HomeMy Public PortalAbout05 10 2018 PC MinutesThe Town of Leesburg in Virginia
Leesburg Planning Commission
Meeting Minutes
May 10, 2018
The Leesburg Planning Commission met for a Special Meeting on Thursday, May 3, 2018 in
Town Hall Council Chambers, 25 West Market Street, Leesburg, VA 20176. Staff members
present included Susan Berry -Hill, Chris Murphy, 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 Faliskie, Kidder, Lanham, Robinson, and
Walker.
Absent: Barnes
Council Member Campbell was also in attendance
ADOPTION OF AGENDA.
Motion: Commissioner Walker
Second Commissioner Lanham
Vote: 6-0-1 (Barnes absent)
DISCLOSURE OF MEETINGS
None
CHAIRMAN'S STATEMENT
None
PETITIONERS
Curtis Allred, Co-owner & Proprietor, Delirium Caf6, arrived after the Petitioners Section and
the Commission allowed him to speak during the Food Trucks public hearing. He noted his
support of the tents and shade structures amendment. He apologized for the size of tent he
placed on the property during the April First Friday weekend. As it relates to the food trucks, it
was his opinion that having a clearly defined perimeter around the food truck could be
enforceable. The amount of space needed around a human in a restaurant is 6 feet.
PUBLIC HEARING
None
SUBDIVISION AND LAND DEVELOPMENT
None
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ZONING
TLOA-2017-0005 Tents and Shade Structures Work Session, Mike Watkins, Assistant
Zoning Administrator
Mr. Watkins explained that this work session follows the public hearing which was held and
closed on April 19, 2018 and was scheduled to address the following comments and questions
raised by the Planning Commission at the public hearing:
• Heights of existing tents in the Downtown at 14 Loudoun and the Birkby House
Mr. Watkins explained that he had put out a request to the property owner of 14 Loudoun
and had not received a response. The tent at the Birkby House is twenty feel in height.
• Clarification on the Shoes site and proximity to residential uses
Mr. watkins explained that to the north of the site is the R -HD Zoning District and the
south of the site is the B-1 Zoning District. The closest residential buildings are 155 feet
to the north and 110 feet to the west. .
• Provide an illustrative that shows the location of eating establishments and
residential zoning districts.
Mr. Watkins provided a graphic of Loudoun Street and explained that no tents would be
permitted as the eating establishments can't remove on-site parking to create areas for
tents and shade structures.
• Clarification of the Delirium site and rear yard determination
Mr. Watkins explained that the ordinance addresses required yards and rear yards and this
criteria is used in determining how the ordinance is applied to a property. Zoning staff
has made the determination that the area that fronts along Loudoun Street SW is a rear
yard and a tent would be permitted in a rear yard.
• Clarification of the Black Walnut and potential use of a tent in the side yard
Mr. Watkins explained that there was not a suitable area to locate a tent in the side yard
however, a tent could be located in the rear yard.
• Clarification of the MacDowells Brew Kitchen site
Mr. Watkins explained that accessory structures can't be located in the front yard
however, a tent could be located interior to the property.
Planning Commission Questions and Staff Responses:
• Are there any restaurant/brewery properties that currently would not be allowed to
have a tent but could be allowed to have a tent if side yards were included as
allowable areas?
Mr. watkins explained that based on the uniqueness of the properties, most would be
allowed to have a tent in the rear yard. In very rare occasions a tent can be facilitated in a
side yard.
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• Can the ordinance be amended to prohibit tents on rear yards that front on a main
street such as Loudoun Street?
Mr. Watkins responded that it could be written into the ordinance. There are other
sections of the ordinance that specifically address specific streets. In the B-1 there are
references to required yards based on the lot fronting certain streets. The same thing can
be done in this instance by inserting a foot note.
• Does this ordinance only pertain to the B-1 and if so why not the Town as a whole?
Mr. Watkins responded that the initiation was specific to eating establishments in the B-1
district.
• Can the flaps be removed for use of the tent as a shade structure?
Mr. Watkins explained that the tent structure would need to be removed and a shade
structure be re -erected. A tent is not considered to be the same as a shade structure and
they would receive separate permits and would need to be completely removed,
inspected, and reinstalled.
• Was section 3.10.1.0 regarding additions to existing buildings and structure, and
Certificates of Appropriateness unaltered?
Mr. Watkins replied that was left on the dais for the Commission to opine. Staff
recommends reinserting this language into the draft ordinance.
• If the Planning Commission voted to recommend the ordinance as drafted with the
75% coverage will staff continue to recommend 50%.?
