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