HomeMy Public PortalAbout02 01 18 PC MinutesThe Town of Leesburg in Virginia
Leesburg Planning Commission
Meeting Minutes
February 1, 2018
The Leesburg Planning Commission met on Thursday, February 1, 2018 in Town Hall Council
Chambers, 25 West Market Street, Leesburg, VA 20176. Staff members present included Susan
Berry -Hill, Rich Klusek, Renee LaFollette, Tom Brandon, Jason Cournoyer, Shelby Caputo, and
Karen Cicalese.
CALL TO ORDER
The meeting was called to order at 7:01 pm by Vice Chair Robinson who stated that a quorum
was present and noted that Commissioners Babbin, Kidder and Walker were absent..
Members Present: Vice Chair Robinson, Commissioners Barnes, Faliskie and Lanham
Absent: Commissioners Babbin, Kidder, and Walker
ADOPTION OF AGENDA
Motion: Commissioner Lanham
Second: Commissioner Barnes
Vote: 4-0-3
Susan Berry -Hill, Director, Planning and Zoning suggested that the Commission consider
moving the CIP presentation ahead of the Tents and Shade Structures Work Session.
Commissioner Lanham moved to amend the agenda to move the CIP presentation ahead of the
Tents and Shade Structures Work Session.
Commissioner Barnes seconded the motion.
Vote: 4-0-3
APPROVAL OF MINUTES
January 18, 2018
Motion: Commissioner Barnes
Second: Commissioner Lanham
Vote: 4-0-3
Vice Chair Robinson requested that staff include a copy of these minutes with the Meadowbrook
packet information as they are so detailed and would provide a great review.
DISCLOSURE OF MEETINGS
None
CHAIRMAN'S STATEMENT
Recognition and Appreciation for Lyndsay Welsh Chamblin
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Vice Chair Robinson noted that the Commission had just concluded a small reception in honor of
Lyndsay Welsh Chamblin as she was retiring from the Planning Commission. She presented Ms.
Welsh Chamblin with a framed photo of Town Hall and read the following:
"This expression is in appreciation for your 3 V2 years of service to The Town of Leesburg
Planning Commission from April 22, 2014 to December 31, 2017 your leadership and guidance
is recognized and appreciated by your colleagues, staff, and Town Council as well as the citizens
of Leesburg. Presented this 1 st day of February, 2018."
PETITIONERS
None
PUBLIC HEARING
None
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
Tents and Shade Structures — Work Session — Mike Watkins, Assistant Zoning
Administrator, Planning and Zoning
Mr. Watkins explained that this was a continued discussion of a Zoning Ordinance Text
Amendment first discussed in November. Town Council initiated this Zoning Ordinance
amendment for tents and shade structures due to requests from a number of Downtown business
owners. The three features requested are tents, shade structures, and weather enclosures. The
Planning Commission had asked staff to go to the BAR to solicit input regarding potential design
guidelines. The BAR came to the resolution that, given the narrative of the different types of
structures proposed, that we solely focus on tents which is not what is in Council's initiation.
The Commission also suggested administrative review of tents by staff and it was the BAR's
opinion that these structures, being in the H-1 and B-1 districts, should remain under their
purview. Lastly, the seasonal weather enclosure was brought forward to staff by a Downtown
business owner and was primarily focused on protecting the entrance way or areas underneath
the existing structure.it was not proposed to be an addition to the building that would allow
additional seating. With the help of the Deputy Town Attorney and the Preservation Planner, a
definition for this type of structure has been developed and would be included in the ordinance.
