HomeMy Public PortalAbout03 15 2018 PC MinutesT%2e Town of Leesburg in Virginia
Leesburg Planning Commission
Meeting Minutes
March 15, 2018
The Leesburg Planning Commission met on Thursday, March 15, 2018 in Town Hall Council
Chambers, 25 West Market Street, Leesburg, VA 20176. Staff members present included Susan
Berry -Hill, Bill Ackman, Scott Parker, Shelby Caputo, and Debi Parry.
CALL TO ORDER
The meeting was called to order at 7:00 pm by Vice Chair Lanham who explained that he was
the acting Chair as Chairman Babbin was out of town and attending remotely by telephone.
Members Present: Commissioners Barnes, Faliskie, Kidder, Lanham, Robinson, and Walker.
Chairman Babbin attended remotely.
ADOPTION OF AGENDA
Motion: Commissioner Barnes
Second Commissioner Faliskie
Vote: 7-0
APPROVAL OF MINUTES
March 1., 2018
Motion: Commissioner Kidder
Second: Commissioner Faliskie
Vote: 7-0
DISCLOSURE OF MEETINGS
Commissioner Walker disclosed a telephone conversation with Molly Novotny regarding the
layout of the Starbucks building on East Market Street.
Vice Chair Lanham disclosed text messages with Molly Novotny regarding the Starbucks
application.
CHAIRMAN'S STATEMENT
None
PETITIONERS
None
PUBLIC HEARING
TLOA-2018-0001 Subdivision and Land Development Regula tions (SLDR) Public Hearing,
Bill Ackman, Director, Plan Review
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Vice Chair Lanham opened the public hearing at 7:05 pm and invited staff to make their
presentation.
Mr. Aclannan explained that on May 23, 2017, the Town Council initiated amendments to the
Town's Subdivision and Land Development Regulations (SLDR) to authorize changes to
conform to updated State and Federal regulations, and to investigate ways to improve the land
development processes. During the week of December 4 — 8, 2017, Town Staff initiated a
KAIZEN event, moderated by Q6LeanSigma (experts in streamlining government processes)
to loop for ways to cut red tape and streamline the land development process. This process
included staff from every internal and external agency that reviews land development
applications in the Town as well as several developers, private sector engineers and a private
citizen. Two items brought up by the private sector were related to approval delays caused
by legislative actions required during the approval process of a by -right land development
application. These two items were that (1) Council approval was required for bonding items;
and (2) Planning Commission approval was required for approving street names. The
proposed amendments would allow the Town Manager to administratively approve and
manage the bonding process, and would also allow staff and Loudoun County to approve
street names. Each of these changes will cut red tape and will reduce the time for approvals of
Site Plans and Construction Drawings.
The proposed changes generally include the following:
1. Amend SLDR Section 4.02(f) Streets to transfer the authority to approve street names
within the Town of Leesburg corporate limits from the Planning Commission to Loudoun
County an.d the Town's Director of Plan Review.
2. Amend SLDR Section 6.04(a) Bondingof f Required Improvements to update State Code
References.
3. Amend SLDR Sections 6.04(d) and 6.04(e) Bondingof f Required Improvements to transfer
the authority to approve all performance agreements for public improvements from the Town
Council to the Town Manager regardless of bond amount.
4. Amend SLDR Sections 6.07(a) and 6.07(b) Extensions and Reduction of Performance
Bonds to transfer the authority to approve all extensions and reductions of perfonnance
agreements for public improvements from the Town Council to the Town Manager
5. Amend SLDR Sections 6.08 Establishment of a Maintenance Agreement to transfer the
authority for the establislunent of maintenance agreements for all public improvements from the
Town Council to the Town Manager.
6. Amend SLDR Sections 6.09(a) and 6.09(b) Acceptance of Improvements and Release of
Performance Agreement to transfer the authority for the acceptance of public improvements and
release of associated performance agreements from the Town Council to the Town Manager.
