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The Town of Lees6urg in Virginia
Leesburg Planning Commission
Meeting Minutes
September 6, 2018
The Leesburg Planning Commission met on Thursday, September 6, 2018 in Town Hall Council
Chambers, 25 West Market Street, Leesburg, VA 20176. Staff members present included Brian
Boucher, Scott Parker, Rich Klusek, Bill Ackman, Dennis Dames, 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 Barnes, Faliskie, Lanham, Robinson, and
Walker.
Absent: Kidder
ADOPTION OF AGENDA
Motion: Commissioner Lanham
Second: Commissioner Walker
Vote: 6-0-1 (Kidder absent)
APPROVAL OF MINUTES — August 2, 2018
Motion: Commissioner Lanham
Second: Commissioner Walker
Vote 6-0-1 (Kidder absent)
DISCLOSURE OF MEETINGS
None
CHAIRMAN'S STATEMENT
None
PETITIONERS
None
PUBLIC HEARING
TLSE-2017-0003 Leesburg Cottages, Scott Parker, Sr. Planning Project Manager,
Planning and Zoning
Chairman Babbin opened both TLSE-2017-0003 Leesburg Cottages and TLSV-2018-0001
Leesburg Cottage Variance public hearings at 7:02 pm and invited staff to make their
presentation.
Mr. Parker gave an overview of the application which is a Special Exception request to allow
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September 6, 2018 Minutes
A 48 -bed Assisted Living Residence on approximately 5.52 acres of R-4 zoned land located on
Morven Park Road. The application will take the form of two principal residential structures of
14,150 square feet each and a smaller principal structure of 1,600 square feet for office and
storage.
The Applicant is also requesting the following two zoning ordinance modifications:
• Density — The Applicant is requesting a modification of TLZO Sec. 9.3.1.13 to allow 48
beds at the proposed facility instead of the 40 that are allowed under the Ordinance.
• Road Classification Frontage — The Applicant is requesting a modification of TLZO
Sec. 9.3.1.I which requires an Assisted Living Residence to have frontage on, and access
to, a through collector road or higher classification. The property has access to Morven
Park Road, classified as a local street. The Applicant is proposing improvements like a
crosswalk on Morven Park Road and providing significant mitigation and protection of
existing natural features. This request ties into the timing of an upcoming Capital Project
to improve Morven Park Road. This is addressed in the variance request. The Town is
going to build the improvements and the Applicant will be paying their share of the
improvements. Additionally they will be providing a storm drainage easement, at no cost
to the Town, which will run across their property to get to the outfall pond on the INOVA
Cornwall site.
Mr. Parker explained that this application had been the subject of BAR review given its location
within the H-1, Old and Historic District. The two parcel site has access from Morven Park Road,
with an entry drive that continues back from the smaller principal structure of 1,600 SF that fronts
on Morven Park Road, circling two principal residential buildings of 14,150 SF each. It is these
two structures that will house the 48 bed residences (24 in each structure). The third smaller third
building will take the form of office and storage, and is oriented to the street frontage of Morven
Park Road. Numerous comments had been provided to the Applicant during meetings with the
BAR, which they have addressed and incorporated into the design. At its meeting of August 7,
2018, the BAR gave the Applicant general conceptual endorsement of the facility.
Mr. Parker concluded his presentation with a staff recommendation of approval of the special
exception request subject to the conditions contained in the September 6, 2018 staff report. He
noted that staff is also in support of the variance request.
Packie Crown, Planner with Bowman Consulting Group, representative for the Applicant, HH
HUNT, delivered the Applicant's presentation. She noted that representatives from HH Hunt were
also in attendance to answer any questions the Commission may have in terms of engineering
and/or architecture. She explained that this facility would serve to deinstitutionalize memory care,
address growing concerns that family members have to find good care in a more home -like setting,
the significant need in the community for memory care beds. Ms. Crown discussed community
outreach, plan revisions to respond to community concerns and BAR input to retain Morven Park
Road character, site design, storm water management and architecture.
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September 6, 2018 Minutes
TLSV-2018-0001 Leesburg Cottages Variance, Bill Ackman, Director, Plan Review
At Chairman Babbin's request for staff comment on the variance, Mr. Ackman came forward
and explained that he would fore go the presentation as Mr. Parker had done an excellent job in
explaining the request. He noted that staff was in full support of this request and the Town is
getting their money's worth in terms of the frontage improvements and are getting exactly what
the Applicant would have been required to do had they built the improvements themselves.