Mr. Watkins explained that he was before the Commission this evening to summarize the
process thus far and to get direction from the Planning Commission to assist staff in writing the
ordinance. It was staff's opinion that the text amendment should include definitions for the
structure. The definition of tents would be revised, a new definition for shade structure would be
included, and seasonal weather enclosure would be defined. Additionally the text amendment
should clarify the duration of use. Staff is currently working with the Town Attorney's Office to
clarify whether the Zoning Ordinance can include design guidelines administered by staff or
whether the Old and Historic District Guidelines need to be modified and reviewed by the BAR
and then delegated to staff through an administrative review. Location will also need to be
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February 1, 2018 Minutes
addressed. The BAR noted that some properties may have a more prominent building facade
facing a side yard, or a corner lot, that may be greatly impacted than the front yard. Language
will need to be developed that addresses building orientation and its relationship to required
yards and public rights-of-way. Language must also be developed to address size and scale and
compatibility between the principal structure and the tent or shade structure.
Mr. Watkins noted that staff is in the process of writing the amendment and will incorporate
Planning Commission direction in the draft ordinance.
The Commission gave the following suggestions and direction:
Include language to address duration to ensure that an approved "shade structure" is not
converted to a "tent" in the winter months. They should be treated as 2 different structures.
BAR should review all permanent structures.
A step process for approvals which can contain 2 to 3 processes. It was felt that the BAR should
review the initial application for a temporary structure/enclosure and approve the size, location,
design, etc. however, secondary applications for repeated use should be administratively
approved by staff. This would allow the BAR to set guidelines for said temporary
structure/enclosure that staff would use in their evaluation. Additionally this would allow a
degree of flexibility to the applicant as they would not have to go before the BAR every year for
approval to erect the previously approved temporary structure.
Mr. Watkins noted that staff will consider the suggestions and direction given by the
Commission as they write the ordinance and will return March 1St for the Planning Commission
public hearing on this ordinance amendment.
COMPREHENSIVE PLANNING
FY 2019-2023 Capital Improvements Program- Presentation- Tom Brandon, Capital
Projects Manager, Department of Public Works and Capital Projects, and the Budget
Team
Mr. Brandon explained that a capital improvement is defined as a construction,
renovatioi-ddemolition, or acquisition project that has a value of more than $60,000 and a useful
life of at least 5 years. He gave an overview of the process to prepare the CIP noting that this was
the second year of the bi-annual budget and it was intended to have minimal changes. They have
spent the past year getting input from Town Departments, Town Council, Commissions, and the
public. The Department of Public Works and Capital Projects takes this input and prioritizes the
projects as they always have more requests than the Town can afford and/or manage. The
Department of Finance and Administrative Services conducts a financial analysis which includes
adjustment of project management costs. Lastly the Town Manger reviews the draft document
and determines what will move forward to the Planning Commission and Town Council.
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Town Council direction has limited what projects are included in the CIP as the projects are
required to have realistic scopes of work, identified funding sources, and realistic schedules. The
number of CIP projects has been greatly reduced from 150 projects in FY 2001 to 38 in FY 2011
and this is generally the number of projects included in the CIP.
Mr. Brandon discussed the relationship between the CIP and the Town Plan noting that the Town
Plan is the basis for long-term decisions and the CIP implements the Town Plan. He explained
that the Planning Commission's role in the CIP process is to determine if what has been
presented meets the Town Plan's development goals and priorities.
Mr. Brandon discussed the FY 2019 changes as follows:
Completed Projects - 6 projects have been, or will be, completed by the end of this fiscal year
and include the Chesapeake Bay TMDL Project, Battlefield Parkway (South King Street to
Dulles Greenway), Traffic Signal Replacement at South King Street and Clubhouse Drive,
Downtown Street Lights — Phase I, Airport Master Plan Update, and Customs General Aviation
Clearance Facility.
