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HomeMy Public PortalAbout05 03 2018 PC MinutesThe Mown of Lees6urg in Virginia Leesburg Planning Commission Meeting Minutes May 3, 2018 The Leesburg Planning Commission met on Thursday, May 3, 2018 in Town Hall Council Chambers, 25 West Market Street, Leesburg, VA 20176. Staff members present included Susan Berry -Hill, Eileen Boeing, Betsy Arnett, Bill Ackman, Chris Murphy, Rich Klusek, Shelby Caputo, and Debi Parry CALL TO ORDER The meeting was called to order at 7:00 pm by Chairman Babbin. Members Present: Chairman Babbin, Commissioners Barnes, Faliskie, Kidder, Lanf11am, Robinson., and Walker. Council Member Campbell was also in attendance ADOPTION OF AGENDA The agenda was amended to move the Annual FOIA/COIA Training ahead of the public hearings. Motion: Commissioner Lanham Second Commissioner Walker Vote: 7-0 APPROVAL OF MINUTES April 5, 2018 Motion: Commissioner Kidder Second: Commissioner Lanham Vote: 7-0 April 19, 2018 There was a revision made to these minutes to correct a typo on Page 3. Motion: Commissioner Lanham Second: Commissioner Walker Vote: 7-0 DISCLOSURE OF MEETINGS Chairman Babbin disclosed a brief conversation with Chris Gleckner regarding the procedure for tonight's Eastern Gateway District Small Area Plan public hearing. CHAIRMAN'S STATEMENT None PETITIONERS 1 Leesburg Planning Commission May 3, 2018 Minutes None PUBLIC HEARING TLOA-201.8-0003 Fireworks Stands Zoning Ordinance Amendment Public Hearing, Chris Murphy, Sr. Planning Project Manager Chairman Babbin opened the public hearing at 7:22 pm. Mr. Murphy explained that this was a Zoning Ordinance text amendment to consider extending the durational limit associated with the sale of fireworks traditionally associated with annual Independence Day celebrations. The ordinance amendments being presented in this report will make the following changes: • Fireworks Stands will be established as a separate individual use and removed from the catch-all "Carnival, Circus, Festival, Fair, Dog Show, Horse Show, Outdoor Retail Sales Event, Fireworks Show, Tent Revival or Similar Meeting" with its own set of minimum use standards, including a change in duration from two 10 consecutive day occurrences in any six month period to a maximum of 30 consecutive days in any 12 month period. • The title of "Carnival, Circus, Festival, Fair, Dog Show, Horse Show, Outdoor Retail Sales Event, Fireworks Show, Tent Revival or Similar Meeting" will be revised to consistently reflect terms used in the preceding ordinance section listing permitted temporary uses. Mr. Murphy concluded staff's presentation with a recommendation of approval as presented in the May 3, 2018 Staff Report. Planning Commission Questions and Staff Response: Clarification of the impact of the proposed changes. — Mr. Murphy explained that currently fireworks stands are issued permits under the outdoor retail sales event use listing which is grouped in with other uses under 9.5.4.0 that have a durational limitation of 10 consecutive days in any 6 month period. Previous zoning- staff were consolidating the two ten-day events into one 20 -day event in a twelve month period which is contrary to the ordinance. This amendment is codifying and putting into law what has been the practice and malting it legal. What is the reason for the extension from twenty days to thirty days and how many thirty day periods are allowed in a year? — If approved, the new Zoning Ordinance provisions would allow an applicat to apply for a zoning permit to have a fireworks stand for thirty continuous days in a twelve month period or to seek multiple permits during the year not to exceed a total of thirty days in a twelve month period. How is the duration controlled? — The zoning permit lists the dates permissible and staff can reference the previous permits issued to determine the appropriate duration. Public Comment: None Leesburg Planning Commission May 3, 2018 Mlllutes Chairman Babbin closed the public hearing at 7:30 and solicited Plaruling Commission comments and discussion. Concerns expressed included durational controls and limiting sales to June 4"' — July 0' Commissioner Kidder moved that Zoning Ordinance Amendment TLOA 2018-0003 Fireworks Stands as a Temporary Use in Commercial Districts be forwarded to the Town Council with a recommendation of approval, on the basis that the amendments further the objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. Commissioner Faliskie seconded the motion and the motion carried by a vote of 7-0. Discussin was continued to a work ssession , Rich Klusek, Sr. Planner Chairman Babbin opened the public hearing at 7:36 pm and invited staff to make their presentation. Mr. Klusek explained that this