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7. Amend SLDR Section 6.10(f) Required Approvals of Final Site Plan, Minor Site Plan,
Mini Site Plan, Site Plan Waiver, Town Capital Improvement Plan and Final Plat(s) to update
related SLDR Code References.
8. Amend SLDR Sections 3.11(e) Filing of Final Site Plan to transfer the authority to approve
all performance agreements for public improvements from the Town Council to the Town
Manager.
Mr. Ackman summarized that the proposed regulations will allow for reduced times in the plan
approval process which will lead to developers being able to begin construction up to a
minimum of four to six weeks sooner which in turn gets the improved properties on the tax
rolls more quickly. A double benefit is that the hours of time staff must devote to writing and
processing reports for bond approvals and street names can be used for other Town business.
The Department of Plan Review (DPR) is always looking for efficiencies and ways to cut red
tape in order to streamline the Plan Review Approval Process. Currently, the Site Plan and
Construction Plan Approval process requires legislative actions for approving Performance
Agreements for Public Improvements (Town Council) as well as for approving street names
(Planning Commission), which adds time to the final approval process.
Mr. Ackn-ran wished to clarify that there was a draft of the changes to Article 4, regarding the street
naming, in their agenda packet. After further legal review it was determined that some of the
language would be unenforceable and a revised draft has been provided on the dais this evening.
The Planning Commission expressed the following concerns:
Street Naming:
SLDR Section 4.02 Street Naming — Town and County protocol and turn -around time.
Mr. Ackman explained the Town and County coordination process and commented that it has been
working very well.
Bonding Process:
SLDR Section 6.07 (a) and 6.07(b) — Extensions and Reduction of Performance Bonds and SLDR
Sections 6.09(a) and 6.09(b) Acceptance of Improvements and Release of Performance Agreement
— Turn -around time -frame, Town Manager review versus Council review, and the need to have
the Town Manager select an appointee to approve extensions in the event that he/she is called
away
SLDR Section 6.08 Establishment of a Maintenance Agreement — Concerns regarding ponds and
under water tanks being reviewed by the Town Manager versus Town Council.
Mr. Ackman explained that staff will be preparing a bond activity monthly or bi-monthly report
for Town Council and the Director of Public Works or her designee will be preparing a bond status
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update for Council.
Vice Chair Lanham closed the public hearing at 7:27 pm and called for additional questions from
the Planning Commission. Seeing none, he called for a motion.
Commissioner Kidder made the following motion:
I move that Subdivision and Land Development Regulations Text Amendment TLOA-2018-0001
be forwarded to the Town Council with a recommendation of approval as proposed in the Staff
Report dated March 15, 2018 on the basis that the amendments are consistent with neighboring
jurisdictions, will improve and streamline the land development process, and the amendments will
serve the public necessity, convenience, general welfare and good land development practice.
Commissioner Faliskie seconded the motion and the motion carried by a vote of 7-0.
TLSE-2017-0004 Starbucks Public Hearing, Scott Parker, Sr, Planning Project Manager,
Planning and. Zoning
Vice Chair Lanham opened the public hearing at 7:28 pm and invited staff to make their
presentation.
Mr. Parker explained that the Applicant, Federal Realty, is requesting to redevelop a site within
the Leesburg Plaza shopping center on East Market Street by replacing the old M&T Bank
building with a new 2,500 square -foot restaurant/cafe with a drive-through. Leesburg Plaza
comprises approximately 35 acres along East Market Street. This .60 acre redevelopment is
located at a prominent corner entry to the plaza on East Market Street, and presents a significant
redevelopment opportunity as a catalyst for future redevelopment of the site.
According to the Applicant, the vacation of the current tenant created an opportunity to attract a
specialty restaurant with a complementary drive-through. Re -using the building and drive-
through was initially considered, but the Applicant was advised by Staff that the use would. not
be considered "non -conforming" because the actual retail type was changing. Therefore, the
Applicant is proposing to demolish the approximately 35 -year-old building and construct a 2,500
square -foot restaurant/cafe in its place.