New Projects
• General Government — Police Station Expansion and Town Shop Expansion
• Streets — Edwards Ferry Road Sidewalk and Bus Shelters and Bus Routes Signs
• Storm Drainage — Liberty Street, SW Drainage Improvements
Budget Changes
Updated Project Cost Estimate
o Airport Maintenance/Storage Facility — Reduced estimate by $100,000
o Battlefield Parkway/Route 15 Bypass Interchange — Added estimated
development cost
New Funding
o East Market Street/Battlefield Parkway Interchange — Anticipated $25 million
additional NVTA funding
o Evergreen Mills Road Widening — Additional $2 million VDOT funding
o Airport North hangars — Anticipated $1.7 million additional FAA and DOAV
funding
Schedule Changes
o Downtown Streetlights — 6 month delay due to availability of fixtures and
required authorizations
o Davis Court Bridge Replacement — postponed 1 year for Crescent Parke
development
o East Market Street/Battlefield Parkway Interchange — Established schedule
(previously TBD)
o Traffic Signal Replacement (S. King Street and Clubhouse Drive — Corrected
schedule from last year's CIP
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o West Market Street Sidewalk Replacement (Ayr Street to Morven Park Road) — 9
month delay in start
o Market Street/King Street Intersection and Alley between 3 and 5 South King
Street — 9 month delay in obtaining land rights and relocating utilities
o Airport Self Service Fuel Facility — 1 year delay in reaching agreement with
airport fixed base operator
Future Projects Lists
o Moved to 6 -year CIP — Police Station Expansion, Town Shop Expansion and
Refurbishment, and Battlefield Parkway/Route 15 Bypass Interchange (combined
with existing CIP IIR Project)
o New "Priority Future Project" — Airport Remote Tower Control Room
o New "Potential Future Projects" — Town Hall Campus Improvements, Royal
Street Improvements (Liberty Street to Wirt Street), Old Waterford Road
Improvements (Fairview Street to Rust Library)
o Liberty Street Improvements (Loudoun Street to Liberty Street Parking Lot)
o Tuscarora Creek Stream Restoration (Downstream of Bypass to near Lawson
Road)
o Utilities Maintenance Equipment and Material Storage Building
Mr. Brandon outlined the process to adopt the CIP which began with this Draft CIP presentation
to the Planning Commission. The Planning Commission Public Hearing has been scheduled for
February 15tH at which time the Commission will review for consistency with the Town Plan and
make their recommendations to Town Council. The draft CIP will be presented to Town Council
by the Town Manager at their February 27tH meeting and the Planning Commission's
recommendations will be reviewed. The Town Council public hearing has been scheduled for
March 13tH at which point projects, budgets, and schedules may be adjusted. Lastly, the CIP will
be adopted as part of the budget process on April 10tH
Mr. Brandon ended staff's presentation with a request for questions and comments from the
Planning Commission.
Commissioner Barnes expressed concern regarding the time frame for the Police Station
expansion and felt that a new study should be done because the 2011 study was outdated. The
population and the needs of the Town have changed. Mr. Brandon agreed that a lot has changed
since the 2011 study and there is a need there today. The Town has a new Police Chief and his
Management staff, for the most part, has changed creating a little different philosophy at the than
existed previously. As the initial step for this project, staff would bring the architects in to
discuss what their needs are today. There are some limitations that affect the amount of
expansion on the site and the 2011 Study generally maximizes the site. It is staff's assumption
that those types of improvements are the types needed today. Commissioner Barnes asked that
both the Chief and Assistant Chief attend the public hearing on February 15tH to address this
issue.
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Commissioner Lanham asked staff if they preferred to receive Planning Commission questions
and feedback via email. Mr. Brandon responded that he would like to respond to any questions
the Commission had tonight in order to prepare for the public hearing.
Commissioner Lanham asked if the subdivision milling and paving program the Town does
every 1 to 2 years was in the CIP. Renee LaFollette, Director, Public Works and Capital Projects
responded that it was not. The milling and paving program is part of the operational budget
through the Streets Division of Public Works and they have just completed a pavement
management study which presented staff with a 5 year plan. Staff is reviewing the plan currently
and will be providing comments back to that company. Ms. LaFollette explained that they
usually request Revenue Sharing money to help cover the costs of the program however, this past
year they did not receive Revenue Sharing money and only received about $500,000 for the
milling and paving program. In order to keep up with the program, they should be funded at
about $1.4 million annually. Improvements are based on pavement conditions index ratings and
inspections.
Commissioner Lanham asked if the Edwards Ferry Sidewalk improvement and bus shelters
project had been scoped out. Mr. Brandon replied that is had been in terms of funding.
