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The Town of Lees6urg in Virginia
Leesburg Planning Commission
Meeting Minutes
April 19, 2018
The Leesburg Planning Commission met on Thursday, April 19, 2018 in Town Hall Council
Chambers, 25 West Market Street, Leesburg, VA 20176. Staff members present included Susan
Berry -Hill, Brian Boucher, Mike Watkins, Chris Murphy, Rich Klusek, Shelby Caputo, and
Karen Cicalese
CALL TO ORDER
The meeting was called to order at 7:01 pm by Chairman Babbin.
Members Present: Chairman Babbin, Commissioners Barnes, Faliskie, Kidder, Lanham,
Robinson; and Walker.
ADOPTION OF AGENDA
Chairman Babbin amended the agenda to add the vote on the special meeting on May 1, 2018
after the approval of the minutes.
Motion: Commissioner Walker
Second Commissioner Lanham
Vote: 7-0
APPROVAL OF MINUTES
April 5, 2018
Motion: Commissioner Walker
Second: Commissioner Lanham
Commissioner Kidder moved to amend the motion to defer approval of the minutes to allow
them to be revised to attribute specific concerns to the members of the public who spoke at the
last meeting.
Commissioner Barnes seconded the motion.
Vote: 5-2 (Nay Babbin and Faliskie)
APPROVAL OF SPECIAL MEETING ON MAY 19 2018
Chairman Babbin explained that this special meeting was called to allow continued discussion on
TLOA-2017-0005 Tents and Shade Structures and TLOA-2018-0002 Food Trucks in
Commercial Districts.
Motion: Commissioner Faliskie
Second: Commissioner Lanham
Vote: 5-2 (Nay Barnes and Robinson)
DISCLOSURE OF MEETINGS
Chairman Babbin disclosed a meeting with the River Creek Village applicant and their
representative Chris Gleckner.
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April 19, 2018 Minutes
CHAIRMAN'S STATEMENT
Chairman Babbin presented the public hearing procedure in response to issues that arose at the
last public hearing.
PETITIONERS
None
PUBLIC HEARING
TLOA-2017-0005 Tents and Shade Structures Public Hearing, Mike Watkins, Assistant
Zoning Administrator, Planning and Zoning
Chairman Babbin opened the public hearing at 7:32 pm.
Mr. Watkins -delivered staff's presentation on the proposed draft ordinance which would amend
articles 3, 7, 9, 10, and 18 of the Town of Leesburg Zoning ordinance to establish definitions and
use standards for seasonal weather enclosures, temporary shade structures, and tents for
restaurants and other similar businesses, such as brewpubs and microbreweries in the B-1
District.
Staff met with the Board of Architectural Review (BAR) at the Planning Commission's direction
and the BAR was in general agreement that shade structures should not be allowed in the B-1
District and tent use would be permitted subject to a Certificate of Appropriateness (COA)
reviewed by the BAR, with the possibility of an administrative review by staff in the future for
all tents.
Staff incorporated direction from the Planning Commission in the ordinance. Specific direction
included:
• A one-time approval of a zoning permit to allow a shade structure to be re -erected
without a new zoning permit, unless the structure is modified.
• Exempting seasonal weather enclosures, shade structures, and tents form a Board of
Architectural Review Certificate of Appropriateness.
• Establishing a five-foot (5') minimum setback from a property line for shade structures
and tents.
• Allowing the shade structure or tent to cover up to 75% of the property not covered. by a
building or parking.
• Allowing the Zoning Administrator to approve a material not listed in the Zoning
Ordinance.
Mr. Watkins concluded staff's presentation with a recommendation of approval as presented in
the April 19, 2018 Planning Commission Public Hearing Staff Report due to the structures being
complimentary to the principle use, will provide an economic benefit to the businesses in the
downtown, and increase tax revenues to the Town.
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April 19, 2018 Minutes
Planning Commission Questions and Staff Response
Temporary versus Permanent
There is a contingency in the ordinance to allow shade structures to be permanent.
Storage
Tents would need to be removed from the property or be subject to additional zoning
enforcement. Staff is agreeable to including additional language to clarify storage requirements.
Maintenance and Inspection
Language has been crafted to put the onus on the user/owner with respect to annual inspection
and tent condition.
