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HomeMy Public PortalAbout12 06 2018 PC MinutesT The Town of Leesburg in Virginia Leesburg Planning Commission Meeting Minutes December 6 2018 The Leesburg Planning Commission met on Thursday, December 6, 2018 in Town Hall Council Chambers, 25 West Market Street, Leesburg, VA 20176. Staff members present included Brian Boucher, Scott Parker, Chris Murphy, Shelby Caputo and Corina Alvarez. CALL TO ORDER The meeting was called to order at 7:01 pm by Chairman Babbin Members Present: Chairman Babbin, Commissioners Kidder (arrived at 7:04 pm), Lanham, Robinson, and Walker and Council Member Ron Campbell Absent: Barnes and Faliskie ADOPTION OF AGENDA Motion: Commissioner Lanham Second: Commissioner Walker Vote: 4-0-3 (Barnes, Kidder and Faliskie absent) APPROVAL OF MINUTES — November 1, 2018 Motion: Commissioner Lanham Second: Commissioner Walker Vote: 4-0-3 (Barnes, Kidder and Faliskie absent) DISCLOSURE OF MEETINGS Commissioner Lanham disclosed a meeting, held prior to the November 15th meeting being cancelled, with Christine Gleckner regarding the two applications before the Commission at this meeting. Chairman Babbin also disclosed a telephone conversation with Christine Gleckner and here clients on the same two applications. CHAIRMAN'S STATEMENT Chairman Babbin wished to clarify the Commission's upcoming meeting schedule due to the upcoming holidays. She noted that normally the Planning Commission does not hold a second meeting in December, however, there will be a meeting on December 201h to accommodate an upcoming public hearing. There is also a meeting scheduled for January 3, 2019. She asked if any of the Commission members would not be able to attend either meeting. A number of Commissioner's expressed potential conflicts with the January 3rd meeting. Chairman Babbin asked staff to see if it would be possible to postpone the Subdivision and Land Development Ordinance Amendments Public Hearing to the second meeting in January. If this is possible, she would like to tentatively cancel the January 3rd meeting. Chairman Babbin also reminded the Planning Commission that the December 20th meeting would begin at 7:30 due to the Council Leesburg Planning Commission December 6, 2018 Minutes swearing in ceremony. It was later determined to hold the public hearing on January 3" as scheduled as the item being discussed was time sensitive. PETITIONERS None PUBLIC HEARING TLZM-2018-0001 and TLSE-2018-0001 Oaklawn Land Bay D North Chick fil a, Scott Parker, Sr. Planning Project Manager, Planning and Zoning Chairman Babbin opened the public hearing at 7:09 pm and invited staff to make their presentation. Mr. Parker explained that TLZM-2018-0001 was a Proffer and Concept Plan Amendment to amend TLZM-2014-0004 and TLZM-2005-0002 to permit an increase of support (auxiliary) uses within Land Bay D (within proposed "Land Bay D North") to include an additional 10,000 square feet of restaurant use comprised of two 5,000 square -foot fast food restaurants each with a drive-through window. TLSE-2018-0001 is a request for a special exception to permit two drive-through restaurants on Land Bay D (in proposed Land Bay D North), subject to the approval of TLZM-2018-0001. A waiver has been granted for submittal of a Fiscal Impact Analysis on the basis that the rezoning requests uses already approved within Oaklawn PEC and Land Bay D. Additionally, an Archaeological Study was waived based on the land having already been cleared and graded. The subject property is currently zoned PEC (Planned Employment Center), and is currently part of the approved Oaklawn development. TLZM-2018-0001: The Applicant has submitted revised proffers for the subject property that will supersede other proffers currently in effect for the property specific to this application. Currently, Land Bay D of the Oaklawn development allows 200,000 square feet of office, of which 65,000 square feet has been approved and built as part of the EIT development. Land Bay D also allows support uses in the amount of: • 10,000 square feet of retail • 4,000 square feet of restaurant with one drive through • Gas station with 5,000 square feet of convenience store and car wash The Applicant requests the following: • Create a new parcel "Land Bay D North" from the existing Land Bay D that encompass the two parcels associated with this application. • Allow additional support uses in the form of a maximum of 10,000 square feet of eating establishments including two drive throughs within Land Bay D North. In addition to the above, the Applicant is reaffirming an existing proffer for a Fire and 2 Leesburg Planning Commission December 6, 2018 Minutes Rescue contribution of ten cents ($.10) per gross square foot developed on the property, subject t o C o n s u m e r Price Index. The Applicant is not proffering a cash contribution for off-site transportation in that related improvements in the vicinity of the property have been constructed in accordance with TLZM-2014-0004. Mr. Parker noted that staff recommends that the Planning Commission forward a recommendation of approval as the application has met all Rezoning Approval Criteria. Additionally, the use is already allowed by -right and the application mitigated impacts better than more impactful by -right uses