Commissioner Lanham asked if Evergreen Mills Road would be a 4 lane road. .Mr. Brandon
replied that it is currently under design as a 4 lane road from Battlefield Parkway to South King
Street.
Commissioner Lanham asked who paid for the streetlights and if they were the cobra head
design. Mr. Brandon answered that the Town pays for the lights and they were cobra heads.
Commissioner Lanham asked if there was an option to do the 14' pole streetlights spaced closer
together to create a different streetscape than exists with the cobra heads. Mr. Brandon
explained that this project is currently in early design and once they get further along in the
design they will be holding a public information meeting. He has met with the residents on
Evergreen Mills Road through their informal HOA several times and during the public
information meeting staff will be asking for suggestions regarding streetlight design. At this
point, staff would analyze the suggestions to determine if they would be within the budget.
Commissioner Lanham asked if VDOT could object to other styles of lights due to funding
issues. Mr. Brandon responded that VDOT would not. Ms. LaFollete further explained that it
comes down to lighting coverage for the roadway and associated cost. Mr. Brandon also noted
that the Town was switching to LED lights and that all future projects will be LED lights. Ms.
LaFollette added that Council's direction has been to start looking at green initiatives and energy
saving initiatives so one of the things staff has been tasked with is to determine a process for
changing out streetlights throughout Town. The return on investment for changing out lights to
LEDs has been 7 to 8 years and it needs to be under 5 years to be cost effective to make the
switch.
Commissioner Faliskie asked for clarification of the East Market Street/ Battlefield Parkway
Interchange. Mr. Brandon replied that it is a mid -grade separated interchange that will put
Battlefield Parkway over East Market Street. There will be a single point urban interchange at
this location very similar to what is being built at Belmont Ridge Road. The signalized
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February 1, 2018 Minutes
intersection at Cardinal Park Drive will be converted to a right-in/right-out only. The goal is to
eliminate all the signals on Route 7. VDOT is administering this project for the Town. A public
information meeting was held last May that was well attended and a separate meeting with the
Cardinal Park industrial development area was held later in the summer. In June, Town Council
endorsed the footprint and general design of this interchange. Since that time VDOT has moved
forward with preliminary plans on the project and the interchange justification report required to
move forward with funding. The project will have a public hearing in March, after which point,
VDOT will be able to finalize the required documents. Construction should begin the summer of
2019. The estimated cost of the project is $58 million and the Town currently has $33 million in
hand and has applied for additional funding from NVTA for the remaining $25millio. They have
also applied to VDOT under their revenue sharing funds for partial funding. Both funding
decisions should be made in June of 2018.
Commissioner Robinson asked when the General Obligation Bonds funds (GO Bonds) would be
available. Jason Cournoyer, Management and Budget Officer, explained that the Town has had
what the Town Manger refers to as a debt cliff. The Town is in the second year of a 5 year term
where we have accelerated debt service payment based on the way the Town restructured debt in
2011/2012. The reason why the Town can afford General Obligation Bonds, in the out years of
the CIP, is because it has exceeded revenue projections due to the heightened development and
everything going on in the Town, and more importantly, the debt service payments will start to
go down which allows the capacity to free up funds backed in with GO Bonds. These fiends will
be primarily used for the Police Department expansion and the Town Shop expansion. The
majority of the CIP is funded through NVTA because it is transportation based.
Commissioner Robinson asked for clarification of the expense associated the Tuscarora Trail
repair and maintenance. Mr. Brandon explained that it is a much more difficult construction
project in terms of accessibility as the trail gets closer to the W&OD Trail.
Commissioner Robinson referenced the Battlefield Parkway Trail across the Route 15 Bypass
project and expressed concern about the light being long enough to allow pedestrians to cross
safely. Mr. Brandon explained that there will be a mid -way stop in the median however, the
standards for the light are based on a certain rate of walking and it is a fairly slow rate of
walking.