BAR H-2 Guidelines and Review Process
There is currently no reference to the H-1 guidelines used in the BAR review process in the draft
ordinance. There is a team approach to the review of the permit based on the subject matter of
the request.
It has been informally inferred that a temporary structure is not reviewed by the BAR. However,
the language in the guidelines does not expressly state that temporary structures are not subject
to BAR review. If a temporary structure was not excluded by ordinance and falls within the H-1
District, the H-1 guidelines would apply. It was the general consensus of the Planning
Commission to direct staff to exclude BAR review in the draft ordinance.
Resident Impact
Essentially if the business is an eating establishment, microbrewery or brewpub, they would be
eligible to use these 3 types of structures (tents, seasonal weather enclosures, and shade
structures). Staff can provide a visual graphic of the relationship of the B-1 District to adjacent
residential districts.
Duration
Staff determined the intended use and time of year in determining duration periods.
Current Language in the Zoning Ordinance Prohibiting the Use of Tents
Staff has interpreted that there are 2 permitted uses in the existing Zoning Ordinance, otherwise
tents are not permitted.
B-1 Limitation and Possible Expansion to other Districts
Council initiation was limited to the B-1 District and hypothetically, this use could be extended
into the other B districts.
Specific Locations and Potential Limitations
The outdoor dining area at Delirium Cafe is considered to be a rear yard and it would not be
practical to put a tent in the side yard at Senor Ramon or Loudoun 14 (formerly known as
Captain Catoctin).
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April 19, 2018 Minutes
Public Comment
Gail Groy, 16 Wirt Street, NW, Leesburg, VA 20176 came forward in opposition of the
proposed draft ordinance and expressed concerns regarding an apparent emphasis on helping
business profitability over looking out for local downtown residents and the historic downtown
streetscape; impact on residences; lack of BAR review; and enforcement.
Velda Warner, 17 Cornwall Street, NW, Leesburg, VA 20176 carne forward and expressed
concerns regarding noise and impact on the residents in the historic district.
Dale Goodson came forward to represent the BAR noting that the BAR has been and continues
to be very interested in working with the Planning Commission on this issue. Concerns
expressed include omitted language and that the language oversimplifies the review of these
structures; the proposed staff approval process lacks visibility and does not allow for public
input; visual impact within the H-1 /B-1; impact on the historic resource itself, materials and
maintenance. Mr. Goodson expressed the BAR's desire to work with the Planning Commission
in joint meetings to ensure the vibrancy of the historic district is protected and maintained.
Fred Williams, 21 Wirt Street, NW, Leesburg, VA 20176, came forward in support of Mr.
Goodson's comments. He expressed concerns regarding the negative impact of tents on the
community and adjacent residences, lighting, noise, and future impacts.
Teresa Minchew, 330 W Market Street, Leesburg, VA 20176, came forward and asked that the
Commission reconsider cutting off all public input at this meeting and to schedule the next work
session on this topic to a time when the meeting could be broadcast and available to the public.
Richard Koochagian, 212 Loudoun Street, SW, Leesburg, VA 20175, came forward and
expressed concern regarding lack of guidance in the proposed draft ordinance; compatibility; H-1
guidelines address how to properly affix things to historic buildings and these guidelines do not;
and the need for further work on the draft ordinance.
Chairman Babbin closed the public hearing at 8:37 pm and explained that there will be further
discussion and possible action at the special meeting on May lst and the public was welcome to
attend that meeting.
TLOA-2018-0002 Food Trucks in Commercial Districts Public Hearing, Chris Murphy, Sr.
Planning Project Manager, Planning and Zoning
Chairman Babbin opened the public hearing at 8:38 pm.
Mr. Murphy delivered staff's presentation on the proposed Zoning Ordinance amendment which
would amend Section 9.5.2 and Section 9.5.4 to permit Mobile Food Units (i.e. food trucks/carts)
on private property within "B" (B-1, B-2, B-3, and B-4) Zoning Districts and the Crescent
District Commercial Districts (Crescent Design — Commercial (CD -C) and Crescent Design -
Commercial Corridor (CD -CC)) as a temporary use.
