HomeMy Public PortalAbout06 07 2018 PC MinutesThe Town of Leesburg in Virginia
Leesburg Planning Commission
Meeting Minutes
June 7, 2018
The Leesburg Planning Commission met on Thursday, June 7, 2018 in Town Hall Council
Chambers, 25 West Market Street, Leesburg, VA 20176. Staff members present included Susan
Berry -Hill, Brian Boucher, Rich Klusek, Shelby Caputo, and Karen Cicalese.
CALL TO ORDER
The meeting was called to order at 7:00 pm by Chairman Babbin
Members Present: Vice Chair Lanham, Commissioners Barnes, Faliskie, Robinson, and Walker.
Commissioner Kidder arrived at 7:04
ADOPTION OF AGENDA.
Motion: Commissioner Lanham
Second: Commissioner Walker
Vote: 6-0-1 (Kidder not present for the vote)
APPROVAL OF MINUTES — May 17, 2018
Motion: Commissioner Walker
Second: Commissioner Lanham
Vote: 6-0-1 (Kidder- not present for the vote)
DISCLOSURE OF MEETINGS
Chairman Babbin and Commissioner Robinson disclosed emails from Molly Novotny regarding
the Russell Branch Retail application.
CHAIRMAN'S STATEMENT
Chairman Babbin noted the beautiful evening weather and the Stanley Cup Hockey Game which
was being played later in the evening and stated that the Commission will try to work very
efficiently and quickly.
PETITIONERS
John McClung, 1121 Keokuk Terrace, NE, Leesburg, VA 20176 came forward to note his
opposition to the River Creek application being discussed at a work session later in the evening.
He asked that the Commission consider delaying action until such time as differences can be
reconciled amicably. If not, and action is taken at this meeting he requested the Commission
forward a recommendation of denial. It was his opinion that once this application moves
forward and becomes approved, the Town loses some of its ability to ensure that this property is
developed in a matter that is consistent with the needs of and the overall good of the community
as a whole. He expressed concern regarding the fiscal analysis as he felt the data was not from
the best sources and questioned its validity.
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June 7, 2018 Minutes
PUBLIC HEARING
TLTA-2018-0001 Russell Branch Retail Town Plan Amendment, Rich Klusek, Sr. Planner,
Planning and Zoning
Chairman Babbin opened the public hearing at 7:10 pm and invited staff to make their
presentation.
Mr. Klusek gave an overview of the proposed Town Plan amendment which is known as
application TLTA-2018-0001 and is a request by Russell Branch Retail LC to amend Optional
Use and Design criteria #21 for land designated as Regional Office in the Town Plan. The
proposal would replace existing Town Plan language providing optional uses with new language.
Mr. Klusek further explained that concurrent with this Town Plan Amendment application, the
Applicant has also submitted a separate Rezoning Application (TLZM-2018-0003) and Special
Exception applications. Collectively, these applications seek to revise the proffers and concept
plan for the subject property. The rezoning and special exception applications are currently being
reviewed by Town Staff and are anticipated to be the subject of a future Planning Commission
Public Hearing. However, the Town Plan Amendment component of the application is being
brought forward first to allow for the remainder of the application to be reviewed according to
proposed Town Plan language rather than existing policies which are not consistent with what
the Applicant is proposing. Details of the Applicant's special exception and rezoning
applications are not a subject of the Planning Commission's review at this time.
The proposed amendment is consistent with the policies and overall guidance in the draft Eastern
Gateway District Small Area Plan. While the Applicant is fully aware of the Small Area Plan
efforts, they have made a decision to propose this plan amendment based on their desired project
schedule and in recognizing that the more complex Small Area Plan may take longer to be
approved.
Mr. Klusek concluded his presentation with staff's recommendation of approval noting that staff
believes that the proposed Town Plan Amendment is consistent with what is proposed for the
subject property in the draft Eastern Gateway District Small Area Plan. This proposal is believed
to be reasonable based on a review of existing land use patterns and the desire to further the
economic development objectives of the Plan. Staff finds that the proposed amendment is
consistent with the criteria in TLZO Sec 3.16.5.
Molly Novotny, Urban Planner, Cooley, LLC, Representative for the Applicant, Peterson
Companies, delivered the Applicant's presentation. Ms. Novotny gave a history of this property
as it relates to the Eastern Gateway District Small Area Plan currently under review by the
Planning Commission. She noted that the Applicant supports the language in the Draft Eastern
Gateway District Plan for this southeast quadrant however, due to contractual obligations on
behalf of the Applicant, they can't wait for the Eastern Gateway Plan to continue the process in
the hopes it meets their deadlines. She explained that in order to move forward with the
rezoning, they are requesting to amend criteria 21 of the Town Plan for this area to remove the
11 detailed criteria and replace with the 2 proposed. The language they have proposed is fully
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June 7, 2018 Minutes
consistent with the language in the Eastern Gateway Plan. Once this has been approved, the
rezoning and special applications will follow.