Commissioner Robinson asked if the Traffic and Emergency Management Project was
completed. Mr. Brandon explained that it is not complete. The system has been installed
however, staff is still working out the issues with the system. Ms. LaFollette further clarified
that there are still 4 signals that do not have the new controllers installed.
Commissioner Robinson asked why the West Market Street Sidewalk Project had been moved
further back in the CIP. Mr. Brandon explained that when the schedule was set last year, staff
had determined that they would be able to get a consultant on board by July or August however,
they were not able to get a consultant until December and as a result they are several months
behind schedule on this project. Commissioner Robinson asked for a realistic expectation of
when this would be constructed. Mr. Brandon responded that it would be next year.
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Commissioner Robinson wished to confirm that it was last year that trees were removed from the
tree canopy and asked if they would be replacing the trees in the next 2 years. Mr. Brandon
confirmed that she was correct and it was not the intention to replace them in the next 2 years.
This project was initially set up to add trees on Battlefield Parkway and then it turned into a
Town -wide Tree Canopy Project at a certain amount however, the Town Urban Forester has had
difficulty finding appropriate places to plant trees and it was determined that it did not warrant
the expenditure and was removed from the CIP. Commissioner Robinson noted that the Town
will be looking at quite a bit of landscaping for its entrances. Mr. Brandon explained that
landscaping was different than trees. When the Town constructs capital projects the philosophy
is that there would be no net loss of tree canopy. There are many projects where it is not
possible to replace the trees that were removed, so funding is placed in the Tree Bank to make up
for what can't be replaced on the project. To have money released from the Tree Bank requires
Council Action on a case-by-case basis. The Parks and Recreation Department also has a budget
for trees.
Ms. LaFollette noted that Commissioner Kidder had sent a question to her about the Plaza Street
Sidewalk Project and a crosswalk. She had asked about including a mid -block crosswalk from
the main entrance from the Fields of Leesburg Apartments across Plaza Street. She explained
that staff has taken a preliminary look at this option and are unable to do so due to sight distance
requirements. The sidewalk along that particular side of Plaza Street is in the Potential Future
List and has not moved this forward as the sidewalk construction would either require removal of
the bike lane or the trees and neither option is favorable for a number of reasons. When staff
looked at the CDBG Grant application, Loudoun County was willing to go in on funding for the
sidewalk on Edwards Ferry Road to the Shenandoah Building and a bus shelter and additional
signage. This is the project that they have applied for funding for and have left the Plaza Street
Sidewalk Project on the Potential Future list. There are internal sidewalks in that development
that will allow for pedestrian access to the existing crosswalk.
Town Plan Update or Rewrite — Discussion — Susan Berry -Hill, Director, and Rich Klusek,
Senior Planner, Planning and Zoning
Mr. Klusek explained that on January 22, 2018 Town Council requested that the Planning
Commission provide feedback on the potential need for a comprehensive Town Plan update.
Staff will be reporting back to Town Council to present the Commission's feedback from
tonight's discussion. Town Council is considering updates to Chapter 9 — Transportation as a lot
of what is in the Transportation chapter has become dated over time. The transportation needs of
the Town are dependent upon other Town Plan components. The original Town Plan was drafted
in 2011 [actually 2005 and updated in 2011-12] and there are lot of things that have changed
since then. At the time of drafting, Battlefield Parkway was not complete between Edwards
Ferry Road and Fort Evans Road, Lowes did not exist and Crescent Place didn't exist. Things
are evolving very quickly within the Town as we continue to grow very rapidly. The feedback
requested from the Planning Commission will aid in determining what updates to the Town Plan
are still needed. Points to consider during this discussion are whether or not the overall vision of
the plan is still valid, if there are certain specific sections and policies that might need to change,
or are we at a point where the entire Town Plan needs to be updated which would require a
comprehensive rewrite.
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The Town Plan is comprised of many different sections which are all interwoven and one can't
be updated without potentially effecting another component. Chapter 9 will most likely be
updated, regardless of what feedback is given by the Commission, to address roadways.
