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The Town of Gees6urg in Virginia
Leesburg Planning Commission
Meeting Minutes
October 19, 2017
The Leesburg Planning Commission met on Thursday, October 19, 2017 in the Town Council
Chamber, 25 West Market Street, Leesburg, VA 20176. Staff members present included Susan
Berry -Hill, Brian Boucher, Scott Parker, Chris Murphy, Irish Grandfield, Bill Ackman, Dennis
Darnes, Shelby Caputo, and Karen Cicalese,
CALL TO ORDER
The meeting was called to order at 7:02pm by Chairman Welsh Chamblin
PLEDGE OF ALLEGIANCE AND ROLL CALL
Members Present: Chairman Welsh Chamblin, Commissioners Babbin, Barnes, Kidder,
Lanham, and Walker
Absent: Commissioner Robinson
ADOPTION OF AGENDA
Motion: Commissioner Babbin
Second: Commissioner Walker
Vote: 6-0-1
APPROVAL OF MINUTES
September 7, 2017
Commissioner Barnes noted a correction on Page 7 changing the vote outcome to 6-0-1.
Motion: Commissioner Kidder moved to approve the minutes as corrected.
Second: Commissioner Lanham
Vote: 6-0-1
DISCLOSURE OF MEETINGS
Commissioner Babbin disclosed a brief conversation with Christine Gleckner, Walsh Colucci,
immediately prior to this meeting.
CHAIRMAN'S STATEMENT
Chairman Welsh Chamblin stated that she was looking forward to a full agenda meeting and
thanked the members of the public in attendance.
PETITIONERS
None
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October 19, 2017 Minutes
PUBLIC HEARING
TLZM-2012-0004 Brickyard Public Hearing, Irish Grandfield, Sr. Planner
Chairman Welsh Chamblin opened the public hearing at 7:03pm and invited Mr. Grandfield to
make staff's presentation.
Mr. Grandfield explained that this application is a request to rezone 8.07 acres of vacant property
in the Crescent Design District located between Catoctin Circle and Plaza Street north of
Leesburg Plaza Shopping Center to PRN (Planned Residential Neighborhood) to allow
development of 59 townhouse, 20 of which have first floor employment space. There is a wide
variety of surrounding uses including office to the west, retail to the southwest, public safety
facilities to the east, as well as single family detached to the north and multi -family to the
northeast, This variety of uses poses a challenge in developing and designing a use that provides
appropriate infill development and transitions.
Mr. Grandfield discussed the Concept Plan noting that there is an entrance from Catoctin Circle
and there will be an entrance from Plaza Street. An existing travel way from Plaza Street
approaches this property and will be completed with a cul-de-sac. All the streets internal to this
development will be private travel ways and parking courts. Mr. Grandfield discussed the
location of the live/work units which will be 3 story townhouses and surround a community
green. The first floor will be work spaces and the front of the buildings will have a commercial
look. The plan includes an open play area, a tot lot, picnic area, proposed parking on street and
behind some of the units to the northeast, and tree preservation areas. A stormwater
management area exists in the northwest corner and there is the potential for additional areas
such as pervious pavement used in the driveways.
The Crescent Design District calls for this area to be Mixed Use Residential in the Town Plan
and the proposed combination of residential townhouses and live/work units can be considered to
be consistent with the Town Plan designation.
Mr. Grandfield discussed the following elements:
• Land Use and Site Design
The land use seems reasonable given the wide range of surrounding uses and the site
design works overall providing a compliment of uses and amenities.
Land Acquisition and stormwater issues remain. In order to construct the cul-de-sac the
applicant will need to use some of the adjacent land, owned by Federal Realty. The
applicant has been in negotiations with Federal Realty and they are making great progress
on acquiring the rights for that land acquisition.
• Building Design
The applicant has proffered neo -traditional building design standards and the townhouses
are rear -loaded.