The subject property is comprised of 1 parcel and a portion of a second parcel for a total of .60
acres within the 38 acre Leesburg Plaza site and is currently zoned Crescent Design —
Commercial Corridor (CD -CC). Prior to 2012, the property was zoned B-2 and staff is allowing
replacement of the building under previous B-2 standards per TLZO Sec. 7.10.2 Applicability,
The Applicant has requested the following zoning modifications related to design elements
found within TLZO Sec. 7.10.6:
Modification 41: Building Type Specifications, Drive -Through Window Building Design,
Windows. Recommendation: Approval
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Proposal: TLZO Sec. 7.10.6.J.2 permits a maximum area of 50% of the required windows on a
secondary facade to be faux windows. Applicant is requesting to exceed the 50% maximum faux
window requirement.
Because this facade does not provide pedestrian access, and the building does have significant
articulation included, as well as the practical difficulty of the back of house operations of the
establishment, Staff supports this modification.
Modification #2: Building Type Specifications, Drive -Through Window Building ]Design
Specifications, Height. Recommendation: Approval
Proposal: The Applicant is requesting a modification from TLZO Sec. 7.10.615 that requires a
building with a minimum building height of 25 feet to have a pitched roof.
Staff supports this modification request given the attention to other aspects of the project's
architecture and site design that create a transition from the existing center to a design that better
fits the expectations of the CDD.
Modification #3: Building Type Specifications, Drive -Through Window Building Design
Specifications, Canopy. Recommendation: Approval
Proposal: TLZO Sec. 7.10.6.J.7 requires that canopies over a drive through lane within the CDD
shall have a pitched roof, with the canopy height not exceeding the height of the building. The
Applicant has proposed a flat roof canopy over the drive through, which matches the canopies on
the balance of the building
Staff believes that the introduction of a pitched roof to this facade is not warranted. This would
be the only pitched elevation on the building, and would be out of character with the balance of
the building. The current proposed canopy will match other canopies on the building creating
consistency of design between the facades.
Review Summary
Two reviews of the application were made and items discussed and resolved during the review
included.
1. Streetscape configuration along East Market Street to better comply with Crescent
Design District standards.
2. Building architecture and form to comply with Crescent Design District standards.
3. Location of drive-through away from the East Market Street frontage.
The following 2 items remain unresolved:
1. Shared Parking agreement will be required before Site Plan approval.
2. Interior parking lot recalculation required before Site Plan approval.
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Mr. Parker concluded that staff recommends approval of TLSE-2017-0004 subject to the
following conditions:
1. Substantial Conformance: Development of this property shall be in substantial
conformance with the plan set entitled "Special Exception for Eating Establishment with
Drive In, Leesburg Plaza, TLSE-2017-0004" dated October, 2017 and revised through
March 6, 2018 by Urban, Ltd. (herein referred to as the "Special Exception Plat"), with
reasonable allowances to be made for engineering and design alteration to meet Town
Subdivision and Land Development Regulations, Zoning Ordinance or Design -and.
Construction Standards Manual requirements.
2. No Waivers Expressed or Implied: Approval of this special exception does not express
or imply any waiver or modification of the requirements set forth in the Subdivision and
Land Development Regulations, the Zoning Ordinance, or the Design and Construction
Standards Manual, except as may have been approved as part of this application.. Final
plats, site plans, and construction drawings are subject to the applicable town regulations.
3. Shared Parking Agreement: Applicant shall submit a Shared Parking Agreement for
review and approval by Town Staff prior to the approval of a Site Plan in order to
demonstrate the legal right to use the nine (9) off-site parking spaces located on the
adjacent parcels identified as PIN 188262207 and PIN 188259123. This agreement shall
not be amended to remove the right of the applicant to utilize the nine (9) spaces for
required parking without the prior consent of the Town.
4. Interior Parking Lot Landscaping: Applicant shall recalculate the interior parking lot
area for landscaping purposes in accordance with TLZO Sec. 12.6.3.A Minimum
Parking Lot Landscape Area prior to Site Plan Approval,
Vice Chair Lanham invited the Applicant to make their presentation.