Additionally, there are a lot of things going on in the Crescent District, a very unique component
of the Town Plan, and staff will be looking at this district in terms of zoning and this review will
be separate from the Town Plan itself.
Mr. Klusek informed the Commission that this presentation only offers a summary and detailed
policies are not discussed. The focus will be on big picture ideas. Mr. Klusek gave an overview
of the components of the Town Plan as follows:
Chapter 1 — Introduction
This chapter looks at the vision, the process by which the Town Plan was created, and how it
should be used.
Chapter 2 — Natural Resources
This Chapter looks at the green infrastructure policies, water resources, energy conservation
policies, and lighting.
Chapter 3 — Parks and Recreation
This chapter includes policies that speak to a Town wide park system, the need to acquire new
park land, greenway corridors and trail network, and expanding facilities to accommodate
growth.
Chapter 4 — Heritage Resources
This chapter deals with protecting historic character and identity, evaluating the H-1 boundary
and considering additions or deletions, and protecting the entrance corridors with zoning and
design policies.
Chapter 5 — Community Design
Polices in this chapter speak to enriching Leesburg's character, evaluating design in development
review, and design for multi -modal transportation.
Chapter 6 — Land Use
This is the largest and most complicated chapter of the Town Plan as there are a number of very
specific policies. There a number of areas of instability in Town and include Gateway District
which staff is in the process of developing an entire small area plan, Crescent District which has
very specific policies speaking to how this area can develop; Westpark, which is a major topic of
conversation within the Town presently and the area around Walmart and Edwards Ferry Road
and the Airport Area. The future vision for these areas may change or evolve overtime.
Chapter 7 — Housing
Polices in this chapter call for diverse housing stock to meet population projections, housing for
all income ranges, and creating mechanisms for workforce housing.
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February 1, 2018 Minutes
Chapter 8 — Economic Development
This chapter includes policies to build on the Town's strengths, provide a diversified economic
base, and encourage redevelopment and infill.
Chapter 9 — Transportation
Polices in this chapter call for safe, convenient, efficient transportation, mode choice, promote
pedestrian and bicycle activity, and roadway characteristics.
Chapter 10 - Community Facilities and Services
This chapter contains polices to ensure that development only occurs with adequate community
services and provides high quality services to residents.
Chapter 11 — Crescent District
This chapter contains policies to create redevelopment opportunities that extend the character of
the downtown.
Mr. Klusek suggested that the Commission spend a couple of minutes on each section to
determine whether this section is still valid and the overall vision still applies or if an overall
rewrite is needed.
Ms. Berry -Hill clarified that the Council is looking for a very general response from the
Commission. They are not looking for specific change recommendations. Should Council
initiate an update or rewrite to the Town Plan, there will be more detailed discussions with the
Planning Commission to help scope that project.
The Planning Commission provided the following feedback:
Chapter 1 — Introduction
No recommendation
Chapter 2 - Natural Resources
Update to include wetland credits
Chapter 3 — Parks and Recreation
No recommendation
Chapter 4 — Heritage Resources
This section should be updated as the gateways are established.
Chapter 5 — Community Design
Update to include place making and art district
Chapter 6- Land Use
Update to include guidance on how the Downtown should evolve over time given the amount of
in -fill and redevelopment happening now as well as guidance on parking in the Downtown.
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Policies on controlling growth to protect not only the downtown but residential areas as well and
ensure infrastructure and community support objectives are met.
Include Policies to provide flexibility
Chapter 7 — Housing
No recommendation
Chapter 8 — Economic Development
Update to add policies to address nighttime economies, plan for future changes in the regional
economy, such as the Silver Line, protect commercial areas, develop the Airport and realize its
economic potential, and provide a more business friendly environment. The Economic
Development Steering Committee developed a report, based on their findings, which can be a
very useful planning tool as it contains a tremendous amount of data.
Chapter 9 — Transportation
Update to include policies to address fixed route transit within the Town or between the Town
and the commuter lots and the Silver Line, autonomous vehicles and shared mobility i.e. Uber
and Lift, and public transportation beyond Town limits.