Planning Commission Questions
Will this be a secure facility? — Ms. Crown responded that it was a 24/7 secure facility.
Where will the storm water management pipes be located? — Ms. Crown responded that the pipes
would be underground and the Applicant is providing the easement for conveyance.
Will the same materials and features be used in the extension of the existing stone wall? — Ms.
Crown responded that they would use the same materials for the extension.
When will the Applicant pay for their portion of the Morven Park Road improvements? — Mr.
Ackman clarified that it would be due at site plan as it was a condition of site plan, not a proffer
or special exception.
Has the site plan been filed and does the Town allow concurrent review? — Ms. Crown replied
that it had not submitted. Brian Boucher, Deputy Director, Planning and Zoning, explained that
the Town will not accept a site plan without zoning approval.
Will "Building C" actually be used? - Ms. Crown responded that it will be used for storage and
office space.
Is the 12 1/2 beds per acre requirement the same for a commercial district? — Mr. Parker explained
that every residential zoning district that allows this use by special exception has a particular
density prescribed for assisted living. The 12 1/2 beds per acre is specific to the R-4 Zoning
District. He did not think commercial districts had the same requirement.
Is there going to be a sign for the business? — Ms. Crown responded that there will be a small
sign placed on the wall.
Will the encroachments that appear to be on the property line be solved with property line
adjustments or easements? — Ms. Crown replied that there are several encroachments and they
have all been addressed. The Applicant has done field location surveys of the entire property
and some areas that appear to be encroachments are actually not. There is an encroachment that
is an existing play yard and raised planting beds installed by a previous owner. They have
worked with the current property owners, Mr. and Mrs. Pillar, and there will be an easement
granted to allow the Pillars to retain that area. There are also some nice cherry trees, hedge row
and grassy area in that encroachment area that will be included in the easement.
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Will this easement run with the land? - Ms. Crown replied that it would.
Is the impact of the night lighting on the surrounding residences mitigated? — Ms. Crown replied
that it was. The fixture is the same one that is used in the downtown area, except it will be 14'
maximum, and shielded down into the property.
Why would the facility staff use result in 150 trips per day? - Ms. Crown answered that they are
required to use the ITE rates however, the Applicant did not think the use would generate that
many trips as there will only be six employees per shift per building. Additionally, there will be
adequate parking on site to address the high visitation days.
Do the funds being paid by the Applicant for their share of frontage improvements on Morven
Park Road alleviate the Applicant from having to pay anything further i.e. easements, etc. that
the Town may need to complete this project? - Ms. Crown responded that the special exception
plan shows a right-of-way reservation as well in the event that the Town, at some point in the
future, decides to widen Morven Park Road. Mr. Ackman furthered that it is a condition of
approval that the Applicant shall provide all dedications, reservations, and easements required
for the Town's CIP project for Morven Park Road.
Why is the storm sewer being run down the north side as opposed to the south side to connect to
Ayr Street? - Ms. Crown clarified that the easement being referred to which travels across Mr.
Whitmore's property and connects at Ayr Street is for sanitary sewer. The storm sewer goes into
the pond at INOVA and it ties into an existing easement from INOVA. This was done to
accommodate Mr. Whitmore who wished to retain as much area as possible on his property.
Why couldn't the storm sewer be run under the Applicant's driveway on their site? — Mr.
Ackman explained that this was where the CIP project will be bringing the water from Morven
Park Water which ties into a system downstream.
Will the Applicant be required to keep the same water flow? — Mr. Ackman explained that it
would. At this point, the Department of Plan Review engineers have reviewed a very
preliminary plan and are of the opinion that it will work. It has not been completely sized as that
level of engineering and expense associated with it are not required until an applicant has
received legislative approval. Staff is confident that the flow will be maintained within the area
of the underground facilities proposed.
Public Comment
Eric von Schilger, 306 W Market St., Leesburg, VA 20176, came forward and expressed
concern regarding the efficiency of the storm water easement and if others are needed as well as
the capacity of the sewage line on Morven Park Road. He asked if the Town had looked into
enhancing the sewage line at Morven Park.
