HomeMy Public PortalAbout03 01 2018 PC MinutesTfie Town of Lees6urg in Virginia
Leesburg Planning Commission
Meeting Minutes
March 1, 2018
The Leesburg Planning Commission met on Thursday, March 1, 2018 in Town Hall Council
Chambers, 25 West Market Street, Leesburg, VA 20176. Staff members present included Susan
Berry -Hill, Rich Klusek, Mike Watkins, Shelby Caputo, and Karen Cicalese.
CALL TO ORDER
The meeting was called to order at 7:00 pm by Chairman Babbin
Members Present: Chairman Babbin, Commissioners Barnes, Faliskie, Kidder,
Lanham, Robinson, and Walker.
ADOPTION OF AGENDA
Motion: Commissioner Lanham
Second Commissioner Faliskie
Vote: 7-0
APPROVAL OF MINUTES
February 15, 2018
Motion: Commissioner Barnes
Second: Commissioner Faliskie
Vote: 7-0
DISCLOSURE OF MEETINGS
Chairman Babbin disclosed a telephone conversation with Chris Gleckner, Walsh Colucci, who
called to let her know that Walsh Colucci will be taking over the representation of Kettler with
regard to the small area plan.
CHAIRMAN'S STATEMENT
Chairman Babbin read the following statement:
"Thank you for this opportunity to further serve the residents and businesses of Leesburg.
I will endeavor, as Chair of this Planning Commission, with the support of my fellow
commissioners, to incorporate in our processes the principles recommended by our
Economic Development Steering Committee of speed, flexibility and predictability. We
will attempt to work efficiently and effectively on all applications to reduce the time it
takes to flow through staff and the Commission. With the support of my fellow
commissioners, we will take action on applications at the earliest possible date. We will
consider our zoning ordinances and other laws and regulations, and all public input as
well as stakeholder concerns, but I hope we will not micromanage or attempt to influence
the application with our own personal tastes or preferences. On zoning law amendments
I hope we will provide the flexibility needed for businesses to thrive, that we will attempt
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March 1, 2018 Minutes
to eliminate over regulation where it currently exists and avoid imposing unnecessary
regulation in the future. I encourage any member of the public or business with
recommendations on how to make our ordinances or processes better or more efficient to
contact me directly if they so choose. All ideas are welcome. Just because something
has always been done one way it will not be allowed to stand in the way of change for the
better. Thank you all for you past and future hard work. I look forward to a productive
year."
Chairman Babbin added that there will be some changes that will be initiated
immediately and include:
• Staff reports be summaries emphasizing only key points.
• Power Point presentations be used for graphics and maps. Staff reports are
available on the Town website on the Thursday prior to the Planning Commission
meeting for the public to view.
• Motions will be entertained at the earliest practicable time followed by discussion
on the motion to eliminate the practice of 2 discussion periods.
• Comments regarding changes requested of an applicant or staff be directed to the
Chair by the other Commissioners to determine that a majority of the Commission
is in agreement with said request.
Chairman Babbin wished to comment on the change in their seating arrangement noting
that it was at the request of specific commissioners.
Lastly, Chairman Babbin addressed complaints she has received from several
Commissioners regarding other members of the Planning Commission who have gone to
the Town Council members who appointed them to complain about their votes here on
the Commission. She stated that she found this to be unprofessional and hurtful and
wished to remind everyone that we are an independent body established pursuant to State
law. Planning Commission terms are for four years and a member can only be removed
for cause.
Commissioner Kidder asked if the members of the Commission will have an opportunity
to discuss and vote on all the rules discussed.
Chairman Babbin responded that the rules, just discussed, are part of "Robert's Rules"
and the Planning Commission follows "Roberts Rules" in accordance with their By-laws.
If there is an issue that arises it can be discussed at that time.