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October 19, 2017 Minutes
• Open Space and Recreation
There is a requirement of 25% of open space and recreation areas and 40% has been
provided. Amenities include .30 acre community green in the center of the site, .50 acre
active play area in the southwest corner of the site, .20 acre picnic area in the northeast
corner of the site, .40 acre play area (including a tot lot) in the northeastern corner of the
site, and 2 outdoor plazas totaling .37 acres.
• Landscaping
There are 7 modification requests:
1. Buffer yards to south and southeast have been reduced and there is opaque
fencing and solid masonry wall to screen the townhouse units from the shopping
center and staff believes that the combination of vegetation and screening is
acceptable.
2. Buffer adjacent to Plaza Drive - Due to a number of drainage easements which
prohibit the planting of vegetation, staff believes this to be a reasonable request.
3. Deck setback reduced on the work/live units which staff feels is acceptable given
that this location is in the Crescent Design District and more of an urban form is
expected
4. Minimum lot size to 1,100 square feet instead of the required 1,600 square feet —
Staff feels that this is acceptable as a more urban nature is expected in the
Crescent Design District
5. Onsite Public Recreation - Instead of the park land required by the Zoning
Ordinance, they are proffering to give $1,000 per unit towards park land facilities.
This is consistent with other planned residential developments and staff feels this
is acceptable.
6. HVAC setbacks to 0 feet — Staff is opposed to this request as it limits the ability
to adequately screen the units.
7. Fence heights to 8 feet — Staff finds this acceptable, and it was requested by the
single family detached land owners on Edwards Ferry Road.
Traffic and Parking
Generates less than 36 AM peak trips and 42 PM peak trips (these numbers were based
on 64 units rather than the proposed 59.
Less than 436 daily trips
With the exception of west bound Edwards Ferry Road at Catoctin Circle, the level of
service remains a "B" or better on other roads.
Parking: There are 148 spaces required and 194 spaces are provided in a combination of
residence garages, driveways, on -street parking and common lot.
• Stormwater Management
Currently all runoff from the site flows west and the proposed runoff conditions direct
some runoff southeast to pipes not sized for additional water. The applicant has proposed
another plan that would take all the runoff to the west side. Staff believes this issue can
be resolved at site plan.
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Proffers
There are 10 categories of proffers and staff .finds the proffers acceptable to offset
development impacts. The HOA covenants and restrictions on the live/work units
prohibit the transitioning to living space areas. The applicant is proffering the schools,
off-site transportation, parks and recreation, and fire and rescue contributions.
Mr. Grandfield discussed the rezoning approval criteria, planned development considerations and
approval criteria noting that staff had determined that the rezoning application was in general
conformance with the Town Plan; the approval criteria of TLZO Section 3.3.15 and TLZO
Section 8.2.2.F have been satisfied; and the proffers meet the guidelines for contributions to
schools and offsite transportation. Mr. Grandfield concluded his presentation with staff's
recommendation of approval however, should the Planning Commission wish to discuss
anything in more detail they had the option of deferring this application to a work session.
Chairman Welsh Chamblin called for clarifying questions from the Planning Commission
members,
Commissioner Lanham asked if the Planning Commission voted on the modifications. Mr.
Grandfield answered that it was something the Commission should make a recommendation on.
Council has the authority to approve the modifications. The modifications are listed on pages
14-26 of the October 19, 2017 staff report.
Commissioner Lanham asked if the land acquisition, stormwater management, and easement
dedication issues were handled at site plan. Mr. Grandfield explained that they were and the
applicant takes a risk when getting a rezoning approved without knowing if those issues can be
resolved. If not, the concept plan would need to be amended to redesign the site. This was a risk
the applicant was prepared to take.
Commissioner Kidder asked for clarification regarding the exit toward Plaza Street and potential
easement issue. Mr. Grandfield responded that the exit has been found acceptable and meets the
standards for distance and separation. He was unaware of an easement issue related to the
proposed exit.