Larry Craun, 234 Cornwall St., NW, Leesburg, VA 20176, came forward and expressed
concerns regarding the location of the sewage line. His property adjoins the Whitmore's
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property and the proposed easement actually impacts his property as there is an easement on his
property for Mr. Whitmore's driveway. He was not notified and he would like to know the exact
location of the lines to determine the impact on his property.
Dave Donald, 17 Ayr St., NW, Leesburg, VA 20176, came forward and expressed concerns
regarding the location of a commercial use inside a residential neighborhood, specific concerns
included lighting, noise from HVAC commercial roof top systems, garbage trucks, and staff
breaks. He asked that they reconsider lowering the stone wall as he felt it provided a buffer to
mitigate headlights. Lastly, he expressed concern regarding the vegetation removal around Mr.
Whitmore's property.
Karen Donald, 17 Ayr St., NW, Leesburg, VA 20176, came forward and expressed concern
regarding the destruction of the trees on the Whitmore's property, the Craun's property, and their
property. There are over 14 trees exceeding 12' in diameter that will be destroyed, 27 smaller
trees as well as many tree roots on their property and the Craun property. The trees serve as an
excellent barrier to the light from the hospital for not only their property but the adjoining
properties that border along Market Street. The deterioration of the trees and buffer they provide
might deteriorate property values. She requested that the Applicant be required to relocate their
sewer on their own property.
Andrew Carle, GMU Faculty Member and founding director of the first academic program in the
country of Senior Housing with a particular focus on memory care, came forward in support of
this application as the demand for this type of care is growing.
Deb Saire, 413 William St., NW, Leesburg, VA 20176, came forward and expressed concerns
regarding Heritage Hall staff speeding on Morven Park Road and community safety.
Doug Saire, 413 Williams St., NW, Leesburg, VA 20176, came forward and asked if the
Applicant had considered installing a gate along the frontage to prevent residents from
wandering away from the facility, and if installed, how it would affect the aesthetics of the area.
Dave Pillar, 18 Morven Park Rd., NW, Leesburg, VA 20176, came forward and noted his
support of the project.
Renee Pillar — 18 Morven Park Rd., NW, Leesburg, VA 20176, came forward in support of the
application and felt this was a perfect location for this type facility. She felt that the traffic
impact would be much less than if it were to be developed as single family residences. She
noted the demand for memory care in this area.
Lawrence Terrio came forward to represent his son Bart Terrio who resides at 114 Morven Park
Rd., NW, Leesburg, VA 20176. He noted that his son is generally in support of this project
however, there were concerns over the loss of mature trees due to the underground storm sewer
and access road. He also expressed concern regarding speeding along Morven Park Road.
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Nathan Messer, 102 Morven Park Rd., NW, Leesburg, VA 20176, came forward and expressed
concerns regarding tree removal, buffers, and speeding along Morven Park Road.
Chairman Babbin asked Mr. Parker and Mr. Ackman to respond to the concerns expressed by the
public.
Mr. Ackman referred to questions and concerns regarding the sanitary sewer. He explained that
the Utilities Department was a referral on this project and it was his understanding that there is
capacity in the manhole at the corner of Ayr and Cornwall and that is where the existing sanitary
sewer is today. The reason the sanitary sewer can't be taken from their project out into Morven
Park Road is due to the fact that sewer and water run downhill and the location of these facilities
is lower than where the existing sanitary sewer on Morven Park Road is. It would be a huge
undertaking to redo the sanitary sewer when the Morven Park Road improvements are
constructed. It would be very expensive and the project would have to be re -scoped and go back
to Town Council.
Mr. Parker clarified that the sanitary sewer is not part of the CIP project.
Mr. Ackman also responded to the question as to whether or not the applicant has the right to go
through the rear of the property and out through Mr. Whitmore's property today. They do not
have that right and it was his understanding that the Applicant has had conversations with the
various neighbors, and that they absolutely need to have a sanitary easement. They have shown
that there is availability to put sewer into that manhole vertically in order to provide toilets, sinks
and showers that this facility will have. It does have the elevation to go from the facility to the
existing manhole at Ayr and Cornwall Streets.