PETITIONERS
Neil Steinberg, 139 Woodberry Road, Leesburg, VA 20176, came forward and commented that
the Planning Commission's job was to work in concert with Town Council, staff, and the
residents to help design, create and sustain a vision for Leesburg. They are supposed to be
advocates for the Town and it was the Town resident's decision, within the framework of State i
Code and County and Town Comprehensive Plans and Zoning Regulations, as to how we wish to
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March 1, 2018 Minutes
shape our living environment. The Planning Commission's job is not to act either as advocates
or facilitators for the development community. Their purpose was not to ensure that any
developer or development be allowed to maximize profit at the expense of the Town's open
space, schools, and transportation systems. He was not suggesting that the process be difficult
and was of the opinion that it is not. It was his belief that the majority of Town residents were
not in support of unbridled growth and its predictable unpleasant consequences and stressed the
need to maintain and follow a strong Town Plan.
PUBLIC HEARING
None
SUBDIVISION AND LAND DEVELOPMENT
Leesburg West Street Naming — Mike Watkins, Assistant Zoning Administrator, Planning
and Zoning
Mr. Watkins explained that the Applicant was requesting the Planning Commission's approval of
a street name associated with the Leesburg West 2 Construction Drawings. The property is
located near the intersection of Catoctin Circle, SW and West Market Street and is being
developed "by -right" under the existing R-4, Single-family Residential District. Development
will include twenty-two (22) new single-family detached dwellings and includes one existing
single-family detached dwelling. The proposed street name is Harpers Run Court, SW.
Chairman Babbin called for a motion.
Commissioner Lanham moved to approve the street name Harpers Run Court, SW as
recommended in the staff memo presented by Mr. Watkins.
Commissioner Walker seconded the motion.
Chairman Babbin called for discussion on the motion. Seeing none, she walled for the vote.
The motion carried 7-0
ZONING
TLOA-2017-0005 Tents and Shade Structures Work Session — Clarification and
Discussion, Mike Watkins, Assistant Zoning Administrator, Planning and Zoning
Chairman Babbin explained that this was not really a work session as she had a discussion with
Mr. Watkins and some of the members of the Planning Commission regarding discussion at the
February 1St meeting on this topic and there appeared to be some confusion. It was her
understanding that staff had not yet drafted the ordinance and were looking for guidance from
the Planning Commission regarding whether an applicant, wishing to erect a tent or shade
structure, would be required to go before the BAR on either the first or subsequent applications.
She wished to take a straw vote to give clear guidance to staff on this issue.
Commissioner Robinson expressed concern over the timing of this request as she felt the
direction given at the February 1 st meeting was clear and this was a request for discussion to
accommodate members who were not in attendance at the February 1St meeting. She also
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expressed concern that this request seemed to set a precedent that the Planning Commission
could only give direction to staff if all members were present.
Commissioner Kidder commented that she has had several absences due to illness and asked if
this meant that she could recall items, previously voted on, for new discussion.
Chairman Babbin responded, that under "Robert's Rules", a motion can be brought up at a
subsequent meeting at any time; however, a motion that has been defeated can't be brought up
again at the same meeting.
Commissioner Kidder asked if staff had understood the direction given at the February 1 st
meeting.
Mr. Watkins replied that based on the discussion at the February 1st meeting staff had planned to
provide options to the Planning Commission in the draft ordinance. Subsequent to that meeting,
he had been contacted by a member of the Commission regarding the Planning Commission
direction given on February 1 st, and that a request would be made to continue the discussion this
evening.
Commissioner Kidder asked if this new discussion would cancel out previous direction given.
Chairman Babbin clarified that the only item being brought up for clarification was the role of
the BAR.
Chairman Babbin called for additional discussion, seeing none, she called for a straw vote to
determine if the Commission felt that there was a need for BAR approval for the initial, and/or
subsequent applications.
The majority of Commissioner's were not in support of BAR review and approval for temporary
structures.
Chairman Babbin explained that staff will move forward with preparing the draft ordinance and
will return April St" for a work session discussion prior to the April 19th public hearing.
Commissioner Robinson commented that she had requested that a check list be prepared for the
applicant and would like to have this included as part of the draft
Chairman Babbin asked the Commission members if they were in support of the checklist
requested by Commissioner Robinson.