Commissioner Kidder asked for clarification on the work/live unit restriction on traffic
generation and the number of clients that can be seen simultaneously. Mr. Grandfield explained
that the home occupation standards limit the amount of employees allowed and how many cars
can be parked. Brian Boucher, Deputy Director, Department of Planning and Zoning, clarified
that a home occupation permit allows limited commercial traffic in a residential neighborhood.
A live/work unit is more expansive and would allow a business on the ground floor that would
not limit the amount of clients. This is very similar to what is in downtown Leesburg with a
commercial entity on the ground floor- and residential above. What they are limited to is in the
proffers and deals with restriction on the area that can be used for the work portion of the unit.
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Commissioner Kidder asked if ample parking was proposed. Mr. Grandfield answered that the
applicant has proposed an additional 67 parking spaces above the required amount provided.
Chairman Welsh Chamblin called for additional clarifying questions. Seeing none, she invited
the applicant to make their presentation.
Christine Gleckner, Land Use Planner, Walsh Colucci, came forward as the representative for the
applicant. She noted, for the record, that the required notices were sent, the property was posted
and the affidavit had been submitted. Brad Durga, the applicant, was in attendance and would be
making the concluding remarks of their presentation. In addition, representatives from Bowman
Consulting were available to answer any questions. Ms. Gleckner discussed fence details
including the 3 sided fence that would screen the HVAC units. The rear load live/work units do
not have enough yard space in the back to allow the placement of the units away from the
property line and all the rear load units face alleyways. Ms. Gleckner explained that she had
contacted the Planning Commission members last summer when they didn't go to the July public
hearing and had the opportunity to meet with a few members. Some members did not like the
elevations presented in the design guidelines and the applicant has developed some alternative
elevations which she will hand out to the Commission for their comments and review. Ms.
Gleckner noted that they were hoping that, depending upon public comment, the Commission
would take action at this meeting. She then turned over the presentation to Mr. Durga for
concluding remarks.
Mr. Durga noted that he wished to address concerns expressed by the Commission. He noted
that he has been working closely with Federal Realty over the past couple of months and they are
in the process of finalizing some transition details and additional landscaping. He felt fairly
confident that he could get the acquisition agreement finalized and in writing before the Town
Council public hearing. The live/work units are relatively small and are not set up to handle
multiple offices so he did not feel that client parking would be a problem. The units are designed
without full baths on the ground level. Mr. Durga explained that they were reluctant to move the
HVAC units as they are located behind the units in less public travel ways. Additionally, the
units are 22' and 24' wide and there is a lot more room in the back to place the HVAC units and
screen them. The only other placement alternatives would be to locate the unit on the back deck
or the roof which were not practical. With respect to elevations, he likes the original elevations,
however he was agreeable to change to the alternative elevations should the Planning
Commission recommend doing so. Mr. Durga explained that they had their neighborhood
meeting about 2 years ago and he has also dealt with some of the owners directly adjacent to the
site over the last year. He noted the neighbors attending the meeting and stated that he was open
to listening to their concerns and would be willing to meet with them to discuss.
Chairman Welsh Chamblin called for clarifying questions from the Commission members.
Chairman Welsh Chamblin wished to clarify the critical action date as the staff report stated
January 28, 2017. Mr. Grandfield clarified that it was January 28, 2018 and would make the
correction to the staff report.
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October 19, 2017 Minutes
Chairman Welsh Chamblin called for additional clarifying questions. Seeing none, she called for
public comment.
Mary Ball Bohnaker, 507 Edwards Ferry Road NE, Leesburg, VA 20176, came forward and
expressed concern over the number of changes proposed and the lack of notification of the
changes.
James P. Bohnaker, 507 Edwards Ferry Road NE, Leesburg, VA 20176 came forward and
expressed concerns regarding the HVAC units, noise generation, justification for modification
requests and lack of communication.