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April 19, 2018 Minutes
Mr. Murphy reviewed the chronology of the mobile food unit, Council's concerns, and staff's
analysis and process in developing the proposed draft ordinance.
Lastly, Mr. Murphy highlighted the proposed changes to the ordinance and concluded the
presentation with staff's recommendation of approval as presented in the Planning Commission
Staff Report dated April 19, 2018.
Planning Commission Questions and Staff Response
Location on Lot, Hours of Operation and Required Permissions
Mobile Food Units would not be allowed on vacant lots and cam -lot operate outside the hours of
the principal use. The ordinance states that the food truck must be parked in a legal parking
space, cannot block aisles, and cannot take up parking spaces required by the principal use. The
permit is specific to a vendor, not a location and the vendor would need to acquire permission
from the property owner and/or operator of the principal use.
Specific Establishments
Staff believed that the Black Walnut's lot was in excess of 8,500 feet but would need to verify.
The Loudoun Brewery lot is in excess of 8,500 feet. It was uncertain if the requirement to have
an excess parking space would prohibit these 2 establishments from having a food truck. Staff
will provide this information at the work session. Black Hoof could have a food truck as their
rear lot measures over 10,000 square feet and has off street parking on that lot.
Establishment of a Boundary to Protect Brick and Mortar Restaurants in the Downtown.
The boundary, suggested by Chairman Babbin, incorporated districts that were not included in
the initiation by Council. Additionally, there needs to be a compelling government interest in
developing regulations and it is questionable whether the protection of brick and mortar
restaurants is considered a compelling government interest.
Public Comment
Fred Williams, 21 Wirt Street, NW, Leesburg, VA 20176 came forward and expressed concerns
regarding enforcement and penalties for principal use owners.
Richard Koochagian, 212 S. Loudoun Street, Leesburg, VA 20176 came forward and expressed
concern regarding impacts on adjacent residential areas, property values and nuisance issues.
Chairman Babbin closed the public hearing at 9:30 pm and discussion was deferred to the
special meeting on May 1 sc
Chairman Babbin called for a short recess at 9:30 and the meeting was resumed at 9:41 pm.
TLTA-2015-0002 and TLZM-2015-0010 River Creek Village Public Hearing, Rich Klusek,
Sr. Planner, Planning and Zoning
Chairman Babbin opened the public hearing at 9:42 pm
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Staff's presentation was delivered by Mr. Klusek who explained that the Applicant, Charles
Kieler, Kettler, Inc., was requesting a Town Plan amendment and rezoning to allow 64 single-
family attached residential units on the subject property located along Edwards Ferry Road
between Costco and the Edwards Landing subdivision. The subject property is 13.76 acres in
size and the proposed 64 dwelling units would result in a density of 4.65 dwelling units per acre.
The proposed application would also provide approximately 8.4 acres of open space (61%)
surrounding and within development on the subject site.
The Town Plan amendment component of the proposed application would amend the land use
policies of the Town of Leesburg Town Plan. The rezoning component would rezone the
property from Community Retail/Community Commercial (B-3) to the Planned Residential
Neighborhood (PRN) District. As part of the rezoning application the Applicant is also offering
several proffered cash contributions.
Remaining outstanding issues are as follows:
• Town Plan Compliance - The application does not fully meet the intent of the Town Plan
which calls for commercially designated land to be retained for such uses.
• Pedestrian Connection - While Staff did not previously raise this issue, the suggestion
seems logical, could mutually benefit both projects, and could avoid informal
connections from being established.
• Noise Study - The Applicant has submitted a proffer to conduct a noise study to address
noise concerns related to the adjacent Costco. Staff believes that an appropriate proffer
to study noise impacts and commitment to mitigation is essential to ensuring land use
compatibility between Costco and proposed residential development.
• Traffic Signal Proffer - The Applicant has proffered to upgrade the planned traffic signal
located at the subject property entrance prior to occupancy permits being issued. Staff
recommends additional measures be included in the proffers to address traffic safety
concerns during construction phases of the project. Staff has received revised. proffer
language which has addressed this issue.
• Plan Set Discrepancies - There are still some minor discrepancies that should be
corrected prior to Town Council approval. Specifically, Lot 8 does not measure 34' as per
typical lot details and Lots 1 to 15 show a depth of 90; instead of the 85' shown on
typical lot details. Staff met with the Applicant before the meeting and have received a
verbal commitment to resolve this issue.