The majority of Commission members were in support of including a checklist for the
applicants.
COMPREHENSIVE PLANNING
Work Plan and Schedule for the Eastern Gateway District Small Area Plan — Rich Klusek,
Sr. Planner, Planning and Zoning
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March 1, 2018 Minutes
Chairman Babbin explained that she had spoken to Mr. Klusek and Ms. Berry -Hill and due to the
many meetings on the draft small area plan she felt that another staff presentation was not
needed. Commissioner Faliskie had informed her that he had gone through the proposed draft
plan and felt that he was up to speed. Tonight's objective was to discuss scheduling to move this
forward to Town Council as quickly as possible and she and Commissioner Lanham have
worked together to come up with a procedure to expedite the process. There were many straw
votes taken when there was a six -member Commission and she is trying to avoid repeating that
process. She noted that Commissioner Lanham had a motion to present which will then be open
to discussion and debate.
Commissioner Lanham read the following motion:
I move that the Leesburg Planning Commission defer further action on the Eastern Gateway
Small Area Plan until such time as staff is able to prepare and present to the Planning
Commission a revised proposed plan incorporating the following revisions:
1. Reword throughout to restate items in plan as "goals" not "requirements", eliminating
words such as "shall" and "will" and using instead phrases such as "the goal is", "to the
extent practical", and/or "is encouraged", etc.;
2. Remove specificity which is more appropriate for zoning ordinances than a visionary
town plan that is meant to be a guideline, including, but not limited to, the following:
a. References to prohibitions related to corporate branding;
b. Where there are references to pattern books, design guidelines, or architectural
guidelines, keep general and leave specific patterns or guidelines to be developed;
c. References to existing uses as interim uses;
d. Where there is a reference to a community core, eliminate reference to a required
specific location;
e. References to specific lengths for blocks, incorporating instead ranges stated as
guidelines;
f. Maps or references to street grids internal to a parcel;
g. References to specific widths for sidewalks;
h. References to required or preferred structured parking;
i. References to FAR except to allow FAR up to 3.0 in appropriate areas;
j. References to building standards that exceed building code requirements and that
are counter to the objective of encouraging more affordable housing;
k. References to circulator transit as opposed to regional transit;
1. References to natural resources objectives that go beyond state requirements, and
which add costs that are counter to the objective of encouraging more affordable
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housing — make such policies "to the extent practical' and remove "replicate pre -
development hydrology."
3. Incorporate optional land use designations for appropriate parcels that are currently
undeveloped or where the envisioned future land use differs from the current use to allow
for flexibility and expansion of existing uses;
4. Incorporate flexibility wherever possible to avoid the necessity of continual plan
amendments;
5. Clarify that LEEDS certification is not required and that LEEDs best practices should be
incorporated only "to the extent practical;"
6. Reconsider proposed land use designations for parcels where current landowner has
continued objection. Meet with these stakeholders and attempt to resolve. Incorporate
alternate land use designations where possible;
7. In conjunction with the small area plan, incorporate recommendation to Town Council
that the Town Plan page 1-9 be revised to read, in relevant part:
"The Plan objectives for every Plan element are to be used as a guide for
evaluating legislative applications, such as rezonings, special exceptions, or
amendments to those that exist. The Town Plan also provides guidance for
developing the Town's capital improvements program."
Commissioner Walker Seconded the motion.
Chairman Babbin explained that under "Robert's Rules" it is appropriate for the person making
the motion to speak first during discussion.
Commissioner Lanham explained that he felt that this proposed motion was a way to move this
project along more quickly as opposed to revisiting the items with tied straw votes.
Commissioner Barnes expressed concerns regarding the proposed changes in the motion as it
dramatically changes the Town Plan. He asked staff if they agreed with what was proposed in
the motion.
Susan Berry -Hill, Director, Planning and Zoning, replied that Commissioner Lanham had just
read seven points that were a part of the motion. One of those has eleven sub -points. Staff felt
that three were easy to do, she disagreed with one, and that staff was unclear on the remainder.
She felt that there needed to be discussion on those items.