application proposes to add a chapter to the Town Plan to provide more specific guidelines for development of the East Market Street Corridor. The additional chapter will serve as a Small Area Plan. This plan is intended to serve as an economic development tool. It addresses changing economic development trends and the shift away from campus style office development that were supported by previous planning efforts. The overall goal of maintaining opportunities for economic development has not changed. In addition, the Small Area Plan helps address goals of creating a more attractive eastern gateway into the Town. This Small Area Plan is recognized as a Small Area Comprehensive Plan as described in Va. Code § 15.2-2303.4.E and is designated as a revitalization and redevelopment area, doing the following: 1. Setting the stage for the long-term redevelopment of the District in an urban pattern and form. 2. Providing community stakeholders a reasonable expectation of how the Small Area Plan will look and function in the future. 3. Respecting the character of Leesburg's historic downtown while providing a transition to more automobile -oriented parts of the community. 4. Developing a setting for a true mixture of uses that recognizes Leesburg's role as a center of retail, office, and residential uses for Loudoun County. Mr. Klusek gave a brief background overview noting that the Planning Commission began discussing the plan beginning on May 17, 2017 and had discussions about the Plan content at 7 prior meetings. The first complete draft of the plan was presented to the Planning Commission on November 16, 2017 and a total of 5 work sessions have been held since then to refine key elements of the Plan. The current draft includes a minor revision to the Development Process Objectives to provide additional flexibility with regard to a specific zoning approach. 3 Leesburg Plarming Commission May 3, 2018 Minutes Incorporating the document into the Town Plan will necessitate some minor changes to the overall Town Plan like amending the Planned Land Use Map, updating the Roadway Network Policy Map, renaming the Community Commercial designation to Neighborhood Center, and making minor policy revisions to reflect new information and concepts in the Small Area Plan. Mr. Klusek discussed approval criteria and summarized that staff believes that the Small Area Plan and associated amendments implement existing policy guidance in the Town Plan and further the economic development objectives of the Plan. Staff finds that the proposed amendment is largely consistent with the criteria in TLZO Sec 3.16.50. and is of the opinion that the interests of the Town and its citizens are best served by approval of the proposed Town Plan Amendment based on the following findings: A. The :plan amendment addresses the Zoning Ordinance criteria to justify the Town.. Plan Amendment as proposed. B. The proposal furthers Town Plan economic development policies by allowing new types of development to capture economic development opportunities. C. The land uses associated with the Town Plan Amendment can be accommodated with the proposed transportation infrastructure and roadway network. D. The proposed land uses associated with the plan are generally desirable based on public input received during the planning process. Mr. Klusek ended his presentation with staff's recommendation to forward this application to a work session for further discussion and to address any comments that may arise at the public hearing; however, staff would be able to recommend approval should the Planning Commission feel that no further discussion is necessary. Planning Commission Questions and Staff Response: Why was the Community Commercial Designation changed to Neighborhood Center? — It was felt that the name Neighborhood Central was more reflective of what was envisioned for this area. There is a true neighborhood center in Potomac Station and as such, the draft Area Plan depicts the property as such with this land use category. With respect to the mixed use land use designation, why are specific areas of the planning area segregated out and limited to specific uses? — There are 2 areas with the mixed use designation, the existing Village at Leesburg property and the Peterson property. The mixed use designation acknowledges the existing mixed use development at Village at Leesburg and the proposed future land on the Peterson property. The mixed use designation in the draft Area Plan acknowledges the current Town Plan designation of Regional Office. What is the purpose of a work session? — At our last work session there were some decisions that were made to essentially make sure that this draft was ready to go to a public hearing. There were a