Chapter 10 — Community Facilities and Services
Policies to ensure that adequate facilities and services exist to allow for future development and
snow removal
Chapter 11 — Crescent District
Policies to maintain the overall vision to maintain an overall urban type pattern in this area,
maintain as an extension of the Downtown, and revising the zoning ordinance to make re-
development in this area more affordable
Ms. Berry -Hill explained that staff will be putting a memo together to incorporate the Planning
Commission suggestions and will be presenting this to Council at their February 12"' Work
Session.
Town Plan Usage and Administration — Discussion — Shelby Caputo, Deputy Town
Attorney and Susan Berry -Hill, Director, Planning and Zoning (This item ivas deferred firom
the January 18, 2018 PC Meeting)
Vice Chair Robinson explained that the Commission was working with staff on preparing the
draft Eastern Gateway District Small Area Plan. At their December 7, 2017 meeting, the
Commission requested that staff provide background information on how the Town Plan is used
in the review of legislative land development applications.
Ms. Caputo explained that she had not prepared any specific comments as she felt that the memo
was fairly straight forward and was happy to answered any specific questions the Commission
may have about what's in the memo or why she came to the conclusion she did.
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Vice Chair Robinson wished to quote from Commissioner Babbin's email regarding. her concern
about the adoption of a comprehensive plan that's detailed in nature as opposed to retaining
flexibility as she felt it points to establishing a balance.
"The more specifics contained in a comprehensive plan the more likely the court will scrutinize
the decision by the locality inconsistent with it."
Vice Chair Robinson opined that there were probably cases where the Plan was just specific
enough that the locality was able to deny an application that they did not feel belonged in a
particular area of their governance. She explained that the Commission is struggling to establish
a balance between specificity and flexibility.
Ms. Caputo responded that, in an attempt to put this into context, all the case law concerning the
Town Plan is when a locality denies an application for a rezoning or special exception. In
reality, no one really can remember the last time the Town of Leesburg has denied an application
for a rezoning or special exception. She explained that Crescent Parke isn't considered a denial
as the application was brought back on a motion to rescind the denial and Council ended up
approving the rezoning. The Town Plan, and how specific or vague it is written really only
comes under scrutiny when the Town ends up in court. There is no dispute that the Town Plan is
a guide or an advisory document. It is not a Zoning Ordinance and it is not supposed to be
written like one. It was her determination that when courts are looking at the Town Plan and
using it as part of the basis for their decisions and localities are relying on how their Town Plans
are written in order to support their denial of a rezoning or special exception application the
locality has to be able to rely on their Town Plan. A Town Plan that is vaguely written can't be
relied upon to support a locality's decision. Being able to rely on the Town Plan is one useful
tool that Town Council has in the event a case ends up in court. There are other factors, laid out
in the memo, in Virginia State Code Section 15.2.22.84 that the Town can rely upon when
looking at these applications and the Comprehensive Plan/Town Plan is listed as Number 2.
Ms. Caputo explained that it is her job is to represent the Town's best interests and stated that it
was her opinion that the Town Plan should be sufficient enough and detailed enough, that it can
be relied upon. It is up to the Planning Commission to determine and make their
recommendation to Council and ultimately for Town Council to make that decision. It was her
position, in her role of representing the Town's best interest, any recommendation the
Commission makes to Town Council regarding the wording of the Town Plan should have some
sort of sustenance however, the language does not have to be so specific that it eliminates
flexibility. She felt that everyone could agree to the need for flexibility which benefits applicants
and the Town. The Planning Commission needs to determine what is flexible enough and make
their recommendation to Town Council, Ms. Caputo cautioned the Commission of the need to
consider some type of balance. While she understood that Commissioner Babbin had issues with
the land use categories in the Eastern Gateway District Small Area Plan it was ultimately the
collective body that decides how the Plan is to read. She cautioned that the Commission should
keep in mind that the document needs to have backbone so that it can withstand scrutiny if the
Town of Leesburg ever denies a rezoning or special exception application.