Commissioner Barnes concurred and stated that he would not be supporting the proposed
motion.
Commissioner Robinson commented that in Chairman Babbin's email she had requested that the
Commission be prepared to discuss the motion and proposed addressing each item and discuss
some of the points within the motion. For example item number one proposes eliminating the
terms "shall" and "will" and it was her opinion that these terms are necessary when demanding
certain features, procedures, or avoidances be maintained as well as helping to define what the
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Town is expecting from a person wanting to develop their land. She stated that she was open to
discussing the proposed motion, but would want to address each item specifically.
Chairman Babbin clarified that the intent of the proposed motion was to ask for another draft and
that there will be at least two more work session discussions to go through these items in detail.
Tonight's discussion was to focus on the proposed motion and the Planning Commission has a
right to discuss it. Under "Robert's Rules" every Commission is afforded ten minutes and asked
Commissioner Robinson if she would like to address any other specifics raised in the motion.
Commissioner Robinson continued as follows:
• Item 2a — It was her opinion that it was important to keep corporate logos in conformance
with the Town.
• Item 2b — This would remove all constraints on building and landscaping guidelines.
This area is part of the H-2 which can help soften the entrance and make is something
enticing and welcoming.
• Item 2c — Needs clarification.
• Item 2d- A community core, by its very definition, needs a description of where the core
should be.
• Item 2e- Allowing only a range of block lengths can hinder the Town in achieving the
look and usage it is trying to reach as a goal.
• Item 2f — Needs clarification.
• Item 2g — The width of a sidewalk allows different activity.
• Item 2h — She expressed strong views on encouraging structured parking for density until
the Town has developed a transit to areas both within Town limits as well as outside such
as Dulles Airport and the new metro stations, etc.
• Item 2i — A FAR (Floor Area Ratio) is a very important term and number to developers
and encourages a density that it envisioned in the planned area.
• Item 2j — Needs clarification of what is meant by building standards.
• Item 2k — Explanation of the intent is needed.
• Item 21- Explanation needed as to what is needed by the Town for hydrology which
prevents flooding.
• Item 3 — Identification of specific places for future zoning.
• Item 4 — Provide strategic places where it is thought flexibility is needed to be inserted
• Item 5 — Council just put forth a program to upgrade aging and high energy use systems
in commercial buildings and it was her opinion that Council should be happy to endorse
LEED certification.
• Item 6 — Specifics on who is objecting to their land use designation in the Plan as these
property owners have the ability to request a rezoning
• Item 7 — Needs clarification.
Commissioner Kidder commented that Leesburg has been voted as one of the ten best places to
live in the country several times by Fortune Magazine and a number of other publications and the
reason for this is due to the fact that Leesburg has paid attention to its ambiance, landscaping,
and history protection. The economic development benefits of the historic district maintains
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visitors, promotes businesses locating here, and people wanting to live here. It was her opinion
that the proposed motion wipes out anything that the Town has done to get us into the position it
is today of being a desirable place to live and work. Additionally, she did not feel that it met the
requirements in State Code Section 15.2-2284 and stated that she would not support this motion.
Commissioner Faliskie commented that it was his understanding that Commissioner Lanham's
motion was simply clarification on what is going to be resubmitted to the Planning Commission.
This motion is basically looking at the Town Plan versus the Ordinance. He opined that the
Town Plan should be more of a guideline and felt that this was what Commissioner Lanham was
trying to lay out. His interpretation of the motion was to have a Town Plan that serves as a
guideline and offers greater flexibility.
Commissioner Barnes opined that this motion looked as though it had been drafted by a
developer, not a Planning Commission. The Planning Commission is responsible for ensuring
what is good for the Town, not the developer.
Commissioner Robinson noted that she had asked for explanation on a number of the items
presented in the motion and asked if she could get an explanation prior to voting on the motion.