couple of issues that staff believed the Planning Commission still wanted to address and 0 Leesburg Planning Commission May 3, 2018 Minutes there may be some comments from the public tonight that you also may want to address. If there is nothing to address, staff feels it can move forward to Town Council. What do you consider to be the Community Core in the Village at Leesburg Development? It was staff's estimate that generally it was close to a 1.0 FAR (Floor Area Ratio) overall. Public Comment: Jay Meadows, Meadows Nursery, East Market Street, Leesburg, VA, came forward and expressed concern regarding their ability to stay in this location and be a part of the implementation due to the Battlefield Interchange Project which will result in the closing of their Route 7 entrance and provide for unreasonable access to their property. He was in support of what is shown in the plan as it will allow access to the nursery from the existing Clarion Hotel and he would be willing to consider this a temporary entrance until this plan can be implemented and the community adjusts to this new vision. Taylor Chess, Peterson Companies, 1002 East Market Street, Leesburg, VA, came forward and expressed concern regarding the ability of the interchange to mitigate impacts and questioned whether community core and prescribed densities are viable in this area while still meeting the Town's transportation level of service expectations. The impact of the interchange design has required that they now consider a single use environment rather than the mixed use environment contemplated by this small area plan. They remain committed to working with staff on a sustainable option. Charlie Kieler, Kettler, 75 Plaza Street, NE, Leesburg, VA, came forward as the owner of the property south of Route 7 and east of Crosstrail Boulevard and expressed concern regarding staff's land use designation of light industrial/office for this property as he felt that the designation should be compatible with the Village at Leesburg. He requested that the land use designation be changed from light industrial/office to mixed-use, Kevin MacWholer, Land Use Attorney, Walsh Colucci, Representative for Kettler, came forward and expressed concern that the impacts of the powerlines and the presence of the quarry is over estimated and the designation of light industrial/office can eliminate the opportunity for the Town to have a great mixed use development at this location. Christine Gleckner, Land Use Planner, Walsh Colucci, Representative for Kettler, came forward and explained that Kettler desires a mixed use, higher density, residential designation for this land bay to provide an extension of the Village at Leesburg. She expressed concern that the impact of truck traffic was also overestimated. Neil Steinberg, Leesburg Resident, came forward and expressed concern that the revised small area plan, as directed by the majority of the Planning Commission, contained substantial changes Leesburg Planning Commission May 3, 2018 Minutes that run counter to the desired goal which is to manage the area as the residents see fit. A management plan that does not manage is useless. It was his recommendation that the Commission forward the draft plan they reviewed, prior to the current changes, to Town Council, Randall Hamlet, stated that he was the owner of a small parcel in the eastern gateway area and he noted that he had committed to making the old stone house, currently located on his property, a part of the eastern gateway view. Bob Bunch, co-owner of the 6 acre parcel with direct southern access located next to Meadows Farm, came forward and wished to second Mr. Meadows comments. The plan, as it exists, is inadequate for their future alternative access once they lose the Route 7 access. He believed that there were alternatives with minor modifications that could be in everybody's best interest, including VDOT and the Town of Leesburg. He suggested the Commission consider a work session to hear more comments from Meadows, Avant and Edens to discuss better options for future access. He expressed concern regarding the economic viability of access from Potomac Station Drive, Chairman Babbin called for additional questions for staff from the Planning Commission. How does the proposed transportation plan differ from the existing Town Plan? — The current Town Plan has Keystone Drive and the small area plan adds an additional road, essentially through the Potomac Station shopping center. In the more long term, an extension up to the Clarion Hotel is planned to allow Route 7 to fulfill its ultimate vision which is to be a limited access highway. Does Keystone Drive provide an entrance to Route 7 or a fly -over? — Previously Keystone Drive was shown as a