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HomeMy Public PortalAbout12 20 2018 PC MinutesThe clown of Lees6urg in Virginia Leesburg Planning Commission Meeting Minutes December 20 2018 The Leesburg Planning Commission met on Thursday, December 20, 2018 in Town Hall Council Chambers, 25 West Market Street, Leesburg, VA 20176. Staff members present included Susan Berry Hill, Scott Parker, Lee Phillips, Bill Ackman, Chris Murphy, Shelby Caputo and Debi Parry. CALL TO ORDER The meeting was called to order at 7:30 pm by Chairman Babbin Members Present: Chairman Babbin, Commissioners Barnes, Faliskie, Kidder, Lanham, Walker, and Robinson, and Council Member Campbell. ADOPTION OF AGENDA Motion: Commissioner Walker Second: Commissioner Lanham Vote: 7-0 APPROVAL OF MINUTES — December 6, 2018 Motion: Commissioner Walker Second: Commissioner Lanham Vote: 5-0-2 (Barnes and Faliskie abstained as they were not at the December 6th meeting) DISCLOSURE OF MEETINGS Chairman Babbin disclosed that she had a brief telephone conversation with Christine Gleckner regarding the CVS at Allman Property application. CHAIRMAN'S STATEMENT None PETITIONERS None PUBLIC HEARING TLZM-2017-0006 Cornerstone Chapel, Scott Parker, Sr. Planning Project Manager, Planning and Zoning Chairman Babbin opened the public hearing at 7:32 pm and invited staff to make their presentation. Leesburg Planning Commission December 20, 2018 Minutes Mr. Parker delivered a summary of the application noting that the subject property is currently zoned Planned Employment Center (PEC), and is part of the High Point Associates Subdivision. The property is subject to approved proffers associated with case ZM-98, dating back to 1988. Cornerstone Chapel has acquired the property and has filed rezoning application TLZM-2017- 0006 in order to rezone the property to B-3, Community Retail/Commercial, to facilitate construction of an ancillary parking facility for the Cornerstone Chapel. A new Concept Plan that incorporates the new parking into the previously approved Cornerstone Chapel (TLZM-2008- 0001), as well as amended proffers, have also been submitted. In 2010, 28 acres of the original development subject to ZM-98 were rezoned to B-3 (Community Retail/Commercial) via TLZM-2008-0001 to allow the current Cornerstone Chapel. In addition to TLZM-2008-0001, two other applications were approved; TLTA-2008-0002, a Town Plan amendment that removed a portion of Tolbert Lane from the Roadway Network Policy Map, and TLSE-2008-0008, a Special Exception which allowed a child care facility for up to 120 children. The current approved Concept Plan and Proffers for Cornerstone Chapel support the development of 199,415 square feet of building for a 2,150 seat sanctuary, Christian Education Programs, 120 child day care facility, family life center, administrative offices, and cabins for clergy and religious retreats. The following waivers to submittal requirements were granted: • Fiscal Impact Analysis: Granted on the basis that the property is owned by a non-profit institutional use, and as such is already removed from the tax base. This rendered the need for a fiscal impact analysis unnecessary. • Archeologic/Historic Information: Granted on the basis that the site has been previously disturbed as part of the construction of Sycolin Road Widening Phase II (TLCI-2007-0015) and the accompanying stormwater facility on the site. Traffic Impact Analysis: Granted on the basis that the Applicant has demonstrated that the facility is for additional parking, and not additional trips generated from proposed uses. Based on the analysis of the Town's Transportation Engineer, the impact of the parking is anticipated to be minimal on the adjacent streets, and the applicant is proposing the modification of an existing Traffic Management Plan for the entirety of the Cornerstone site. Mr. Parker discussed staff analysis as follows: The original approval of Cornerstone Chapel established the acceptability and compatibility of the primary use. This application is meeting this objective by creating additional formalized parking for a very popular use. In addition, they are incorporating the existing surface stormwater pond into the site by placing it underground and designing it to utilize state of the art stormwater management techniques. This particular property presents unique design challenges given its size and dimensions. The incorporation of this facility into the overall fabric of Cornerstone Chapel helps further this objective. 2 Leesburg Planning Commission December 20, 2018 Minutes • The location of this proposal on Sycolin Road, in the midst of I-1 zoned property, is an acceptable location for the provision of ancillary parking associated with Cornerstone. The Cornerstone Chapel has proven to be a very popular institutional use within the community, and this facility is in scale with design in the area. This proposal will help to ease the traffic and transportation burden in the area, while providing parking that will provide a safer access to the facility than some of the parking arrangements currently being utilized. In addition, this proposal will have limited use given its association with the church; specifically Sundays and special events, such as holiday services. • The Applicant has submitted a Tree Management Report that has been incorporated into the Concept Plan for this proposal. Per the report, any activities related to the buffers, including root pruning activities, will be coordinated with the Town. This submittal and commitment also contributes to the analysis leading to a recommendation of approval. Mr. Parker noted that he has had numerous discussions with the neighboring property owner, Long Lane, who has voiced a number of concerns. Following is a list of concerns and staff's response: • Effect on Long Lane's ability to develop — None, the proffers for his property and ability to develop are not affected. • Parking entrance proximity to Long Lane entrance — Staff finds that the use of the properties and times used do not present