such as a gas station or car wash convenience. TLSE-2018-0001 — Request for approval to build two 5,000 foot eating establishments, each with a drive-through. The site allows 4,000 square foot drive-through by right, along with gas station, convenience car wash, as well as 10,000 square feet of restaurant. The site has proffered into the H-2 and the BAR has reviewed and given general approval for architecture, materials and site. The fagade orientation of the buildings was an' issue and will be addressed during the Certificate of Approval process. The Applicant is requesting the following modifications: • Buffer Yard Matrix — Eliminate Screening between adjoining uses — Staff recommends approval • Buffer Yards Adjacent to Public Streets — Request to utilize masonry wall for screening — Staff recommends approval • Minimum Yard Requirements — Request to allow a wall in excess of 42 inches in height in a front yard — Staff recommends approval The Applicant has taken measures to mitigate the impacts of the uses proposed with this application, and staff is proposing conditions on the uses as well. The following are being provided as noise mitigation measures: • Applicant has provided a 6 -foot, masonry wall along the Miller Drive property boundary to attenuate sound • Significant landscaping and berming is being provided on the Miller Drive frontage in addition to the wall. • Hours of operation are being limited on both sites (staff condition based on information provided by the Applicant) • Staff is proposing a condition to limiting the times of delivery and refuse collection to the sites. It is Staff's opinion that the mitigation measures provided, particularly the wall, which the BAR has endorsed, provides significant mitigation of the impacts of this site. This is worthy of note because the uses previously approved for this site (which could potentially be more impactful than the uses proposed) would not be required to provide the mitigation measures that this legislative approval affords Staff and ultimately the Town Council to recommend and impose. 3 Leesburg Planning Commission December 6, 2018 Minutes The Applicant has worked with the BAR to present designs that are compatible with H-2 Corridor designs. There is four-sided architecture on both buildings, and building materials have been deemed compatible as illustrated in the provided architectural elevations (Attachments 2 and 3). Some of the elements that the Applicant addressed during the BAR review were: • Clearly defining the building entrances • Massing of buildings • Articulation • Roof form • Fenestration • Facade materials The Applicant has proposed the following hours of operation: The first building (referred to as Lot D -4A on the Concept Plan) is intended to be a Chick- fil-A restaurant with drive through, that will occupy all 5,000 square feet of the building. This establishment will be located at the corner of Miller Drive and Battlefield Parkway. The Applicant has submitted an operation statement for the restaurant that states: • The hours of operation for Chick-fil-A are 6:3 0 am until 10:00 pm, Monday through Saturday. The restaurant is closed on Sunday. • Deliveries are between 8:15 am and 11:15 am, two to three times per week via tractor trailer, and daily via smaller box trucks. • Solid waste is picked up from the dumpster approximately three times a week. With respect to the second building (referred to as Lot D -3A on the Concept Plan), the tenants have not been disclosed. It is anticipated that this 5,000 square foot building will be divided into two establishments of 2,500 square feet each, and there will be a drive through for one of these tenants. In order to facilitate various users the Applicant has stated the hours of operation between 5:00 am and 1:00 am. It is unclear at this point what type of delivery times will be utilized. Staff recommends a condition of approval limiting the hours of operation for the site(s) to those provided by the Applicant, as well as a condition prohibiting waste disposal related to the dumpsters between the hours of 10:00 pm and 6:30 am. This time restriction is the same as the requirements of the Town of Leesburg Sound and Noise Ordinance, Section 24-182(3) h. Mr. Parker concluded his presentation noting that staff recommends conditional approval of TLSE-2018-0001 as noted in the staff report dated November 15, 2018 Christine Gleckner, Land Use Planner, Walsh Colucci, representative for the Applicant noted that the Applicant and a representative from Chick fil were in attendance and available to answer any questions the Commission may have. She noted that the staff presentation was thorough and contained a lot of the same information that she had prepared. She wished to point out the amount of green space, screening, and buffering that is provided a long Battlefield 4 Leesburg Planning Commission December 6, 2018 Minutes Parkway and Miller Drive frontages. Some of the landscaping is already in place and they will add additional landscaping to what already exists. Ms. Gleckner concluded the presentation noting that they concur with staff's recommendation with the exception of condition number four in the staff report regarding the hours of operation. The correct information was provided in the PowerPoint presentation however it