fly -over on Route 7. The Lowes application removed the fly -over and Keystone Drive will become a cud -de -sac on the north and south sides of Route 7. Will the Giant Shopping center be re -developed? — No, there will be a road comiection from Battefield through the shopping center parking area that will connect to the properties east of the shopping center. It will circumvent the existing buildings. When will the planned access be constructed to provide access to businesses? — As soon as someone takes the initiative to build it. Right now, there is nothing blocking access to the Clarion Hotel, but there might be an initiative associated with the interchange project to provide access to properties that will experience limited access after the interchange is constructed. Where is the access road envisioned to be? — The Route 7 frontage road will run from Keystone Drive to the Clarion Hotel . Where does Russell Branch, on the County map, cross the Kettler property? — Staff was not aware of the exact alignment. Russell Branch in Leesburg is eventually envisioned to connect to the existing Russell Branch facility in the County. 0 Leesburg Planning Commission May 3, 2018 Minutes If the Planning Commission decides to go to a work session would staff be able to meet with the 3 land owners that spoke at the meeting to discuss what, if anything, could be done within the small area plan to provide access for those locations? - Staff has met with Mr. Meadows and Mr. Bunch's managing partner, Joe Kitka, and would be willing to meet with them again to discuss their concerns. Based on petitioner comments regarding the Village at Leesburg FAR has staffs opinion changed that the community core should be .05 to 3.0? — Staff did not believe so, the numbers referred to also included uses like Wegmans and L.A. Fitness which are single story retail stores. These uses contribute to a lower FAR. Chairman Babbin closed the public hearing at 8:40 pm and solicited discussion and comments from the Commission members. She asked that the members consider the following 3 questions when making their comments: • Are you ready to vote tonight? • If not, what are the specific issues you would like to discuss in work session? • Would the format of the work session be a discussion with stakeholders and staff or would you prefer to have the work session in the Council Chambers with staff? It was the general consensus of the Commission to defer action and continue discussion to a work session with staff to be scheduled for June 21, 2018. The Planning Commission wished to leave more information/clarification on the following items: • FAR ratios for the Village at Leesburg • Clarification on the allowable uses for the Kettler property • Light industrial/office versus mixed use ® County land use designations on the east end bordering the Town limits Affordable housing and types of housing allowable in proximity to power lines Transportation impacts of Battlefield interchange — specifically what, if anything, could be done within the small area plan to address property owner's concerns regarding the loss of Route 7 access once the interchange is built. • Transportation Plan in the small area plan and how it ties into the Town Plan • Connectivity and pedestrian connections to ensure walkability • Synopsis of stakeholder comments and concerns • Encouraging public awareness and input SUBDIVISION AND LAND DEVELOPMENT None ZONING None 7 Leesburg Planning Commission May 3, 2018 Minutes COMPREHENSIVE PLANNING None STAFF AND COMMITTEE REPORTS FOIA/COIA Media Annual Training — Eileen Boeing, Clerk of Council and Betsy Arnett, Public Information Officer Ms. Arnett and Ms. Boeing gave a brief overview of the role and responsibilities of Boards and Commissions members and Staff Liaisons, public meetings procedures, media relations, records retention, social media, and FOIA/COIA requests. TOWN COUNCIL LIAISON REPORT Mr. Campbell explained that he viewed his role as liaison was not only to inform the Commission on Council activity but to relay Planning Commission action and discussion to Council so that all voices of the Commission are heard. The Battlefield Interchange project was discussed at the last session and there is a Northern Virginia Transportation meeting on May 10t", which members of Council will be attending to appeal for our priority for funding. The actual vote will not take place until June. SRTC REPORT None OLD BUSINESS None NEW BUSINESS Meeting Schedule for July and August It was determined to hold a meeting on July 5"' and to defer decision on whether or not to hold the August 16"' meeting to a later date. ADJOURNMENT The meeting was adjourned at 9:22 PM Ap roved by: ar n Cicalese, Commission Clerk Sharo Babbin, Chairman