Commissioner Lanham commented that he was not going to go through each item individually as
they could do that at later date. It was his opinion that the Town Plan is a guide and an
expression of a community's goals. It is not something that says "will" and "shall. That's not to
say that you couldn't have statements like that occasionally in certain places in the document and
these types of statements can be added if needed. Rules and regulations belong in the Zoning
Ordinance, Design and Constructions Standards Manual (DCSM) , Subdivision and Land
Development Regulations (SLDR), Federal Wetland Regulations, etc. not the Town Plan. The
Comprehensive Plan should be a flexible document.
Chairman Babbin called for the vote.
The motion carried by a vote of 4-2-1 (Aye — Babbin, Faliskie, Lanham, and Walker, Nay —
Kidder and Barnes, Abstain — Robinson)
Mr. Klusek noted that staff was unclear on some of the points in the motion and asked for
clarification to assist in re -writing the draft small area plan.
Chairman Babbin responded that she and Commissioner Lanham could meet with staff to discuss
and clarify this further and asked that staff arrange a meeting.
STAFF AND COMMITTEE REPORTS
None
SRTC REPORT
None
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March 1, 2018 Minutes
OLD BUSINESS
Capital Improvements Program Memo
Chairman Babbin explained that staff had prepared a memo from the Planning Commission to
Town Council regarding the Planning Commission's recommendations on the Capital
Improvements Program. The memo had been emailed to the Commission and was also on the
dais this evening. She asked for discussion to determine if the memo accurately reflected the
Commission's recommendations.
Commissioner Robinson noted that the accompanying memo from Capital Projects stated that
the Replacement/Upgrade Computer Aided Dispatch System and Center had been moved from
From FY 2023 to FY 2020 and asked that the cost of the project, $370,000, be inserted in their
recommendation along with a request to move the project to FY 2019.
The majority of Commissioners were in support of this change to their recommendation.
NEW BUSINESS
Annual Report
The Planning Commission reviewed the Annual Report and were in favor of sending it to Town
Council.
Applicant Presentations
Commissioner Robinson suggested asking the Applicant to make copies of their presentation to
be distributed to the Commission to allow them to take notes during the presentation to refer to
during the questions/discussion section of the public hearing.
The majority of the Commission members were in support of this suggestion.
Commissioner Kidder asked for an explanation from the Town's Legal Counsel on how the
Code for Virginia Section 15.2-2284 is related to the Comprehensive Plan.
Shelby Caputo, Deputy Town Attorney, explained that the Zoning Ordinance contains all of the
requirements and is the law. The Town Plan is an advisory document as was explained in the
memo submitted to the Planning Commission in January by Ms. Berry -Hill and herself. As
stated in the memo, in those instances when applicants have appealed the decisions of a locality
to the Circuit Court, the Circuit Court can take into consideration various factors of what was
considered and what wasn't and whether the locality had acted in an arbitrary and capricious
manner. The Town Plan is one of the ten items listed in State Code Section 15.2-2284. This
section states that "Zoning ordinances and districts shall be drawn and applied with reasonable
consideration for the existing use and character of property, the comprehensive plan, the
suitability of property for various uses.... " This code section continues with a number of other
factors, ending with what Commissioner Lanham referenced, "the conservation of properties and
their values and the encouragement of the most appropriate use of land throughout the locality. "
These are things that a locality should consider when looking at and applying their zoning
ordinances. The plan is contained within and is one of the things the zoning ordinance or the
land use decision should consider. The comprehensive plan is what the locality wants its locality
to be. It was her opinion, with the Town's interest at heart, that the Town Plan is an important
document. Should a case end up in Court, and the locality relied on the Town Plan, the Court
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will take that into consideration. If the locality relied on some of the other factors in Section
15.2-2284 a court will take that into consideration as well. If a locality relied on something
completely arbitrary, that locality will most likely find itself in trouble.
Ms. Berry -Hill asked the Chair for clarification on her request for staff report summaries.
Chairman Babbin clarified that she was requesting that staff's Power Point presentations be a
summary and not a reiteration of the staff report.
ADJOURNMENT
Th meeting was adjourned at 8:24 PM
A proved by:
Ka en Cicalese, ommission Clerk Sharo ab in, Chairman
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