• Recreation Proffers - Proffer IV.0 references an Active Recreation area that will be
constructed. The Proffer language is, however, incomplete. The language should read:
"Prior to issuance of an occupancy permit for the 30th unit constructed on the Property,
the Active Recreation areas denoted on the plans as proposed tot lot, play area, and open
play lawn shall be constructed and open for use by the residents." This has been
addressed and resolved.
• Substantial Conformance - References to Substantial conformance in Proffer II.A that
appeared in previous version should remain in the proffer statement. This has been
addressed and resolved.
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April 19, 2018 Minutes
Mr. Klusek gave an overview of the current site conditions, zoning history, Town Plan
amendment, rezoning application, and zoning modifications analysis. Staff findings and
recommendations are as follows:
• Town Plan Amendment - Staff can support approval based on proposed language that
provides a development alternative that mitigates potential impacts to existing residents
and will provide substantial tree preservation.
• Rezoning Application — Staff recommends a work session as the Applicant has not
adequately addressed noise issues. Staff can support approval once the noise issue is
addressed.
Christine Gleckner, Land Use Planner, Walsh Colucci, representative for the Applicant,
delivered the Applicant's presentation and would be assisted by Kevin MacWhorter, Walsh
Colucci, Ryan David, Urban Engineering, and Gary Ehrlich, Hush Acoustics. Ms. Gleckner
noted that staff had given a very thorough presentation and they concur with staff's analysis and
recommendation of the Town Plan amendment.
Ms. Gleckner discussed buffers, tree conservation, pedestrian connections, architecture, HVAC
screening, and proffers. The Applicant was not in favor of providing pedestrian connections as
they felt it would hinder their tree preservation efforts.
Planning Commission Questions and Staff and/or Applicant Response
Traffic Signal Proffer Changes and Responsibility
Staff - The change in the proffer deals with a change in the timing of construction and
what triggers the construction. Lidl has proffered the other signal. The Lidl application is
pending approval and final details are being worked through. Without Lidl, this
application does not warrant a traffic signal. If Lidl comes in first, the applicant would
need to construct the traffic signal. If Lidl does not come in, or the applicant comes in
first, no traffic signal is required.
• Trash Removal
Staff - It is unclear if the Applicant or the HOA will pay for trash removal since the Town
would be providing the service.
HOA Incorporation and Reciprocal Easement Agreement for interparcel access
Applicant - The HOA would have to comply with all Virginia HOA laws and regulations
and would have to have some type of enforcement mechanism. No matter what regime
the Applicant chooses those concerns would be addressed whether it be a reciprocal
easement agreement or some other form of incorporation.
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• Costco Rezoning and Noise Mitigation
Staff — Trucks at Costco must be parked in the main parking lot along Edwards Ferry
Road. There is no specific limitation on hours.
Applicant — The fence was installed for safety, not noise mitigation.
• Architectural Style — Two architectural styles were proffered by the applicant to afford
the applicant flexibility in selection.
Staff is of the opinion that either of the designs presented by the Applicant are consistent
with Town Plan guidance. It is the Applicant's decision.
Noise Mitigation
Staff - In the most recent conversations with the Applicant, they have proffered that prior
to the issuance of a zoning permit on lots 15 and 44 -64, the owner will submit an
acoustic study by a professional engineer which measures existing sound levels at
approximately 60 feet from the western property line for lot 15 and 180 feet from the
western property line for lots 44-64. Said study will predict interior noise levels between
the hours of 10:00 pm and 8:00 am in the bedrooms of the aforesaid lots based on the
existing sound level utilizing an hourly averaged sound level method. If said study
predicts hourly average interior noise levels of higher than 50db during this time period
the owner will design the bedrooms of any units ( 15 and 44-64) to reduce interior
average noise levels to 50db or lower.
Applicant — They are proposing to mitigate the interior noise of the units by installing
noise mitigating windows or similar techniques.
Applicant - (Gary Ehrlich, Hush Acoustics, noise engineer for the Applicant) responded
to Planning Commission questions. He explained that to date, they have not conducted
the analysis as they are still working on the methodology and determining the criteria.