a problem. • Evacuation damage to Long lane buffer trees — Three arborists (two from the Town and one from the Applicant) have reviewed this and feel that the proposed evacuation will not adversely affect the tree buffer. Additionally, a Tree Management Report and protocols for evacuation are included in the proffers. • How will Cornerstone be monitored to "Keep their pledges"? - Cornerstone is bound by the proffers and Concept Plan. Mr. Parker concluded his presentation with staff's recommendation of approval as the application will provide a much needed parking facility for Cornerstone Chapel, it is an appropriate use of the property given its dimensional limitations, and the rezoning approval criteria of TLZO Sec. 3.3.15 have been met. Chairman Babbin invited the Applicant to make their presentation. Kevin Wright, a volunteer with Cornerstone Chapel's Parking Ministry, spoke on behalf of the Applicant. He explained that the purpose of the proposal was to accommodate those who desire to attend services noting that the Church has experienced 3 a 0% to 40% growth since it opened in 2016. The proposal would also move traffic onto the property efficiently and safely would reduce the duration and level of traffic impact on the surrounding community. He discussed the traffic Management Plan noting that they have amended this plan to add an additional Police Officer at Sycolin Road to direct traffic or the toggle light at Tolbert Lane and Sycolin Road. However, the number and location of Officers may be modified at the discretion of the police. All costs for the Traffic Management Plan are borne by Cornerstone Chapel. 3 Leesburg Planning Commission December 20, 2018 Minutes Chairman Babbin solicited clarifying questions from the Planning Commission Members Does the amount of parking requested minimize satellite sites? Mr. Wright responded that was the intent. They have agreements with some adjacent property owners where they can run a shuttle. However, if they can accommodate that traffic on their property, it will decrease neighborhood traffic impacts. How bright will the lights be? Mr. Parker explained that the Town regulates lighting height, light spillage at the property line, and fixed down position which have all been met. The Town does not regulate color, lumens, or brightness. Would it be possible to add larger canopy trees? Mr. Wright responded that it was their intent to work with the Arborist and Town Forrester to plant as many trees as they are able to, while still not inhibiting the function of the access to the stormwater management facility as well as making sure they have the parking that they need. Clarification was requested on the buffer and potential damage to the existing trees during construction. Mr. Wright replied that they were mindful of the need to protect the current buffer the adjacent property owner has and have a Tree Management Plan. Their Arborist and The Town's Arborist have worked together to manage this and to protect those trees when they do root pruning. Lee Phillips, Sr. Planner, Plan Review, further clarified that there are several constraints on this site including the amount of stormwater detention that that has to be on the site, a utility easement, the retaining wall, and the trees along the Verizon property which were planted much closer to the boundary than they were supposed to be. Are there any restrictions placed on the landowner in terms of uses for the parking lot? Mr. Parker replied that the use under this Concept Plan and Proffer Amendment would be limited to ancillary parking. Chairman Babbin called for Public Comment. Kip Gardner, 20116 Valhalla Square, Ashburn, VA 20147 came forward in support of the application. 4 Leesburg Planning Commission December 20, 2018 Minutes Chairman Babbin closed the public hearing at 8:17 pm and called for comments and discussion from the Planning Commission Members. Concerns expressed included children attending daycare's safety, constructing a parking lot on a parcel designated for Planned Employment in the Town Plan, and visual impacts. Chairman Babbin called for a motion. Commissioner Lanham moved that Rezoning, Concept Plan and Proffer Amendment application TLZM-2017-0006, Cornerstone Chapel Real Estate, be forwarded to the Town Council with a 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. Commissioner Faliskie seconded the motion and the motion carried by a vote of 7-0. Chairman Babbin called for a brief recess at 8:24 pm and the meeting resumed at 8:27 pm. ZONING TLZM-2017-0004 CVS at Allman Property Continued, Chris Murphy, Sr. Planning Project Manager, Planning and Zoning Mr. Murphy gave a brief overview of the application and the public hearing findings. He noted that staff has spoken with the Applicant's representative but no new materials have been submitted for review and consideration. Mr. Murphy also discussed staff findings noting the rezoning application to establish a two -pad retail center at this site is generally compatible with the Town Plan but there are important deviations. The design does not sufficiently address Town Plan objectives to respect the integrity of historic resources intended to be protected by the establishment of the B -1/H-1 zoning. Additionally, the proposed pharmacy restaurant and retail uses will impose adverse impacts on the adjacent properties by their more intensive nature. For these reasons staff does not recommend approval. Chairman Babbin invited the Applicant to make their presentation. Christine Gleckner, Land Use Planner, Walsh Colucci, and Representative for the Applicant explained that they are proposing some changes in response to public comment received at the Public Hearing and will also be addressing some of the comments in the staff report and from the Planning Commission. The primary changes being proposed are as follows: • A reduction in total square footage from 24,300 square feet to 23,000 square feet 5 Leesburg Planning Commission December 20, 2018 Minutes • A reduction in eating establishment fast food from 8,000 square