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Commissioner Lanham asked what her opinion would be if an application submitted for a
rezoning or special exception could not be approved without a Town Plan amendment. Ms.
Caputo replied that from a legal perspective it is necessary to have an amendment to the Town
Plan because there are other factors that Council has to use to approve or deny a rezoning. The
Town Plan is one of those factors. Ms. Berry -Hill noted her agreement and felt that Legal
Counsel should advise Town Council that they need to have findings for their action. The Town
does not require Town Plan amendments to track with a rezoning and this is discussed with the
applicant at the pre -application stage. If the applicant chooses not to pursue a Town Plan
amendment to support their proposal, they don't have too. However, this does make the review
of the application awkward. For example, if it is a land use conversion from land designated for
non-residential use to residential use it can typically become a recommendation of denial from
staff as it does not comply with the Town Plan.
Commissioner Barnes opined that the Planning Commission should not be having legal
discussions and should take the advice of the Town's Legal Counsel.
Commissioner Lanham stated that Commissioner Babbin had asked him to read a statement in
her absence. Commissioner Lanham read the following statement from Commissioner Babbin:
I have had discussions with the Town Attorney's office regarding the memos we have exchanged
on this subject and we continue to have serious disagreements regarding the interpretation of the
law and the conclusions to be drawn therefrom. I believe that the specificity contained in the
draft small area plan and the way it is proposed to be used will lead to more risk of litigation not
less, hurt the economic development of the Town, and lead to more delays and unintended
consequences. Even if the Town Attorney's office interpretation were to be accepted it still
raises the question of how much specificity is too much. I agree with Commissioner Kidder who
said in her recent email "the issue of specificity versus flexibility is merely one of balance", and
with what our Town Attorney Barbara Notar said in response to that email, "it is for the Planning
Commission and Council to decide how specific it wishes it to be." In my opinion, the proposed
small area plan contains far too much specificity. We need to retain flexibility and fairness. We
also need to retain the ability to deal with specifics in the drafting of Town Code amendments
when we have more time to deal with each subject matter instead of rushing through each subject
matter in the context of this broad ranging Town Plan section. Thank you, Sharon Babbin,
Planning Commissioner".
Mr. Klusek encouraged the Commission to look at other Comprehensive Plans to see if there is a
level of specificity that has proven to be successful and if so, to share that information with staff.
STAFF AND COMMITTEE REPORTS
None
SRTC REPORT
Vice Chair Robinson informed the Commission that the SRTC did not meet in January due to
inclement weather.
OLD BUSINESS
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Leesburg Planning Commission
February 1, 2018 Minutes
None
NEW BUSINESS
Vice Chair Robinson asked Commissioner Faliskie to give an overview of what brought him to
the Planning Commission and what he would like to accomplish.
Commissioner Faliskie noted that he has been a Leesburg resident for approximately 11 years
and 2 years ago he was involved with relocating EIT from Sterling to Leesburg and ran into
some issues and concerns in dealing with the Town. This led him to become involved with the
Economic Development Steering Committee which led to his being appointed to the
Commission. He is not well versed in planning but hopes to bring rational thinking to determine
what makes sense for the Town and the Commission.
Commissioner Lanham asked for an update on Meadowbrook Commercial.
Ms. Berry -Hill informed the Commission that staff had a very productive meeting with the
Applicant earlier in the day and went through all of the Planning Commission issues that were
raised at the public hearing. The Applicant wants to come back to the Commission to explain
what they are thinking of doing to address these concerns and what changes they are proposing
to the plan. One of those changes is going to require another public hearing. They want to get
the Commission's response before they make the changes and one of the proposed changes is the
relocation of the gas station to a location adjacent to Evergreen Mills Road.
ADJOURNMENT
The meeting was adjourned at 10:08 pm
A 'proved by:
c. K, ren Cicalese, Commission Clerk
Gigi o 'nson, Vice Chairman
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