Most of the units along Costco's property line are rear loaded and do not have a rear yard.
All the recreation areas are on the east side of the buildings and there are limited areas for
outdoor use on the Costco side of the site. Options to mitigate noise include installing a
fence or changing the architecture of the building. A noise wall would have to be of
significant length and height to provide much benefit. Loudoun County and Leesburg
have different criteria. There is a limit for noise level for outdoor recreations areas and
indoors. The average regulation from Housing and Urban Development 65 decibels in
rear yards and 45 decibels indoors and the Federal Highway Administration is 50
decibels indoors and 65 decibels outdoors.
Location of Houses Along Edwards Ferry Road and Noise
Staff - Relocating the houses to be along Edwards Ferry Road was a recommendation of
staff as it is consistent with the frontage of the existing Edwards Landing homes and
creates a more desirable street frontage. The ambient noise levels would be significantly
higher on Edwards Ferry Road.
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April 19, 2018 Minutes
Applicant (Mr. Ehrlich) - The reason they normally deal with average noise levels,
instead of looking at instantaneous maximum, is that research studies over the years have
found that annoyance correlates most with the average noise level. The greater average
noise level would be the traffic along Edwards Ferry road.
• Construction Noise
The Town Code allows construction between 7:00 am and 10:00 pm
Stormwater Drainage Management and Maintenance
Applicant — (Ryan David, Urban engineering, Civil Engineer for the Applicant)
responded to Planning Commission questions.
A Filterra Systems is basically a concrete box that sits behind the curb and is filled with
soil media with a tree growing up in the middle of it. The installation is expensive but
the maintenance is no different than a rain garden or any other bio -retention system.
• Affordable Dwelling Units
This was discussed in the early stages of the project, essentially looking at different unit
types. The Applicant expressed a desire to do townhouse units over multi -family which
has a more affordable quality
Public Comment
John McClung, 1121 Keokuk Terrace, NE, Leesburg, VA 20176, came forward and expressed
concerns regarding residential development on commercially zoned property and consistency
with the Town Plan.
Gem Bingol, 1508 Shields Terrace, NE, Leesburg, VA 20176, came forward and expressed
concerns regarding consistency with the Town Plan, fiscal impacts, and storm water management
and maintenance. She appreciated the tree preservation efforts.
Rob Buher, 1539 Artillery Terrace, NE, Leesburg, VA 20176, left prior to the public hearing but
voiced his concern to staff regarding the pedestrian connection as he was not in support of the
location.
Jully McQuilliams, 1205 Tennessee Drive, Leesburg, VA 20176 came forward and expressed
concern regarding the need to assure that the tree preservation area would be maintained during
construction, drainage runoff concerns, and the need to assure construction noise is not too early
or late.
Chairman Babbin closed the public hearing at 10:57 pm and it was determined to continue
discussion to a work session on June 7, 2018 with the following direction:
• Address Noise Mitigation, Pedestrian Connection and Tree Preservation
• Strengthen Proffers particularly to address noise mitgation
• Update Fiscal Analysis
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• Add Units 1-14 to the noise study
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
None
COMPREHENSIVE PLANNING
None
STAFF AND COMMITTEE REPORTS
None
SRTC REPORT
Commissioner Robinson stated that there was nothing to report.
OLD BUSINESS
Commissioner Kidder moved to reconsider a vote taken earlier in the meeting to hold a work
session on May 1 to discuss food trucks and tents and shade structures.
Chairman Babbin amended the motion to include the language "we will move the meeting to
May 10"".
Commissioner Lanham seconded the amended motion.
Vote: 4-3 (Nay, Babbin, Faliskie, and Walker)
It was determined to change the start time to 6:00 pm on May 10th
NEW BUSINESS
Commissioner Kidder informed the Commission that the Tree Commission along with the
support of the Environmental Advisory Commission is looking into asking Town Council to
establish a Tree Ordinance. She asked the Planning Commission if they would like to join the
Tree Commission in this recommendation.
It was determined to add a discussion item on this topic to a future agenda.
ADJOURNMENT
The meeting was adjourned at 11:24 PM
Ap roved by•
ar n icalese, ommission Clerk
on Babbin, Chairman
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