Mr. Parker further clarified that the easement is solely on the Whitmore's property and does not
require an easement on another property. It is the Applicant's responsibility to obtain said
easements however, all the paper work indicates that there is no easement other than on the
Whitmore property.
Mr. Ackman noted that another question was raised regarding where the water ties in and he
explained that the water ties into Morven Park Road. Additionally, legislative approval of this
application does not guarantee approval of a site plan. The Applicant must do their due
diligence, obtained the proper easements for the lines and the construction of the lines, and
recorded the easements in the County land records.
Mr. Parker addressed the HVAC roof units and explained that they will be hidden architecturally
and there are zoning ordinance requirements for thresholds for noise in residential
neighborhoods.
Mr. Ackman also addressed tree loss and explained that the potential for tree loss for a by -right
subdivision is much greater than it is for this special exception application. The Town has the
ability to ask for things such as a conservation area, tree save, supplemental bufferings, etc.
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Mr. Ackman added that a by -right residential subdivision has a zero buffer yard between them as
they are considered to be light uses. While there is a minimum canopy requirement, the trees can
be located anywhere on the site.
Mr. Parker address lighting concerns and explained that they are 14' canopies however, there is
an ordinance standard that you can't have more than .5 foot candle light spillage off of the
property line. The lighting will be low impact.
The speeding traffic issue was not addressed as it was not related to this application. Staff
encouraged the public to express those concerns to the Standing Residential Traffic Committee.
The Applicant's engineer addressed the suggestion to relocate the stormwater easement and
explained that Mr. Whitmore had concerns regarding the disturbance to his driveway during the
construction of the easement which would impact his access to his home.
Tom Hudson, HH Hunt, stated that he had multiple conversations with Mr. Whitmore and this
was his preference.
Mr. Parker explained that he had spoken with a member of the public who was unable to attend
this meeting. He sent a letter with his comments on this application and asked to have his
comments included in the official record.
Jeffrey Phillips, 324 W Market Street, Leesburg, VA 20176
Dear Mr. Parker:
Thank you for sharing this letter with participants of the September 6, 2018, Leesburg
Cottages public hearing; a prior commitment will regrettably prevent my attendance.
After attending meetings on the Leesburg Cottages project over the past several months and
having discussions with Bowman Consulting and H.H. Hunt, town officials, and my
neighbors, I offer my unqualified and enthusiastic support for the project. I am impressed
with the thoroughly professional, sensitive, collaborative, and community -minded planning
that have gone into this project.
My land abuts the project and will to some extent or another be directly affected by virtually
every aspect of its construction and operation. I am participating in the "Audubon at Home"
native preserve program, and am attentive to influences that could degrade or inhibit the
beauty produced by native flora and fauna.
Any concerns I had in connection with the Audubon project on my land, as well as those
about light and noise intrusion, have been addressed to my satisfaction and I have no
objections. On the contrary, I think the Leesburg Cottages will prove to be a good neighbor
that enhances our special portion of Leesburg.
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Chairman Babbin closed the public hearings at 8:41 PM.
Commissioner Lanham moved that Special Exception application TLSE-2017-0003, Leesburg
Cottages, be forwarded to the Town Council with a recommendation of approval subject to the
conditions of approval and modifications as enumerated in the September 6, 2018 Planning
Commission Public Hearing Staff Report on the basis that the Approval Criteria of Zoning
Ordinance Section 3.4.12 and Section 9.3.1 have been satisfied 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 6-0-1 (Kidder
absent)
Commissioner Lanham moved to approve TLSV-2018-0001 variation request
to be relieved of the SLDR Section 4.02(g) requirement that "Developments
that adjoin or include existing streets shall provide such improvements as
are necessary to bring said streets up to the standards specified in this
Article within or adjacent to the new development." along the Morven Park
Road, NW frontage for a parcel of land identified in the Loudoun County
Land Records as PIN: 230-16-1059 with the following conditions:
1. The applicant shall provide a cash -in -lieu payment of
$54,000.00 to the Town of Leesburg to be applied to the
construction of the frontage improvements planned for this
property's frontage as part of the Town's Capital
Improvement Project (CIP) for Morven Park Road prior to
final site plan approval for the assisted living facility -
associated application TLSE-2017- 0003;
2. The applicant shall provide all
dedications/reservations, and easements required for
the Town's CIP for Morven Park Road;
3. The applicant shall provide a storm sewer easement
east/west across the property (width to be determined by
the Town) for a storm sewer outfall pipe to facilitate
drainage from off-site storm water associated with Town's
CIP for Morven Park Road. The storm sewer outfall pipe
shall be constructed prior to occupancy of the building(s)
and/or final paving of the site's access road.