has not been corrected in the staff report. Any motion made would have to reflect the change in hours of operation. The applicant would like the entire site to have the consistent hours of 5:00 am to 1:00. Clarifying Questions: How will people enter the site? Mr. Parker explained that currently Land bay D is divided by an existing road located between EIT and the vacant part of Land Bay D called Kelly's Ford Plaza Road. This road goes from Battlefield Parkway to Miller Drive. The site will be accessed through Kelly's Ford Plaza Road. Has staff received any feedback from the neighborhoods? Mr. Parker explained that he had received two emails regarding the residential nature of the neighborhood and keeping the building architecture consistent with the surround residential development. There are two other land owners in Land Bay D. One is the Town. Is that a future fire and rescue site? Mr. Parker responded that it is proffered specifically and only to be a fire and rescue site but there had been no indication from Loudoun County Fire and Rescue or the volunteers that it is needed. Is this calculated in the 200,000 square feet of office? Mr. Parker replied that it was not. What is the other property classified as and has there been any feedback from the other property owner? Mr. Parker explained that property is classified office/industrial and is the EIT property and they have not offered any feedback on this application. What proffers will govern this property? Mr. Parker explained that the entire site would be subject to the 2014 proffers. The proposed proffers associated with this application are specific Land Bay D only and would add 10,000 square feet of support uses to the overall total. Had this proposal been officially approved by the BAR? Mr. Parker explained d that it had not and that would be at the time of the approval of Certificate of Appropriateness (COA). They have been given general conformance approval to materials, architecture, and the site layout. The BAR would still like to discuss the fagade orientation. 5 Leesburg Planning Commission December 6, 2018 Minutes Was there any consideration given to providing a buffer for the office building? Mr. Parker explained that it was not considered along Kelly's Ford Plaza Road. They did provide the prescribed buffer requirements on that side for that particular site which is a perimeter parking lot landscaping buffer requirement. Are the rezoning requested uses already approved? And if so, why are they requesting a rezoning? Mr. Parker responded that they were approved. The uses themselves are approved in Oaklawn but each land bay has specific uses ascribed to them. This particular rezoning is to create this specific parcel and allow these uses on this particular parcel. Is anything being done to mitigate their exhaust or waste fumes from the townhouses? John Martinez, Development Manager explained that the fumes are managed as they have vents and equipment to handle that. Garbage is removed four times a week but they could have it done daily if issues arise. Has the Boundary Line Adjustment (BLA) been done? Mr. Parker explained that the BLA will be done at the time of site plan. If a traffic signal becomes warranted who would pay for it? Mr. Parker responded that the Town would be responsible. A signal is not warranted at this time. Would Chick fil a sacrifice their branding in order to make the community happy? Ms. Gleckner responded that the daycare center is in the residential zoning district. This proposed restaurants are in the Planned Employment Center (PEC) as is the Northwest Credit Union which does not exhibit residential characteristics in their architecture which is quite similar to what is being proposed for Chick fil a. Chairman Babbin called for public comment. Dave Colangelo, 413 Lawford Drive, SW, Leesburg, VA 20175 came forward and expressed concerns regarding the homes on Miller Drive and a school bus stop in that area presenting safety and traffic concerns. Chairman Babbin closed the public hearing at 8:15 pm and called for Planning Commission comments and discussion. Concerns were expressed regarding Nosie, trash, deliveries, sighting, commercial branding and signage and compatible residential architecture. Chairman Babbin moved that Rezoning/Proffer Amendment TLZM-2018- 0001, Oaklawn Development Partners, LLC and Keane Schmitz Land Bay D. LLC, including the Concept Plan and Special Exception Plat dated January 12, 2018, as amended through October23, 2018 and the proffers dated November 1, 2018, be forwarded to the Town Council with a P Leesburg Planning Commission December 6, 2018 Minutes recommendation of approval on the basis that the Approval Criteria of Zoning Ordinance Sections 3.3.15 have been satisfied and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice with the proviso that the hours of operations to be allowed would be 5:00 am to 1:00 am on both sites. Commissioner Lanham added that he felt that Town Council should be made aware of all Planning Commission comments and take them into consideration when making their decision. Commissioner Walker seconded the motion and the motion carried by a vote of 5-0-2 (Barnes and Faliskie absent). Chairman Babbin moved that Special Exception Application TLSE-2018- 0001 Oaklawn Development Partners, LLC and