Chris Anderson, 505 Edwards Ferry Road NE, Leesburg, VA 20176 came forward and expressed
concerns regarding traffic generation, safety, density, requested modifications, and stormwater
management:
Chairman Welsh Chamblin called for additional public comment. Seeing none, she asked the
applicant if they wished to respond to the concerns expressed by the neighboring property
owners.
Mr. Durga apologized for the lack of communication as it was not done intentionally. The plans
have not changed for that portion of the site that is adjacent to the property owners. The HVAC
units have always been located in the same location and will not be on their fence line. He is not
concerned with stormwater management and he has spent a lot of time working with staff to
resolve issues. He feels that they have designed a good project.
Chairman Welsh Chamblin called for clarifying questions from the Commission members.
Seeing none, she closed the public hearing at 7;59 PM and solicited comments and discussion
from the Commission.
Commissioner Walker asked if any of the existing trees would remain or would it be all new
plantings. Mr. Grandfield answered that there are some trees along the property line that would
be preserved however, the interior of the site will be cleared.
Commissioner Babbin stated that she preferred the alternative elevations as she felt they were far
superior and more in keeping with the Town's historic downtown.
Commissioner Lanham asked what would happen if they didn't get the 0' setback modification
for the HVAC units and if it would affect parking. Mr. Grandfield answered that there would be
an impact to the design and may or may not effect parking.
Commissioner Lanham asked if the Town had granted similar modifications. Mr. Grandfield
responded that they had at Crescent Place and PMW Farms.
Commissioner Kidder noted that she would like to discuss this application further to fully
address the neighbor's concerns.
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October 19, 2017 Minutes
Commissioner Barnes noted that he was not prepared to vote on this application until the land
acquisition from Federal Realty needed to construct the cul-de-sac was finalized. He asked if it
were possible to see what was submitted in July in order to compare the 2 plans. Mr. Grandfield
answered that he could get that information to the Commission.
Commissioner Barnes noted the prior application had the Town purchasing the road segment
needed to construct the Plaza Street entrance and expressed concern over who would be paying
for that road section and the cul-de-sac location. Mr. Grandfield explained that the application
previously had a proffer that suggested that the Town might be involved in the purchase of that
road segment. That has changed and the Town will not be involved in the purchase. The
applicant has proffered to acquire that land on their own. The cul-de-sac location remains the
same. The applicant needs a small parcel from Federal Realty to construct the cul-de-sac and the
applicant felt confident that he would be successful in acquiring that property. Mr. Grandfield
stated that he understood that Commissioner Barnes wanted the commitment from Federal
Realty before the application left the Planning Commission however, he assured the Commission
that there would be no opportunity for this development to be built without that road there.
There will never be just a single entrance onto Catoctin Circle. The proffers and plan don't
allow it.
Commissioner Babbin proposed that the Commission vote on the application at this meeting as
she felt the package was complete and the 2 outstanding items were outside of the Planning
Commission's purview. Stormwater management is appropriately reviewed at site plan and if
the applicant is unsuccessful in obtaining the land needed to construct the cul-de-sac, the
development can't be built. It was her opinion that delaying action, when there was nothing
productive that the Planning Commission could do, was a waste of both time and money for the
applicant and the Town. This is a prime location for people who want to live and work in
walking distance from historic downtown and an excellent use of the land. The location of the
HVAC units will not impact residents on Edwards Ferry Road and will be located in alley ways
and screened so she did not see this as an issue.
Commissioner Kidder stated that she felt the details give livability. Planning is to ensure that the
things being approved and built will have a positive impact on the Town, residences and people
that will be moving into this development. She was in support of deferring this application to a
work session to gain a better understanding of the impacts and to address the concerns expressed
by the public earlier.
Chairman Welsh Chamblin asked if the on -street parking would affect 2 way travel. Mr.
Grandfield answered that they were designed as 2 way travel lanes plus the on -street parking.
