception application TLSE-2017-0002, Village at
Leesburg Concept Plan Amendment dated May, 2017 (amended August 7, 2017), for a 13,000
square foot expansion of the Cobb Theater, be forwarded to the Town Council with a
recommendation of approval, subject to the revisions contained within the September 7, 2017
staff report, on the basis that the Approval Criteria of Zoning Ordinance Section 3.4.12 have
been satisfied and that the proposal would serve the public necessity, convenience, general
welfare and good zoning practice.
Commissioner Lanham seconded the motion and the motion carried by a 7-0 vote.
TLOA-2017-0008 Restoration of Wall Mounted Sign Height, Chris Murphy, Zoning
Administrator
Chairman Welsh Chamblin opened the public hearing at 7:31pm and invited staff to make their
presentation,
Mr. Murphy explained that this was an amendment to TLZO Sec. 15.6.1 Measurement of Sign
Area and Height to reestablish wall -mounted height regulations inadvertently removed by the
adoption of Ordinance No. 2007-0001 amending Article 15 Sign Regulations. He provided a
brief history of the ordinance amendment noting that the 2015 United States Supreme Court
decision in Reed v. Town of Gilbert, Arizona sent municipalities across the county reeling to
address the new legislation regarding signs, in particular, how temporary signs are treated. In
response to that, Town Council initiated amendments to Article 15 Sign Regulations to comport
with the Reed decision. The initiation of the sign regulation amendments were very narrowly
tailored to comport with the Reed decision and did not include wall sign height regulations.
Ordinance No. 2017-0001 was adopted January 10, 2017 and soon thereafter staff discovered the
inadvertent omission of the long standing wall -mounted sign height regulations previously in
TLZO Sec. 15.7.2.C.2 from the draft Ordinance 2017-0001.
Section 15.7.2.C.2 previously read as follows: "Maximum Height of Wall Signs. Twenty-five
feet (25'), or the height of the bottom sill of any second story window, whichever is lowest."
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Leesburg Planning Commission
September 7, 2017 Minutes
The proposed amendment reads as follows: Maximum Height. The height of a sign shall be
determined as the difference in height measured from grade to the uppermost extremity of the
sign. Unless otherwise specified, maximum wall -mounted sign height shall be twenty-five feet
(25'), or the height of the bottom sill of any second story window, whichever is lowest. Mr.
Murphy concluded his presentation with staff's recommendation of approval of the amendment
as presented in the September 7, 2017 staff report.
Chairman Welsh Chamblin called for clarifying questions.
Commissioner Barnes asked if the size of the sign would be a factor. Mr. Murphy responded
that it would not.
Commissioner Lanham asked if the regulation would apply to a building with more than 2 floors.
Mr. Murphy responded that it would.
Commissioner Babbin asked for clarification on what is considered to be a wall -mounted sign
and possible examples. Mr. Murphy replied that it was a sign affixed to a wall such as the sign
on the real estate agency across the street. They have a sign affixed to the wall of their building,
Commissioner Babbin asked if this applied to the Town as a whole or just the historic district.
Mr. Murphy replied that it would apply to the Town as a whole. He explained that the BAR has
certain authority and in circumstances where it is architecturally correct, they can allow a sign
above twenty-five feet such as the sign above the Lightfoot Restaurant. There are certain
instances in the zoning ordinance where a person could petition for a modification of sign height.
Commissioner Babbin asked if there were other examples of modifications within the Town.
Mr. Murphy explained that the only other modifications pertaining to sign height were for the
Homewood Suites on Edwards Ferry Road and The Comfort Suites on East Market Street. The
Zoning Ordinance has provisions for unusual site constraints, and based on the use of these 2
buildings, justification was found to allow them to have signs that were higher to assist the
traveling public to find these hotels.
Commissioner Walker asked if this amendment would require any adjustments to current
signage. Mr. Murphy answered that it would not.
Chairman Welsh Chamblin called for additional clarifying questions. Seeing none, she closed
the public hearing at 7:40pm and called for additional questions, comments and discussion from
the Commission members.
Commissioner Babbin commented that while she understood that this amendment would be
correcting something that was inadvertently omitted, she did not feel that she could vote for
restoring something without a clear understanding of how it affects businesses in Town. She
suggested postponing the vote to the following meeting to give time for her to gain a better
understanding of the proposed ordinance and its impact.
Leesburg Planning Commission
September 7, 2017 Minutes
Commissioner Kidder commented that she was prepared to vote at this meeting as this was
simply reinstating long standing regulation.
Chairman Welsh Chamblin commented that while she did think that there were some ways to
change or enhance the sign ordinance, that this should be discussed at another time. She did
think that approving this specific application to reinstate regulation that was inadvertently
omitted was important and should be done expeditiously.
Chairman Welsh Chamblin called for the motion.
Commissioner Kidder moved that Zoning Ordinance Amendment TLOA-2017-0008,
Restoration of Wall -Mounted Sign Height Regulations be forwarded to Town Council with a
recommendation of approval, on the basis that the amendments further the objectives of the
Town Plan and that the proposal would serve the public necessity, convenience, general welfare
and good zoning practice.
Commissioner Barnes seconded the motion and the motion carried by a 6-1 vote (Babbin - Nay).
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING'
None
COMPREHENSIVE PLANNING
None
SRTC REPORT
Commissioner Robinson noted that she did not attend the last SRTC meeting. She will be
attending the September 11 t" meeting and will report at the next meeting.
STAFF AND COMMITTEE REPORTS
Plaza Street Discussion
Susan Berry -Hill, Director, Department of Planning and Zoning, explained that this was not
really a staff item as this was something that she had put together for Commissioner Kidder.
There had been discussion on July 6t" regarding the proposed sidewalk on Plaza Street and at that
time, the Planning Commission adopted the motion in your memo to recommend to the Town
Manager and Town Council to make every effort to design and construct a sidewalk on the west
side of Plaza Street to avoid the impact to existing trees on the west side of the street and to
consider all options available. On July 20t", the Planning Commission discussed this topic again
but also considered a mid -block crosswalk, installed by the police station, in lieu of a sidewalk
on the west side of Plaza Street. Ms. Berry -Hill informed the Commission that a crosswalk
already exists in that general location.
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September- 7, 2017 Minutes
Commissioner Kidder clarified that she was suggesting a crosswalk at the entrance to The Fields.
The existing crosswalk is not protected and there is no signage. She suggested that she could
attend the next Council meeting as a petitioner and make this suggestion.
Chairman Welsh Chamblin explained that they had 2 options. They could proceed with the
motion the Commission had already voted on and let the crosswalk portion be something that
Commissioner Kidder brings forward on her own as a petitioner or they could have a discussion
about the crosswalk and add that to the motion they've already voted on.
After further discussion it was determined that Commissioner Kidder would attend the next
Council meeting as a petitioner and present the Commission's approved motion as well as her
suggestion for a mid -block crosswalk at the entrance to The Fields.
OLD BUSINESS
None
NEW BUSINESS
Commissioner Kidder wished to bring to the attention of the other commissioners the fact that
Houston Texas is the only city in the country that did not have zoning regulations for many years
and that the flooding they are experiencing is a direct result of that fact as there were never any
controls over drainage.
Commissioner Robinson asked that the Brickyard public hearing scheduled for July 20t" be
removed from the calendar as the applicant had postponed that hearing.
Ms. Berry Hill agreed to remove the public hearing on July 20"' and informed the Commission
that Brickyard will likely be going forward on October 5t".
The Meeting was adjourned at 7:5 Bpm
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n Cicalese, Commission Clerk
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Chamblin, Chair