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Home My Public Portal About03 21 2019 PC MinutesTfiie Mown of Leesburg in Virginia Leesburg Planning Commission Meeting Minutes March 21, 2019 The Leesburg Planning Commission met on Thursday, March 21, 2019 in Town Hall Council Chambers, 25 West Market Street, Leesburg, VA 20176. Staff members present included Susan Berry Hill, Brian Boucher, Russell Seymour, Shelby Caputo, and Karen Cicalese. CALL TO ORDER The meeting was called to order at 7:00 pm by Chairman Kidder. Members Present: Chairman Kidder, Commissioners Barnes, Barney, Faliskie, Lanham, Nacy, and Walker and Council Member Dunn ADOPTION OF AGENDA Motion: Commissioner Walker Second: Commissioner Lanham Vote: 7-0 APPROVAL OF MINUTES March 7, 2019 Draft Minutes Motions: Commissioner Barnes Second: Commissioner Walker Vote: 7-0 DISCLOSURE OF MEETINGS None CHAIRMAN'S STATEMENT None PETITIONERS None PUBLIC HEARING TLOA-2018-0003 Crescent District Design Modifications Zoning Ordinance Text Amendment, Brian Boucher, Deputy Director, Planning and Zoning Chairman Kidder opened the public hearing at 7:04 pm Mr. Boucher, at Chairman Kidder's request, gave a brief overview of form based code as it relates to the Crescent Design District. Leesburg Planning Commission March 7, 2019 Mr. Boucher explained that on August 14, 2018, Town Council approved Resolution 2018-102 (see Attachment 1) to initiate several items related to the Crescent Design District (CDD), including, as an interim step, new modification allowances to regulations in the district. The goal is to expand the ability for applicants to request modifications within the CDD so long as the vision and intent of the CDD is met. The ordinance amendments themselves should be an expansion of the modifications currently permitted in the CDD to address areas where more flexibility is advisable to make the intent of the district more achievable. The modifications proposed are based on actual experience implementing the ordinance and consultation with potential developers in the district. Mr. Boucher gave an overview of the proposed amendments which are intended to address a need for flexibility identified through actual implementation of the ordinance through work with potential developers in the CDD. The proposed amendments are as follows: 1. Proposed Modification #1: Allow the Town Council to reduce the TLZO Sec. 7.10.4.A Required Build -to Line frontage requirement from 66% to 50%. Proposal: The Zoning Administrator has the authority to decrease the building frontage requirement from 66% to 50% in TLZO Sec. 10.4.E subject to two specific criteria. This amendment would allow the Town Council to grant a frontage decrease to the same degree as part of a rezoning or special exception application without being subject to the two specific criteria. 2. Proposed Modification #2: Allow the Town Council to modify the setback standard for buildings on lots abutting residences as part of a rezoning or special exception found in TLZO Sec. 7.10.4.G. Proposal: The above requirement was intended for situations where residential uses closely abut nonresidential uses in the CDD. However, there are some situations where residential uses, even single-family detached uses, are well setback from their own property line. In order to allow flexibility in these situations while still respecting the intent of the CDD, a modification to allow the Town Council to reduce this setback to as little as 10 feet is proposed. 3. Proposed Modification #3: Allow the Town Council to modify the setback standard for buildings on lots abutting public open space as part of a rezoning or special exception found in TLZO Sec.7.10.4.H Structures on Lots Abutting Public Open Space. Proposal: The above requirement was intended for situations where open spaces closely abut nonresidential uses in the CDD. However, there are some situations where the side or rear of a nonresidential building may not have a negative impact on the use or aesthetic value of open space. In order to allow flexibility in these situations while still respecting the intent of the CDD, a modification to allow the Town Council to reduce this setback to as little as 10 feet is proposed. Leesburg Planning Commission March 7, 2019 4. Proposed Modification #4: Permit a modification of TLZO Sec. 7.10.5.A.I Maximum Number of Parking Spaces to allow certain B-1 parking standards to be utilized in the CDD. Proposal: Currently the CDD must use the regular, suburban -oriented parking standards of TLZO Sec. 11.3 when determining required parking. Recently, the Town Council adopted parking standards that recognize the urban nature of the B-1 District. This modification would allow the Town Council to permit the B-1 parking standards as part of a CDD development. 5. Proposed Modification #5: Permit a modification of TLZO Sec. 7.10.8.A.1 Minimum Height and Stories Required to allow Council to modify the number of stories required in a building. Proposal: This amendment would permit the Town Council to approve a building with fewer stories than shown on the Building Height Map anywhere in the CDD. For example, although the map does not permit a one-story principal building anywhere in the CDD, Town Council could, as part of a legislative application, approve a one-story building if they believe the intent of the CDD is met in the particular case. 6. Proposed Modification #6: Allow the Town Council to modify the setback standard for buildings on lots abutting residential district as part of a rezoning or special exception found in TLZO Secs. 7.10A.G, Sec. 7.10.9.A.2 [5], Sec. 7.10.9.B.2.[4], Sec. 7.10.9.C.2 [2], Sec. 7.10.9.D.2 [2], Sec. 7.10.9.E.2 [2], Sec. 7.10.9.F.2 [1], and Sec. 7.10.9.G.2 [1]. Proposal: The above requirement was intended for situations where residential districts closely abut nonresidential uses in the CDD. However, there are some situations where residential districts have dwellings that are well setback from their own property line and the CDD. In order to allow flexibility in these situations while still respecting the intent of the CDD, a modification to allow the Town Council to reduce this setback to as little as 10 feet is proposed. 