Commissioner Welsh Chamblin asked if it would be possible to amend the modification request
to state that the HVAC set back is waived for the rear of the units only. Mr. Grandfield
answered that the applicant would need to make that change as they are the ones that requested
the modification. Mr. Durga replied that he would be agreeable to amending the modification.
Commissioner Babbin asked how to deal with the HVAC setback modification in their motion.
Mr. Grandfield answered that she would need to mention the approval of modifications in their
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motion. The proposed layout can't be accomplished without recommending approval of the
HVAC setback.
Chairman Welsh Chamblin polled the commission members to determine if they would like to
take action on this application or defer to work session.
Commissioners Babbin, Walker and Lanham were in favor of taking action.
Commissioner's Kidder and Barnes were in favor of deferring to a work session.
Chairman Welsh Chamblin asked when this was slated to go to Town Council should the
Commission take action tonight. Susan Berry -Hill, Director, Department of Planning and
Zoning, responded that they had anticipated it going to Town Council on November 18t". It
could come to the Planning Commission's November 2" d meeting and still make the November
18t" Town Council public hearing. Mr. Grandfield explained that the applicant had indicated
their preference to go forward in December to ensure that they had the agreement from Federal
Realty.
Chairman Welsh Chamblin asked the applicant if he would be willing to come to the next work
session on November 2"a. Mr. Durga answered that they have worked through the details with
staff at length. There is a public roadway that they can tie into to construct the Plaza Street
entrance, they've demonstrated how they will handle the HVAC units, and the details that the
neighbors were concerned about were his fault for not reaching out and addressing their concerns
regarding the changes. He has not changed anything in the last 2 years that is located anywhere
near their properties. He stated a strong preference to move forward.
Chairman Welsh Chamblin asked when he thought he would have the Federal Realty easement
issue resolved. Mr. Durga felt it would be done before the Town Council public hearing in
December.
Commissioner Babbin moved that Rezoning TLZM-2012-0004 to rezone 8.07 acres from CD-
MUR and R-6 to PRN be forwarded to the Town Council with a recommendation of approval on
the basis that the rezoning meets the Approval Criteria of TLZO Sections 3.3.15 and 8.2.2.17 and
will serve the public necessity, convenience, general welfare and good zoning practice with the
following provisos:
1. The 7 modifications listed in the staff report be forwarded with a recommendation of
approval.
2. The alternative front elevations presented to the Commission, at the meeting tonight, be
incorporated into the design of this project.
Commissioner Lanham seconded the motion.
Chairman Welsh Chamblin called for discussion on the motion. Seeing none, she called for the
vote.
Vote: 3-3-1 (Aye — Walker, Babbin and Lanham, Nay — Barnes, Kidder and Welsh Chamblin,
Absent — Robinson)
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October 19, 2017 Minutes
Shelby Caputo, Deputy Town Attorney, informed the Commission that the motion failed and
explained that the Planning Commission follows "Robert's Rules" which says that when there is
a tie vote the vote fails. She advised the Commission to keep voting in the event that someone
will change his/her mind or since there is currently no vote on the table they can vote on some
other action.
Commissioner Babbin repeated the same motion for approval.
Commissioner Walker seconded the motion.
Chairman Welsh Chamblin called for discussion on the motion.
Chairman Welsh Chamblin stated that she had reservations that the concerns expressed by the
neighboring property owners were not fully resolved prior to this public hearing.
Commissioner Babbin commented that she felt that the applicant had addressed those concerns,
i.e. HVAC issues and modifications justifications. She noted that should the neighbors still have
concerns they will have the opportunity to voice those concerns at the Town Council public
hearing in December.
Chairman Welsh Chamblin noted that the traffic issue was still unresolved.
Commissioner Babbin responded that it was her understanding that 3 of the roadways leading to
the Catoctin Circle/Edwards Ferry Road intersection would still operate at a "B" level of service.