Planning Commission Questions and Staff/Applicant Reponses
What is the process moving forward with the rezoning?
Ms. Novotny explained that previously, applicants would submit applications for a Town Plan
Amendment concurrently with a rezoning application. Town Council has adopted a process that
allows a review and action on the Town Plan Amendment prior to bringing the rezoning and
special applications forward.
Doesn't this proposed amendment address the declining need for regional office?
Mr. Klusek explained that the proposed amendment is not precluding regional office, it is just
providing additional options to get development on that site sooner.
Will the Eastern Gateway District Small Area Plan, once adopted, supersede this Town
Plan Amendment?
Mr. Klusek responded that it would.
Ms. Novotny explained that the Applicant is aware that the Eastern Gateway Plan would
supersede this amendment which is why they have mirrored their intent of the proposed Town
Plan amendment to follow the intent of the Eastern Gateway Plan under review.
Clarify what the statement "All development should maintain the long term potential for
main street roadway connecting to the Village at Leesburg" listed in the Statement of
Justification means.
Mr. Klusek explained that the Eastern Gateway District Plan depicts a roadway running through
this parcel and through the Lowes building and staff wants to prevent new development from
precluding the option to have this design. The current Town Plan has that roadway in it as well.
Why are certain criteria, such as architectural detail being removed?
Mr. Klusek explained that they are being removed to increase flexibility and development
potential on the property and to gain tax revenue sooner.
Does this conflict with the small area plan in terms of ease of parking versus walkability
and buildings located near the roadway?
Mr. Klusek. responded that it did not as the small area plan designates this particular site as
regional retail.
Clarify the statement in the applicant's Statement of Justification that says "There is
demand for commercial development but not for the current entitlement which has no
demand".
Ms. Novotny explained that the current entitlement requires office and there is currently no
demand for office at this site.
Will the proposed development screen Route 7 traffic from the sewage treatment facility?
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Mr. Klusek responded that it might, but staff has not looked at that detail as it would be reviewed
as part of the rezoning application.
Public Comment
None
Chairman Babbin closed the public hearing at 7:35 and solicited additional discussion from the
Planning Commission members.
Commission Lanham moved that Town Plan Amendment TLTA-2018-0001 Russell Branch
Retail, amending Optional Use and Design Criteria #21 for land designated as Regional Office in
the Town Plan be forwarded to the Town Council with a recommendation of approval on the
basis that the amendment meets the Approval Criteria of TLZO Section 3.16 and will serve the
public necessity, convenience, general welfare and good planning practice based on the findings
as provided in the June 7, 2018 Planning Commission Staff Report.
Commissioner Faliskie seconded the motion.
A minority opinion was expressed in opposition to the proposed amendment due to concerns
regarding additional retail and the strain on the community's economy to support it,
transportation and traffic concerns, lack of walkability, and the need to maintain land for office
type uses.
The motion carried by a vote of 6-1 (Nay — Robinson)
TLOA-2017-0004, Downtown Parking Work Session, Brian Boucher, Deputy Director,
Planning and Zoning
Chairman Babbin opened the public hearing at 7:40 pm.
Mr. Boucher gave an overview of the amendments initiated for consideration and staff's
recommendation as follows:
1. Reduce parking rates in the B-1 District for multifamily residential uses.
Staff Recommendation: Same as initiated
2. Reduce parking rates in the B-1 District for nonresidential uses by creating a single
parking standard (1.0 space per 400 s.f.).
Staff Recommendation: No universal standard. Instead:
• Office: 1.0 space per 400 s.f.
• Retail: 1.0 space per 285 s.f.
• Restaurant Outdoor Seating: No additional parking required for up to 20 outdoor
seats
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3. Off-site Agreement Option — increase the walking distances for Residential and Non-
residential uses in the H-1 Overlay District from 300 and 500 feet respectively to 1,000
feet for all uses.
Staff Recommendation: Same as initiated
4. Require no parking anywhere in the B-1 District for conversion of an existing building to
a nonresidential use.
Staff Recommendation: Maintain the current exemption of 500 feet from a municipal
parking facility. That is, do not change the current ordinance standard.
5. Increase Payment in -Lieu option for residential uses to include entire H-1 District with a
"round the block" parking study requirement and Director of Planning approval
Staff Recommendation: Do not recommend this amendment. Instead:
• Permit residential uses to purchase required spaces up to a maximum of 10 spaces
if the site is within 500 feet of a municipal parking facility.
6. Clarification for Replacement of Displaced Parking.
Staff Recommendation: Same as initiated
7. Payment in -Lieu purchases a parking pass that gives the holder rights to certain public
parking facilities.