Keane Schmitz Land Bay D. LLC, be forwarded to the Town Council with a recommendation of conditional approval, subject to the conditions contained in the staff report dated November 15, 2018 on the basis that the Approval Criteria of Zoning Ordinance Sections 3.4.12 have been satisfied and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice subject to the same hours change of 5:00 am to 1:00 am. Commissioner Walker seconded the motion and the motion carried by a vote of 5-0-2 (Barnes and Faliskie absent). TLZM-2017-0004 CVS at Allman Property, Chris Murphy, Sr. Planning Project Manager, Planning and Zoning Chairman Babbin opened the public hearing at 8:29 pm and invited staff to make their presentation. Mr. Murphy explained this is a request by JEM X, LLC for a Zoning Concept Plan and Proffer Amendment on the 3.96 acre property identified by PIN 273-49-2205 (the Property). The Property is currently linked with the adjacent property to the south through the previously approved concept plan and proffers for TLZM-2008-0005. The amended concept plan and proffers propose the development of a 9,700 square foot pharmacy with drive-through and a 14,600 square -foot building housing 8,000 square feet of sit-down fast food restaurant (with no drive through window) and 6,600 square feet of retail uses. In so doing, the present application would sever the Property from the Stanfield Company property from a zoning standpoint save for private access and development agreements between the two. The Property is currently vacant. As a result of prior land development applications and private rA Leesburg Planning Commission December 6, 2018 Minutes access and development agreements, a commercial entrance from Greenway Drive has been constructed along the western edge of the property providing access for the Stanfield Company property and the Merit School child care facility to Greenway Drive. Mr. Murphy discussed the zoning history of the property noting that Rezoning ZM-101 (TLZM- 1990-0101) first established the B-1 Zoning District with H-1 Old and Historic District Overlay on the property. At that time, the Property was a single parcel joined with what is now the separate lot owned by the Stanfield Company, LLC immediately to the south where the Greenway manor house, barn and outbuildings sit. In 2012, Allman and Stanfield joined together to file an application, TLZM-2008-0005, One Covenant — Stanfield Properties at Greenway Farm that amended the proffers, density, and layout approved in ZM-101. In addition, TLZM-2008-0005 permitted an increase in commercial density on both properties, as well as establishing allowances for new uses on the subject properties. That application linked the improvements on the Property to the planned redevelopment on the adjacent property owned by the Stanfield Company, LLC. The approved Concept Plan for TLZM-2008-0005 authorizes the development of 44,000 square feet of office/commercial space in three separate buildings on the Property. This application has undergone three submissions with staff review, as well as review by the BAR pursuant to the Concept Plan Review process. During these reviews, the following issues were discussed and others remain for Planning Commission consideration: Resolved Issues: • Plat deficiencies • Pedestrian access • Buffers & Screening • Site lighting • Tree protection • Stormwater management • Grading • TransportationNehicle access • Utilities • Proffers Unresolved Issues: • Town Plan compliance • Development pattern/site design • Intensity of uses Mr. Murphy concluded his presentation noting that staff cannot recommend approval based on reasons contained in the staff report dated November 15, 2018. Staff does recommend that this application be scheduled for a future Planning Commission work session and that the Applicant be requested to provide any additional information as identified by the Commission to resolve outstanding issues as identified by the Commission in said staff report. Leesburg Planning Commission December 6, 2018 Minutes Christine Gleckner, Land Use Planner with Walsh Colucci the Applicant's Representative noted that there will be three team members presenting the application tonight. Cory Martin will begin the presentation, to be followed by Al Hansen of DBR Architects, and then she will make concluding remarks. Mr. Martin introduced the application noting that the 2012 plan was a speculative plan which no longer reflects the current retail and office environment. The approved plan permits either a 4,000 square foot bank or pharmacy with drive-through and due to online banking and other recent developments in the banking industry very few bank branches are being developed. The office market has also dramatically decreased since 2012, particularly outside of the core of urban and town centers. The approved uses that are viable in today's market, the pharmacy, retail and eating establishments, are retained in the proposed plan. The goal of this application is to respect the existing proffers in the Concept Plan and only revising them to adapt to the new use mix. Lighting, sight access, building and parking locations have remained essentially the same. They have been able total square footage, building height, building horizontal dimensions, traffic generation to accommodate