Commissioner Faliskie seconded the motion and the motion carried by a
vote of 6-0-1 (Kidder absent).
The Planning Commission took a brief recess at 8:47 PM and the meeting
resumed at 8:58 PM
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September 6, 2018 Minutes
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
None
COMPREHENSIVE PLANNING
Town Plan Update Discussion — Rich Klusek, Sr. Planner, Planner and Zoning
Chairman Babbin informed the Commission that there will not be a staff presentation as they
were given a draft of the Town Plan Charter in their packet and it was her understanding that
staff was trying to get an idea of what the extent of the Town Plan Review will be so that an RFP
(Request for Proposal) can be drafted. The draft would then need to be approved by the Planning
Commission and ultimately Town Council. Since their last discussion on the Town Plan Town
Council has approved funds for the initial peer review of the Crescent Design District. Problems
need to be identified to determine why no one wants to develop in the Crescent Design District
under the current regulations. She felt this was the first step in a very long process.
Additionally she was of the opinion that more direction was needed from Town Council. She
asked the other Commission members to opine on whether they are in favor of staff's approach
or would they prefer to do a section at a time.
Mr. Klusek explained that this was part of the process to determine what areas of the Plan may
be of concern in order to let potential consultants know areas that may be important to consider
in the future. Staff is reaching out to the Boards and Commissions, Department Directors,
Department Staff, and the public to get this information.
The majority of the members present at the meeting preferred to have more direction from
Council prior to discussing the potential of a total rewrite of the Town Plan.
Commissioner Babbin made the following motion:
Whereas the Town Council has authorized a preliminary study by a consultant as a first step
towards rewriting the Crescent Design District Master Plan which is part of the Town Plan, that
the final rewriting of that Crescent Design District Master Plan and associated ordinances will
require a large portion of the funds allocated towards revising the Town Plan as well as
significant resources, and the Planning Commission believes the rewriting of the Crescent
Design District Master Plan is a priority for the Town and is critical to the future economic
development of the Town, I move that the Planning Commission defer further consideration of
revisions to other portions of the Town Plan until such time as it is known what funds and staff
resources will be required to revise the Crescent District Master Plan and associated ordinances.
Commissioner Walker seconded the motion.
After further discussion a vote was taken on the motion and the motion carried by a vote of 4-2-1
(Aye: Babbin, Faliskie, Lanham, and Walker; Nay: Barnes and Robinson; Absent: Kidder)
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STAFF AND COMMITTEE REPORTS
None
SRTC REPORT
None
BAR REPORT
None
TOWN COUNCIL LIAISON REPORT
Council Member Campbell gave an update on Town Council activity as follows:
• Town Council has requested a meeting with the Loudoun County School Board regarding
the parking issues at Loudoun County High School.
• Council is dealing with the issues of road ready golf carts in the downtown and low speed
vehicle standards. This will be discussed at their work session on Monday.
• A contract has been awarded for construction of a US Customs General Aviation facility
at Leesburg Executive Airport.
• A proposal from the Form Based Code Institute has been approved to conduct an
assessment of the Crescent Design District regulations.
• The Commission on Local Governments draft report had a provision to make permanent
the annexation moratorium that currently exists that prohibits Towns from applying to
become cities. Council approved a letter to be sent in opposition of their report as they
wanted to maintain some flexibility to become a city.
• Public Works had a proposal to add a water corrosion inhibitor to our water system and
Council voted to postpone action until further discussion.
• There was a conversation regarding the Loudoun Museum and the Town has a contract
for a lease agreement for the three buildings they currently use that technically expired in
2002. They are going to meet to discuss a new agreement.
OLD BUSINESS
None
NEW BUSINESS
None
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ADJOURNMENT
The meeting was adjourned at 9:40 PM
Agaaen
roved by:
Cicalese, ommission Clerk Sharof Ba in, Chairman
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