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HomeMy Public PortalAbout10 19 17 PC MinutesLr•Rs 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 Leesburg Planning Commission 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. 2 Leesburg Planning Commission 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. 3 Leesburg Planning Commission October 1.9, 2017 Minutes 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. 2 Leesburg Planning Commission October 19, 2017 Minutes 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. Leesburg Planning Commission 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. Leesburg Planning Commission 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 rA Leesburg Planning Commission October 19, 2017 Minutes 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) Leesburg Planning Commission 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 A Leesburg Planning Commission October 19, 2017 Minutes 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. 10 Leesburg Planning Commission October 19, 2017 Minutes 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 11 Leesburg Planning Commission October 19, 2017 Minutes 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. 12 Leesburg Planning Commission October 19, 2017 Minutes 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. 13 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. 14 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 15