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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 1 Leesburg Planning Commission February 1, 2018 Minutes 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 Leesburg Planning Commission 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. 3 Leesburg Planning Commission February 1, 2018 Minutes 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 C] Leesburg Planning Commission February 1, 2018 Minutes 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. 5 Leesburg Planning Commission February 1, 2018 Minutes 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 Leesburg Planning Commission 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. 7 Leesburg Planning Commission February 1, 2018 Minutes 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. H•3 Leesburg Planning Commission February 1, 2018 Minutes 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. Leesburg Planning Commission 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. 10 Leesburg Planning Commission February 1, 2018 Minutes 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. 11 Leesburg Planning Commission February 1, 2018 Minutes 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. 12 Leesburg Planning Commission February 1, 2018 Minutes 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 13 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 14