It was only traffic traveling west on Edwards Ferry Road that was a problem and this was a pre-
existing traffic problem and will not be impacted, positively or negatively, by this development
as there is no entrance off of Edwards Ferry Road. She asked Mr. Grandfield if he concurred.
Mr. Grandfield responded that he would agree with her re -statement with one caveat, that he
can't say that it will have no impact on the west bound traffic.
Commissioner Barnes noted that he would still like to see a more current traffic study.
After further discussion, Chairman Welsh Chamblin called for the vote.
The motion carried with a vote of 4-2-1 (NAY- Kidder and Barnes, Absent — Robinson)
Chairman Welsh Chamblin stated that she strongly encouraged the applicant to work with the
public before the Town Council meeting.
TLTA-2016-0003 Greenway Extension Public Hearing, Scott Parker, Sr. Planning Project
Manager
Chairman Welsh Chamblin opened the public hearing at 8:43 PM.
Mr. Parker explained that this was a Town Plan Amendment initiated by Town Council on
August 9, 2016 to amend the Town Plan Roadway Network Policy Map to remove a section of
roadway referred to alternately as the Dulles Greenway Extension or the Harrison Street
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Connector. The intent of this roadway is to provide a connection from the Dulles Greenway
ramp at the Route 7 bypass (its terminus) to Harrison Street/Catoctin Circle. In March of 2017,
Town Council authorized a supplemental budget appropriation to fund a transportation study by
a consultant to study the impacts of removing this segment of roadway from the Town Plan. The
firm of ATCS, PLC was hired to perform a transportation and traffic study on this project and
Warren Hughes, of ATCS, PLC, the consultant, was also at the meeting tonight.
Mr. Parker discussed staff's analysis noting that no alignment has been established; no right-of-
way has been acquired or dedicated, although a portion of the right-of-way has been reserved
through the Crescent Parke development; the roadway and connection points have not been
studied; the environmental impact on the floodplain of Tuscarora Creek and Town Branch has
not been analyzed; there is a significant grade differential between the Greenway and its ultimate
terminus at Harrison Street/Catoctin Circle, as well as bridging of the floodplain, will create an
extremely expensive roadway, and the funding for such a roadway would be the responsibility of
the Town of Leesburg, unless other funding sources are identified and secured.
The consultant has found that the road segment can be removed based on trips being dispersed in
the study area; impacts of the construction of this road segment would be avoided. The Study
shows that the removal of the Greenway Extension would:
• Not produce an increase in congestion in the study area network
• Result in a more consistent traffic operation
• Remove a potentially unsafe highway transition area that would allow drivers to travel
from a 65 mph freeway onto a 25 mph local street in a short distance
• Improve traffic operations at intersections by more efficiently distributing traffic at key
intersections
• Reduce conflicts between pedestrians/bicyclists and vehicles at the crossing of the
W&OD trail and Catoctin Circle
Additionally, VDOT and the Town Transportation Engineer agree with the conclusion of the
study.
Mr. Parker discussed staff findings as follows:
• The provided materials adequately address the Zoning Ordinance criteria to justify the
Town Plan Amendment as proposed.
• The proposal furthers Town Plan Natural Resources Polices by eliminating the potential
construction impacts of this roadway segment and mitigating the trips by other means.
• The proposal furthers Transportation Element Policies that seek to provide an efficient
transportation system that provides necessary road infrastructure and which avoids
unnecessary improvements.
• The impact on existing and future residential development is unacceptable given the
negligible trip mitigation.
• The potential expense of this roadway for the trips it mitigates does not justify its
construction.
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Mr. Parker concluded with staff's recommendation of approval.
Chairman Welsh Chamblin called for clarifying questions. Seeing none, she called for public
comment.