feet to 6,400 square feet • An increase in retail from 6,000 square feet to 6,900 square feet • Parking has been reduced from 166 spaces to 156 spaces • A 378 trip reduction in vehicle trips per day • The delivery vehicle size has been reduced from a WB67 to a WB50 • Delivery hours to be consistent with the already proffered trash collection hours which are between 9:00 am and 7:00 pm • Landscape islands have been added to the parking area During the review, staff asked for additional landscaping and that they follow the Journey Through Hallowed Ground Design Guidelines for landscaping so they enhanced their landscaping plan based on staff comments. If there is a concern that they are not consistent with the neighboring property, the Applicant is willing to go back to the approved landscaping plan. Comments were also made about the light fixture, particularly night sky concerns. She noted that there is a.shield in the fixture that prevents light from going up and reflecting back down. She also wished to address staff and Commission comments as follows: • Concerns expressed about inconsistency with the H-1 —They are fully obligated to meet the H-1 guidelines and they will have to go before the Board of Architectural Review (BAR) review for a Certificate of Appropriateness (COA). The pictures that have been shown had received General Concept Plan approval from the BAR last year. • Intensity Concerns — They have reduced the square footages in response to these concerns and they have reduced the size of the delivery trucks. • Concerns expressed by the Planning Commission regarding the separation between their building and the property line — Shifting the properties would create a big gap between their two buildings and it was their opinion that it was more appropriate to have their buildings relate to each other. Should this be a major concern for the Commission they could rework this. • Underground Stormwater Management Facilities — They will be owned, operated, and maintained by the property owner or property owner association. • Nitrogen Credits — Will be used as permitted by the requirements. They will provide as much on-site mitigation as they can. • Fiscal Impact Analysis — They have not revised the Fiscal Impact Analysis, but will do so before going to Town Council. • The second building is speculative - The second building is under contract with a retail center developer and is not speculative. The tenants however, are unknown. A Leesburg Planning Commission December 20, 2018 Minutes • Visual Comments — They did not have the time to prepare new visuals however, they had an animation for the BAR a year ago which she displayed for the Planning Commission. Chairman Babbin called for discussion and comments from the Planning Commission. Concerns were expressed regarding the approved proffers and the impact of the proposed changes on the other property owner as they were governed by some of the same proffers. Ms. Gleckner explained that the only proffers they propose to amend from the original proffers relate to their site only. All the transportation proffers, and anything shared between the two properties has not been changed. All they are trying to change is the use mix on their property. Apart from that, the two property owners have a private joint development agreement which is still binding. There was a comment during the review process that they might need the consent of the adjacent property owner however, they had a meeting with the Town Attorney and it was concluded that they did not need to have the consent of the other property owner to amend their proffers. Shelby Caputo, Deputy Town Attorney further clarified that when looking at the Concept Plan it was her understanding that the Applicant was looking to make modifications to their portion of the property. In the Long Lane Case the court held that the other property owner really can't have an expectation that everything will remain the same on the other parcel. The Applicant has provided notice to the other property owner and that is sufficient under case law. Concerns were also expressed regarding preserving the historic look of this gateway into Town, the impacts on the adjoining neighborhood, and the elimination of more office and employment opportunities. Chairman Babbin asked the Applicant if they were ready to move forward towards a vote. Ms. Gleckner responded that she felt that they needed more time to make revisions. After further discussion it was determined to continue this case to a meeting in February. The date of which is too be determined. COMPREHENSIVE PLANNING None STAFF AND COMMITTEE REPORTS None SRTC REPORT Commissioner Robinson informed the Commission that they will need to have a representative from the Planning Commission attend the SRTC meetings in January. They meet the first Monday of the month. 6 Leesburg Planning Commission December 20, 2018 Minutes BAR REPORT None TOWN COUNCIL LIAISON REPORT • A swearing in ceremony earlier was held earlier in the evening for Mayor Burk, Suzanne Fox, Marty Martinez and Neil Steinberg. • There was a special meeting on December 19th on the RFP for Sycolin Cemetery and Council voted to rescind the RFP. They have scheduled a meeting on February l lthto work with the community on the next steps. • The Council did vote to approve moving forward with the lease for the Loudoun Museum with a couple caveats. The first is that there needs to be a preamble in this lease that talks about that the benefits to the Town and the second was the removal of a hold over provision which was in the last least that allowed the lease to extend for 16 years. It will now be a five year lease and the terms and conditions will be outlined. • The Eastern Gateway District Small Area Plan was not approved and has been continued to discuss many of the fine points within the Plan that Council feels have not been satisfied. OLD BUSINESS None NEW BUSINESS None ADJOURNMENT The meeting was adjourned at 9:26 pm Approved by: aren Cicalese, Commission Clerk Sharon, Babbin, Chairman t 8