Staff Recommendation: Do not recommend this change. Instead:
• Consider removing low -generating meters for all parking uses.
8. Conduct Biannual Parking Supply and Demand Studies.
Staff Recommendation: Same as initiated
9. Explore ways to expand and manage the existing parking supply.
Staff Recommendation: Same as initiated
10. Expand Mass Transit Opportunities. Council directed staff to coordinate with Loudoun
County Transit
Staff Recommendation: Same as initiated
Planning Commission Questions and Staff Responses
Why wasn't the option of making both East Market Street and Loudoun Street one-way
considered?
Mr. Boucher explained that the consultant was not charged at looking into that option. The
consultant was charged with looking at existing parking standards utilizing existing parking
spaces; not to look at ways to increase downtown parking.
In the event that there are multiple developments within one block and there are multiple
round the block studies done that all identify available parking spaces, who would be
awarded those spaces?
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Mr. Boucher responded that that was one of staff's concern. It becomes a first in kind with the
parking attributed to the first study. The space(s) would not be double counted.
Will developers be able to pre -purchase parking spaces prior to construction of their
development?
Mr. Boucher explained that there would be something in the ordinance to tie the parking to either
the issuance of a zoning permit or occupancy permit and would not allow spaces to be purchased
prior to development of the property.
Would it be possible to purchase permitted parking spaces?
Mr. Boucher explained that those permits are defined to be for the residents on a particular street
and can't be sold to a third party.
Can we include loading spaces for businesses and residences?
Mr. Boucher explained that there were several places in the downtown where loading spaces
aren't permitted due to the narrowness of the roads and the urban character of the downtown.
Are all the existing spaces taken?
Mr. Boucher explained that the study demonstrated that the closer the parking space to the core
downtown, the more utilized it is. There is available parking as you move farther away from the
core area, such as on Harrison Street where a number of the metered spaces don't perform very
well.
What is the usage at peak utilization?
Mr. Boucher explained that he would have to go back to the study results for exact figures but it
is about 70% utilization at peak hours which is considered to be underutilized.
Is there a parking issue in the evening time?
Mr. Boucher responded that there isn't due to the availability to utilize the County Parking
Garage after 5:00.
Is the staff recommending increasing the residential parking exemption from 500' to
1,000'?
Mr. Boucher responded that this was a recommendation from the consultant and staff does
support approval although staff did not believe it would have a lot of impact.
Would it be possible to designate the payment -in -lieu funds to be used solely to construct a
Town parking garage?
Mr. Boucher responded that to utilize payment -in -lieu funds would require an ordinance change
and he was uncertain that something so specific was being considered at this point.
Has it been determined what percentage will be parking in the street and what percentage
will utilize the parking garage?
Mr. Boucher explained that this was something that would need to be studied.
What is the recommendation for restaurant seating?
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Mr. Boucher replied that the consultant did not include this category in his recommendation.
Staff did add outdoor seating for restaurants. There were no changes for indoor restaurant
seating so it was included in the report.
How would a decrease in spaces for a particular use impact an existing structure?
Mr. Boucher responded that the new standards would apply.
In terms of outdoor seating parking requirements, would the new standards impact the
existing outdoor seating or only be applied to new outdoor seating?
Mr. Boucher responded that the new standards would apply to new outdoor seating.
Has staff considered expanding the 1,000' parking exemption to include the entire 11-1/13-
I?
Mr. Boucher explained that staff rejected that due to input from several business owners that did
not support it.
What is the status of the public/private partnerships guidelines?
Shelby Caputo, Deputy Town Attorney explained that this matter was going before Council for a
work session on June 251H
Is there a long term plan to address parking in the downtown?
Mr. Boucher replied that this was part of the process to address long term parking
Public Comment
Bob White, 1775 Tysons Blvd., 5` Floor, Tysons, VA 22102, Managing Partner of Courthouse
SQ LLC owners of 9 East Market Street, came forward in support of the proposed amendment as
the current requirements will continue to be a deterrent to development, affordable type units, and
diversity.
It was determined to continue the public hearing to July 5, 2018 to allow for more public input.
The Planning Commission requested more information on the following:
• Parking signage to make the public aware of available parking in Town lots and the County
Parking Garage.
• Discussion on recommending payment -in -lieu funds be designated solely to be used to pay
for a Town Parking Garage
• Return with maps displaying options for 500', 1,000' and entire 1-1-1/13-1 parking
exemption
• Information regarding the legitimacy of the proposed borders
• Information and status of TLOA-2014-0007 Parking Credit and Demolition Ordinance
Amendment
• Discussion of a long term plan to address parking in the downtown.
• Discussion on field testing potential solutions
• Provide copies of parking demand studies
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SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
TLZM-2015-0010 and TLTA-2015-0002 River Creek Work Session, Rich Klusek, Sr.