the revised use mix. It was their opinion that the project is a compact, architecturally appropriate commercial center. Al Hansen discussed development patterns and site design focusing on the context of the design, the site design and the massing of the design. He explained that they had tried to maintain the spirit of the original farmstead. They are using wood and brick materials to be in context with the original. In terms of massing, they have reduced the area to 24,000 square feet from 36,000 square feet in the 2012 proposal. The overall height has been reduced from one to two stories 945 feet) down to one story. Ms. Gleckner noted that they have worked extensively with the BAR and have received a Resolution from the BAR for their General Concept Plan. They will need to go back to the BAR for the specific Certificate of Appropriateness where everything will be reviewed in much more detail. They have put a lot of focus on screening and buffering to address concerns made by staff and their neighbor to the south. Ms. Gleckner concluded her remarks noting that the Applicant is of the opinion that by most measures this project is less intense than the approved as they are proposing less total square feet, fewer parking spaces, fewer vehicle trips and smaller buildings. Additionally, they will revise the proffers to me delivery hours match the trash collection hours which is 9:00 am to 7:00 pm. Chairman Babbin called for a brief recess at 9:15 pm. Chairman Babbin resumed the public hearing at 9:20 pm and called for clarifying question from the Commission Members. Clarifying Questions: Is the mid -block access right in/right out and is it necessary? Ms. Gleckner responded that is right in/right out only access. People can exit to the north and come out at the signal. This was the access approved with the prior rezoning for both this property and the Stanfield property to the north and no changes have been made to that access. Will there be a compounding center? 01 Leesburg Planning Commission December 6, 2018 Minutes Ms. Gleckner responded that CVS does not do compounding. Why is a pharmacy with a drive-through permitted in the B-1 ? Brian Boucher, Deputy Director, Planning and Zoning, explained that there was an interpretation by the Zoning Administrator to allow pharmacies with a drive-through by -right as the traffic generated by a single lane drive-through is minimal. Can the property to the west, which is not part of this application, be developed or is it all flood plain? If so what proffers is it subject to? Mr. Murphy answered that it can be developed and is not all flood plain. Mr. Boucher responded that it is subject to the proffers for the original Greenway Rezoning. How far away the closest is to the edge of the property and the front entrance to the proposed building? Mr. Murphy responded that he had not calculated the actual distances. Ms. Gleckner further explained that the CVS is set back 100 feet from Greenway Drive. Chairman Babbin called for public comment. Greg Wigfield, 25 Greenway Drive, SW, Leesburg, VA came forward and noted that he is one of the owners of the Stanfield Property and is not in support this proposal. He has spoken with the Applicant multiple times asking them to do what they need to do inside the approved concept plan and have basically been ignored. Dave Colangelo, 413 Lawford Drive, SW, Leesburg, VA 20175, came forward in opposition to the proposal and expressed concern regarding the intensity of fast food restaurant use, traffic, and noise from tractor trailers. Brian McAfee, 204 Lawnhill Court, SW, Leesburg, VA 20175 came forward in opposition and asked that the Planning Commission deny this request and enforce the 2012 plan as approved by the Town. Concerns expressed included intensity of use as proposed, hours of operation, traffic, and its proximity to daycare and school, Richard Hernandez, 538 Deer Meadow Place, Leesburg, VA 20175, came forward noting that he could support this application if there were some concessions made by the Applicant to facilitate a smoother transition to commercial development. Chairman Babbin closed the public hearing at 9:44 pm It was determined to defer further discussion to the December 20, 2018 meeting. The Commission requested additional information on the A-1 and A-2 depictions, acorn lights, linear division of separation on A-2, mid -block access, parking lot location, fiscal analysis, and the architecture of the CVS building. There was a preference noted amongst some Commission members for the 2012. 10 Leesburg Planning Commission December 6, 2018 Minutes ZONING None COMPREHENSIVE PLANNING None STAFF AND COMMITTEE REPORTS None SRTC REPORT Commissioner Robinson informed the Commission that they are looking into preparing an online map. BAR REPORT None TOWN COUNCIL LIAISON REPORT • Council approved the RFP for a consultant for the Town Plan update. • Town Council voted to limit the amount of the Rogers Farm property that will be included in the H-1 Overlay District to the parcel containing the historic structures and to move the barn to that area. • A Resolution was passed to move the water/sewer rate to a public hearing OLD BUSINESS None NEW BUSINESS None ADJOURNMENT The meeting was adjourned at 9:57 pm Ap oved by: (-,/]ka'r4n Cicalese, Commission Clerk 11