Sarah Richardson, Secretary and Treasurer of Virginia Knolls HOA, 349 Shenandoah Street, SE,
Leesburg, VA 20175 came forward in support of staff's recommendation. She expressed
concern that this area remain in its existing state and asked if language could be added to
encourage Mr. Mitchell to fulfill his commitment to keep as much existing forest and vegetation
as possible.
Chairman Welsh Chamblin explained that this Town Plan Amendment could not address this
issue. She encouraged Ms. Richardson to come to either a Planning Commission or Town
Council meeting and speak during the Petitioner's section.
Chairman Welsh Chamblin called for additional clarifying questions. Seeing none, she closed
the public hearing at 8:58 PM and solicited comments and discussion from the Planning
Commission members.
Commissioner Barnes asked who owned this land. Mr. Parker answered that is privately owned
and will be maintained by the Crescent Parke HOA as preserved open space.
Commissioner Lanham asked if there would still be a 90' reservation. Mr. Parker answered that
the reservation for a roadway would be eliminated and it would remain as a vegetated buffer.
Chairman Welsh Chamblin called for additional discussion. Seeing none, she called for a
motion.
Commissioner Babbin moved that Town Plan Amendment TLTA-2016-0003 to revise the Town
Plan Roadway Network Policy Map to remove the Dulles Greenway Extension (Harrison Street
Connector), be forwarded to the Town Council with a recommendation of approval on the basis
that the amendment meets the Approval Criteria of TLZO Section 3.16 and will serve the public
necessity, convenience, general welfare and good planning practice based on the findings as
provided in the October 19, 2017 Planning Commission Staff Report.
Commissioner Lanham seconded the motion.
Chairman Welsh Chamblin called for discussion on the motion. Seeing none, she called for the
vote.
The motion carried by a vote of 6-0-1 (Robinson absent).
TLOA-2017-0003 Food Truck Public Hearing, Chris Murphy, Zoning Administrator
Chairman Welsh Chamblin open the public hearing at 9:02 PM
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Mr. Murphy explained that this was a Zoning Ordinance Text Amendment to permit Mobile
Food Units (i.e. food trucks/carts) in public rights-of-way within the I-1 Industrial/Research Park
and PEC — Planned Employment Zoning Center Zoning Districts, and on private property within
Commercial, Industrial and Planned Development Districts as a temporary use.
Mr. Murphy gave a background on current regulations which include:
• Town Code Chapter 20, Peddler's License: The permitting mechanism that allows ice
cream trucks. Continuously moving and not "parked".
• Town Code Chapter 32: Merchandise cannot be sold from vehicles parked in the public
right-of-way.
• Zoning Ordinance Articles 6, 7, 8, and 9: Mobile food units are not listed as a
permissible use anywhere in Town.
• Zoning Ordinance Article 9, Temporary Uses and Business Special Events: Mobile food
units have been permitted under the umbrella of a particular temporary use or special
event. (i.e. Flower & Garden Show, Fourth of July Celebration, Farmers Market, Grand
Openings, etc.)
Mr. Murphy explained that on May 23, 2017 Town Council adopted Resolution No. 2017-087
initiating amendments to permit mobile food units on public right-of-ways within the PEC and I-
1 Districts. On September 12, 2017 Town council adopted Resolution No. 2017-128 expanding
the amendment to permit mobile food units on private property within commercial, industrial,
and planned development zoning districts.
Mr. Murphy looked to other jurisdictions, which included City of Alexandria, Loudoun County,
Fairfax County, Arlington County, and Prince William County, noting that they all permit food
trucks in some way, shape or form and have regulations pertaining there to. The regulations
being proposed have been borrowed most from the City of Alexandria and create definitions for
Food Pushcart, Food Trailer, Food Truck and Mobile Food Unit, establish the use within the
zoning districts, and create standards specific to mobile food units on public streets in the I-1 and
PEC districts.