Planner, Planning and Zoning
Mr. Klusek explained that the Planning Commission held a public hearing on the Town Plan
amendment and rezoning applications on April 19, 2018. Four members of the public spoke
concerning the applications and expressed concerns regarding residential development and
consistency with the Town Plan, fiscal impacts, storm water management and maintenance, the
need to assure that the tree preservation areas would be maintained during construction, drainage
runoff concerns, and the need to assure that construction noise is not too early or too late.
The Planning Commission requested that issues related to noise mitigation, tree planting and
preservation, proffers, fiscal impact analysis, and pedestrian connections be further addressed at
this work session.
Mr. Kluselc gave an overview of the discussion items and status and summarized that providing
the applicant adequately notify future residents of potential noise impacts, staff could support the
approval of the proposed Town Plan Amendment, Rezoning Application and Zoning
Modifications as they collectively provide a development option that mitigates potential impacts
to existing residential development that could result from by -right zoning. The proposed
development would provide significant open space and buffer areas to minimize potential land
use compatibility issues between new residential development and Costco while preventing by -
right B-3 uses from adversely affecting the character of existing residential development.
Planning Commission Questions and Staff/Applicant Responses
Is it specific on the plan which trees will be saved?
Mr. Klusek responded that it was.
Is the entrance to the development a right -in right -out intersection?
Mr. Klusek explained that you can turn left into the development. This application itself does
not require a traffic signal; however, if the development across the street is built, they would
install a traffic signal.
Will the proffer statement, when it goes before Council, reflect the elimination of the
contemporary design alternative?
Mr. Klusek responded that it would.
Is the Applicant agreeable to provide adequate notice of the potential impacts to future
buyers?
Chris Gleckner, Walsh Colucci, Representative for the Applicant responded that they would
commit to the proposed language and it will be reflected in the proffer statement when this
application goes before Council.
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Is this notice going to be included on the Deed?
Mr. Klusek explained that he was not aware of this language being placed in the deed. This
language was modeled off of Loudoun County's Airport Impact Overlay and Quarry Notification
Overlay. This language will remain in the HOA documents.
Ms. Gleckner explained that the Applicant believes the HOA documents are the best place to
include this language and are committed to doing so.
Has the existing tree canopy been added to the proffers?
Mr. Klusek responded that the Applicant has agreed to this issue and it will be put in the proffers
prior to moving forward to Council.
When will the tot lot be constructed?
Kevin McWhorter, Walsh Colucci explained that the tot lot construction will be tied to the
thirtieth home which will be located right in front of the tot lot making the actual construction
easier. In the meantime there will be a proffered contribution to Ida lee Park.
Does the Town ever plow private streets?
Susan Berry -Hill, Director Planning and Zoning replied that snow removal is the responsibility
of the HOA.
Commissioner Lanham moved that Town Plan amendment TLTA-2015-0002, amending the
Town Plan's Northeast Planning Policy Area Objective 3 by adding language to allow residential
development, be forwarded to the Town Council with a recommendation of approval on the basis
that the amendment meets the Approval Criteria of TLZO Section 3.16 and will serve the public
necessity, convenience, general welfare and good planning practice based on the findings as
provided in the June 7, 2018 Planning Commission Staff Report;
And further moved that,
Rezoning application TLZM 2015-0010, River Creek Village, be forwarded to the Town Council
with a recommendation of approval, including the modification to TLZO Sec. 8.4.7, subject to
the Applicant providing a commitment to notify future homeowners of potential 24/7
commercial operations on the adjacent property as per the June 7, 2018 Planning Commission
Staff Report, on the basis that the Approval Criteria of Zoning Ordinance Section 3.3.15 and
8.2.2.E have been satisfied and that the proposal would serve the public necessity, convenience,
general welfare and good zoning practice.
Commissioner Faliskie seconded the motion.
A minority opinion was expressed that neither the proposed Town Plan Amendment nor the
rezoning applications further the goals and objectives of the Town Plan, the use is not
compatible with surrounding uses and takes land away from potential commercial development
that would further the Town objective of a more balanced tax base.
The motion carried by a vote of 6-1 (Nay — Robinson).
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COMPREHENSIVE PLANNING
None
STAFF AND COMMITTEE REPORTS
None
SRTC REPORT
None
TOWN COUNCIL LIAISON REPORT
None
OLD BUSINESS
None
NEW BUSINESS
Review of Town Council Resolution 2018-047 regarding time limits
The majority of Commission members were in support of adding discussion on this topic to a
future agenda to be determined.
Landscaping for Town Public Facilities to make them more compatible with their
surroundings.
The majority of Commission members were in support of adding discussion on this topic to a
future agenda to be determined.
ADJOURNMENT
The meeting was adjourned at 9:43 PM
A roved by:
Ka en Cicalese, Commission Clerk
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