Mr. Watkins responded that staff would make an alternative recommendation of 50% in
the staff report prepared for Town Council.
• Would it be appropriate for the Planning Commission to recommend that Council
extend this ordinance Town wide and not just limit to the B-1?
Mr. Watkins clarified that the initial request came from the downtown business owners.
The Commission can include this recommendation and transmit it along with their
recommendation on tents and shade structures in the B-1.
• Can the ordinance be written to add waterproof to allowable materials for shade
structures?
Mr. Watkins replied that it could.
There was general consensus amongst Planning Commission members to incorporate clarifying
language to address storage and conditions of the structure (no rips, tears, duct -tape) upon
reinstallation.
A minority opinion was expressed in opposition to the language changes presented in the April
19th public hearing staff report that were the result of Planning Commission direction approved
by a 4-3 vote and included the following:
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• The elimination of BAR review
• Extending time periods for structures to 5 and 6 months
• Increase in the amount of yard space that may be covered
• Decrease in the amount of buffer space between adjoining properties
Opposition to the revised regulations was based on the following:
• A 5 foot setback from a side or rear property line and the lack of landscaping
requirements is insufficient to protect neighboring properties from lights, noise, and
negative visual impact
• The use of 75% coverage as opposed to 50% makes that structure less subordinate to the
principal structure
• The elimination of BAR review and the increased duration of the use fails to protect the
historic fabric of downtown Leesburg
This opposition was supported by one other Commissioner who also expressed concern
regarding administrative approval as it eliminated public input.
Chairman Babbin moved that Zoning Ordinance Amendment TLOA-2017-0005 establishing
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 be forwarded to 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 provided however, that
the draft ordinance as contained in the April 19, 2018 staff report as amended by the 1 page
correction labeled Section 3.10 Certificate of Appropriateness H-1 Overlay Historic District be
further amended to state, prior to submission to Town Council, to allow tents in both rear and
side yards, and that the sections 2 and 3 from the May 10, 2018 staff report be incorporated into
the draft ordinance.
Commissioner Lanham seconded the motion and the motion carried by a vote of 4-2-1 (Nay:
Kidder and Robinson, Absent: Barnes).
Commissioner Faliskie moved to recommend to Town Council that they consider a tent and
shade structure ordinance for the remainder of the Town.
Chairman Babbin seconded the motion and the motion carried 6-0-1 (Absent: Barnes)
Commissioner Robinson moved to include tents and shade structures for ball fields, hospitals,
etc., or to other entities looking for shade structures.
Mr. Watkins clarified that currently shade structures and tents are not in the ordinance with the
exception of temporary uses and business special events and would apply for a limited duration.
Commissioner Kidder seconded the motion and the motion carried by a vote of 6-0-1 (Absent:
Barnes)
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TLOA-2018-0002 Food Trucks in Commercial Districts Work Session, Chris Murphy, Sr.
Planning Project Manager
Mr. Murphy explained that if adopted, these amendments will permit Mobile Food Units as a
Temporary Use on private property with in "B" Zoning Districts and within the commercial sub -
districts CD -C and CD -CC of the Crescent Design District. The Planning Commission held
and closed the public hearing on April 19, 2018 and raised the following concerns were raised
during the Commission's discussion on the proposed amendments:
• Does the ordinance limit mobile food units to locate on private properties only?
My Murphy explained that the ordinance specifies private property only.
• Could mobile food units occupy and vend from a vacant property?
Mr. Murphy explained that would not be permissible as mobile food units will be
specified as accessory uses on private non-residential commercial properties which are
appurtenant to the principal use.
• Will vendors be required to obtain written permission from the property owner(s)?
Mr. Murphy explained that the temporary use permit for mobile food units will be issued
to the vendor giving them license to operate within those districts where mobile food
units are permissible.
• Are 24 hour operations possible?
Mr. Murphy explained that this could be possible due to the hours of operation being tied
to the principal use.
• Is a single parking space adequate? Should 2 spaces minimum be required?
Mr. Murphy explained that the ordinance itself has no restriction on mobile food units
using more than 1 parking space as long as those spaces aren't necessary to meet the
minimum parking space requirement for the principal use. The intent is that the units are
parked legally and not blocking travel ways, ingress/egress for vehicles and pedestrians
entering or leaving the property, rights-of-way or parked on lawns, buffers or open space
areas.
• Are there any "surplus" parking spaces at Black Walnut Brewing or Loudoun
Brewing Company pursuant to proposed Section 9.5.4.F.2.f.?