Mr. Murphy concluded with staff's recommendation of approval of the amendments to the
Zoning Ordinance as proposed in the October 19, 2017 staff report. He noted that appropriate
Town Code amendments associated with permitting mobile food units will be brought to the
Town Council by the Town Attorney with these Zoning Ordinance amendments.
Chairman Welsh Chamblin called for clarifying questions.
Commissioner Walker asked about provisions for trash maintenance. Mr. Murphy answered that
the use section states that they have to maintain trash and clean it up. Failure to do so can result
in permit revocation.
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Commissioner Babbin asked if the hours of operation applied to all food mobile units regardless
of location. Mr. Murphy responded that the hours of operation only applied to mobile food units
parked on public streets, there is no restriction on hours for units parked on private property.
Commissioner Babbin asked for clarification of the signage requirements. Mr. Murphy noted
that there are additional use regulations that go along with Article 15. The actual provisions go
into off -premises signage.
Commissioner Babbin expressed concern regarding the impact on brick and mortar
establishments and asked if there were provisions preventing mobile food units from parking on
a private lot next to established restaurants. Mr. Murphy replied that there was not.
Commissioner Lanham asked if all commercial properties were considered private property. Mr.
Murphy responded that they were unless they were owned by the Town
Commissioner Barnes asked if the mobile food units would need to display a Health Department
permit visible to the customers. Mr. Murphy responded that this is a Health Department
requirement and they mandate where the permit needs to be posted.
Chairman Welsh Chamblin called for additional clarifying questions or public comment. Seeing
none she closed the public hearing at 9:22 PM and solicited comments and discussion form the
Commission members.
Commission Babbin noted her support of the proposed amendment but would like to see
something added to ensure that brick and mortar restaurants are protected such as distance
limitations from restaurants. Mr. Murphy responded that he would take this under advisement
and consult with the Town Attorney.
Chairman Welsh Chamblin called for additional discussion. Seeing none, she called for a
motion.
Commissioner Kidder moved that Zoning Ordinance Amendment TLOA-2017-0007 Mobile
Food Units be forwarded to the 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.
Chairman Welsh Chamblin called for discussion on the motion.
Commissioner Babbin noted her support of the amendments, however she requested that the
minutes reflect her concerns regarding the downtown and encouraged staff to address these
concerns prior to going before the Town Council.
Chairman Welsh Chamblin called for additional discussion on the motion. Seeing none, she
called for the vote.
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Leesburg Planning Commission
October 19, 2017 Minutes
The motion carried by a vote of 6-0-1 (Robinson absent).
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
None
COMPREHENSIVE PLANNING
None
SRTC REPORT
None
STAFF AND COMMITTEE REPORTS
Commissioner Babbin gave a brief update on the Economic Development Steering Committee
noting they had their last deliberative session on Wednesday evening. They are taking a 2 week
recess and will re -group November 1St to edit their report which goes to Council on November
13t",
Chairman Welsh Chamblin noted that she attended the Town Council/Chair Round Table
Discussion. The Boards and Commission Chairs were asked about quorum issues, number of
meetings needed and compensation. Additionally they were asked what Town Council can do
for the Boards and Commissions to which she responded direction on how to better serve the
Council, They will be a having additional meetings regarding the structure of Boards and
Commissions.
OLD BUSINESS
Commissioner Kidder noted that she went before Council to discuss the sidewalk situation on
Plaza Street. Prior to the meting she spoke with Renee LaFollette, Director, Public Works and
Capital Projects, regarding her suggestions and Ms. LaFollette felt it was a great solution.
Commissioner Kidder shared Ms. LaFollette's comments with Council
NEW BUSINESS
Ms. Berry -Hill asked the Commission if they wanted to hold their second meeting in December
scheduled for December 21St. It was determined to cancel the December 21St meeting.
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Leesburg Planning Commission
October 19, 2017 Minutes
The Meeting was adjourned at 9:38pm
Ap roved by•
K ren Cicalese, Commission Clerk
4 rndsay Ws Chamblin, Chair
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