Molly Novotny, Urban Planner, Cooley, LLP, the Applicant's representative, gave the
presentation. She discussed the site noting that it was 2 of the 14 parcels associated with
Leesburg Plaza. There are 2 entrances to the site today; one is off of an internal drive isle and
the other is an exit to East Market Street. She explained the Applicant's desire to replace the
building was due too it being old, and not matching the architecture of the new development at
the shopping center. The property is in the Crescent District however, its' nonconforming state
does not meet the basic standards of the Crescent Design District. Therefore, nonconforming
structures can be demolished and expanded upon. Any expansion, up to 10%, can follow the
original underlying zoning district. The B-2 zoning regulations were in place and will be the
standards they will be using for the special exception use, with the site standards following the
B-2 zoning district and the architecture following the Crescent Design District standards. The
outbound exit on to East Market Street will be closed and will allow for a uniform streetscape
along the entire property. There will be a new internal access point toward the north. Customers
can use either of the 2 internal drive isles to enter the drive-through. The menu and speakers will
be along the southern facade and the cars would wrap around the building. A minimum of 10
stacking spaces has been proposed per the ordinance. The building has been designed to
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March 15, 2018 Minutes
resemble adjacent buildings and will have 4 sided architecture and some tower elements. The
southern facade faces East Market Street and exceeds the minimum requirement of 50% for
doors/windows. There will be 2 entrances to the building, one which will face East Market
Street and the other entrance faces the parking area. This fagade has 61 % windows proposed
(10% is required by the ordinance). The eastern facade is required to have 30% windows/doors
and they are proposing approximately 3 8% however, they are requesting to have them be all faux
windows. The northern fagade faces the Pei Wei building and that is where the drive -up window
is located. In terms of landscaping, they will be planting more trees than they are removing and
there will be a similar streetscape along the 3 exterior facades that will include street trees and a
shrub row. On the left side, the trees are grouped down toward East Market Street due to a
significant utility easement running through that area that prohibits plantings. There will be
ample parking spaces provided throughout the whole center and the sharing is on a lot by lot
basis; in this instance, 2 parcels are sharing the parking spaces. Ms. Novotny concluded her
presentation noting that the Applicant was anxious to move forward, had no outstanding issues,
and were looking forward to the Planning Commission's support,
The Planning Commission expressed concerns regarding the amount of canopy trees proposed and
their location, and the eastern facade massing and the need for awnings on the 2 faux windows.
The Applicant agreed to look into the possibility of adding awnings to the faux windows on the
eastern fayade.
Vice Chair Lanham closed the public hearing at 8:11 pm and called for a motion.
Chairman Babbin made the following motion:
I move that Special Exception application TLSE-2017-0004, Leesburg Plaza Cafe, be forwarded
to the Town Council with a recommendation of approval subject to the conditions of approval as
enumerated in the March 15, 2018 Planning Commission Public Hearing Staff Report, including
the modification recommended in that Staff Report and the typographical error on the code
section corrected, and on the basis that the approval criteria of Zoning Ordinance Section 3.4.12
have been satisfied and that the proposal would serve the public necessity, convenience, general
welfare and good zoning practice with the following proviso that the Applicant has agreed to
explore and include 2 additional awnings on the east side of the building as practical by
engineering and architectural standards.
Commissioner Kidder seconded the motion and the motion carried by a vote of 7-0,
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
None
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COMPREHENSIVE PLANNING
None
STAFF AND COMMITTEE REPORTS
None
SRTC REPORT
Commissioner Robinson noted that she did not attend the SRTC meeting this month,
OLD BUSINESS
None
NEW BUSINESS
None
ADJOURNMENT
Motion: Commissioner Barnes
Second: Commissioner Kidder
Vote: 7-0
The meeting was adjourned at 8:17 PM
Approved by:
Karen Cicalese, Commission Clerk
Rick Lanham, Vice Chair