Mr. Murphy explained that there are no surface parking spaces at Black Walnut Brewing
although a reduction of parking space could be granted by the land development authority
upon justification pursuant to Zoning Ordinance Section 11.4.4b which is for properties
that are redeveloped for non-residential uses more than 500 feet from a public parking
facility. With respect to Loudoun Brewing Company, it is unknown presently as to
whether there are any surplus parking spaces as it is located at the Shops at Dodona
Manor and this lot supports Loudoun Brewing Company, the Shops at Dodona Manor,
and the George Marshall Center. The owner's agent is currently working with staff to
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determine the minimum parking requirements for all these uses for the purpose of
drawing up a shared parking agreement to bring this property into compliance.
• Can an area of the downtown be demarcated to restrict mobile food units in an
effort to protect brick -and -mortar restaurants?
Mr. Murphy explained that the boundaries suggested by Chairman Babbin create a
situation where similarly situated properties are being treated differently within the same
zoning district. This is ill-advised by staff as it could potentially expose the Town to
legal challenges. Chairman Babbin had expressed the intent to protect brick and mortar
restaurants in the downtown which could be a legitimate governmental concern.
However, those protections should be extended throughout the zoning district and not a
portion thereof.
Shelby Caputo, Deputy Town Attorney, addressed the Planning Commission and explained the
Town Attorney's legal opinion on the proposed boundaries. Ms. Caputo sited the 1975 Virginia
Supreme Court Case 216 Va. 128 James City County Board of Supervisors versus Rowe which
basically stands for the proposition that a governing body may not consider solely aesthetic
factors. We do have Virginia Code 15.2-2306 that specifically allows governing bodies to set up
historic districts and control the aesthetic factor. However, in this instance we are not talking
about structures, we are talking about vehicles and food trucks are vehicles as defined in the
Zoning Ordinance. There must be a legitimate government interest and the zoning ordinance
must be rationally related to said legitimate government interest. She advised the Planning
Commission, if they chooses to recommend the proposed boundary, to come up with some other
reason to provide a legitimate government interest. The aesthetic factor for a vehicle does not
apply in this instance and neither does the sole reason to protect the brick -and -mortar restaurants
in the downtown.
Concerns expressed by the Planning Commission included the following:
• The lack of a requirement for the vendor to prove that they have the owner's permission
to locate on a property
• Parking space requirements and the limitation that it be on paved surfaces only
• The required perimeter around the food truck so as not to obstruct right-of-ways, travel
ways, and required parking
• Shared parking agreements
• Prohibition of locating in the right-of-way
• Revocation process
• Location in relation to a public parking facility
• The proposed boundary and the allowance of food trucks in the historic district in any
location
Chairman Babbin moved that Zoning Ordinance Amendment TLOA-2018-0002 Mobile Food
Units 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
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practice with the proviso that the provisions of the ordinance be as shown on the red -lined
version that is labeled Mobile Food Unit Ordinance Amendment — Planning Commission
Changes that is on the dais at our May 10° 2018 meeting.
Ms. Caputo asked the Chair to consider, in her motion, striking the portion that says "in order to
protect the appearance of the core of the historic district".
Chairman Babbin responded that she was agreeable to striking this language and amended her
motion to incorporate this change.
Commissioner Lanham seconded the motion.
Commissioner Robinson asked to amend the language in Section La to strike "a specific" prior
to private property.
Chairman Babbin and Commissioner Lanham accepted the proposed amendment and the motion
was amended and seconded to incorporate that change.
The amended motion carried on a vote of 4-2-1 (Nay: Kidder and Robinson Absent: Barnes)
Chairman Babbin moved that the Planning Commission send to Town Council the Commission's
recommendation that if they choose not to adopt the borders spelled out in the motion that just
passed, it is the recommendation of the Planning Commission that food trucks not be allowed at
all in the B-1 District.
Commissioner Kidder seconded the motion and the motion carried by a vote of 4-2-1 (Nay:
Lanham and Kidder, Absent: Barnes)
COMPREHENSIVE PLANNING
None
STAFF AND COMMITTEE REPORTS
Information Item — Town Plan Comprehensive Update — Action Steps
Susan Berry -Hill, Director, Planning and Zoning informed the Commission that she was passing
out an Information Memo on the Town Plan Comprehensive Update — Action Steps that was
included in the Council Packet for the May 14th work session.
SRTC REPORT
None
TOWN COUNCIL LIAISON REPORT
None
OLD BUSINESS
None
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NEW BUSINESS
None
ADJOURNMENT
The meeting was adjourned at 8:30 PM
r
Approved by:
*KarCicalese, Commission Clerk Sharon Babbin, Chairman