7. Proposed Modification #7: Permit a modification of TLZO Sec. 7.10.8.17 Height Zones to allow Council to permit more than the maximum number of stories required in a building. Proposal: Currently, the CDD specifies the maximum number of stories that can be in a building in the chart in TLZO Sec. 7.10.8.F. This modification would give the Town Council authority to increase the number of stories specified in the chart. 8. Proposed Modification #8: Permit a use modification to allow uses not otherwise permitted in the use list for the CD-MUR, CD-MUA, CD -C and CD -CC Districts. Proposal: The Town Council would have the authority to add specific uses listed by an applicant to a particular district as part of a rezoning or special exception request. 9. Proposed Modification #9: Allow the Town Council to modify TLZO Sec. 7.10.11.G Street Access as part of a rezoning or special exception application. Leesburg Planning Commission March 7, 2019 Proposal: These standards would be modifiable by the Town Council so long as the proposal meets the intent of the CDD. 10. Proposed Modification #10: Permit Town Council to decide on all modifications made as part of a rezoning or special exception application. Proposal: To simplify the modification process during a rezoning or special exception, the new language seeks to give the authority to decide all of these existing modifications to the Town Council. 11. Proposed Modification #11: Allow the Town Council to modify TLZO Sec. 7.10.9.A.2 CD - RM townhouse 20' rear yard setback as part of a rezoning or special exception application. Proposal: The Town Council may modify the setback standard of Secs. 7.10.9.A.2.D and 7.10.9.B.2.D to reduce the 20 foot rear yard setback on lots abutting residences as part of a rezoning or special exception application 12. Proposed Amendment 11: Set review and approval standards for the proposed 11 modifications so that they meet the intent of the CDD. Proposal: Submission and Council review standards are important to ensure that the modification request is in keeping with the intent of the Town Plan and the CDD. Chairman Kidder called for public comment. Brian Cullen, Keane Enterprises, owner of Virginia Village, came forward noting that they had purchased the Virginia Village shopping center about two and a half years ago with the intent of redeveloping the property. There are a lot of constraints under the existing CDD regulations and noted that if these modifications were to be approved they would submit an application. He felt it would be a good test case for redevelopment in the CDD. Chairman Kidder called for Planning Commission questions. Planning Commission Questions and Staff Responses: Will the proposed modifications apply to by -right development? Mr. Boucher replied that they would not however, the existing 19 modifications in our ordinance would. The proposed modifications would only apply to a rezoning or special exception application. How many Planned Residential Neighborhoods (PRN) are in the CDD? Mr. Boucher answered that there was only one, Crescent Place. Would the proposed modifications apply to commercial districts only? 4 Leesburg Planning Commission March 7, 2019 Mr. Boucher responded that they would. There are a number of districts within the CDD that have a residential component, however the two that are predominantly residential were not included. How did the CDD become so restrictive? Mr. Boucher explained that in the beginning of the process we started with a form based code which literally takes decision making powers away from the Planning Commission and Town Council. There were concerns about everything being by -right and the uses that would be allowed in the CDD. What started as a pure form based code evolved into a hybrid district; part form based code and part Euclidian district. Restrictions were added to protect existing residential uses which we have seen in practice to be more restrictive in trying to replicate something like Downtown. In approving these modifications, will commercial space be converted to residential? Mr. Boucher explained that these modifications will be requested as a part of a rezoning or special exception which will come before the Planning Commission for their recommendation. The Commission could expect to see requests for mixed use districts. Is there a concern that the proposed wording is too subjective? Mr. Boucher clarified that Council has the final decision for all legislative applications and there was risk involved for an applicant. Asking for the modifications during a rezoning or special exception application would allow the Commission and Council to view the request as a whole to determine whether it meets the intent of the CDD. Susan Berry Hill, Director, Planning and Zoning, emphasized that this is an interim step. The ultimate goal is to look at the CDD holistically and make permanent changes, thereby eliminating the need for modifications. How many property owners have developed by -right in the CDD? Mr. Boucher explained that no new buildings have been built by -right to date. The two applications that have been approved in the CDD have gone through a rezoning process and have had some modifications. What criteria will be used to address height? Mr. Boucher explained that the intent of the CDD was to create an extension of Downtown. To obtain the highest allowable height would require a rezoning at which time topographical features could be discussed. An application will be evaluated on its impact on the district overall. Will the Board of Architectural Review be involved in the application process? 0 Leesburg Planning Commission March 7, 2019 Mr. Boucher answered that they would not be involved at all. Is there a time limit for the interim modifications or will they stay in effect until the Town Plan is changed? Mr. Boucher explained that there is a longer term idea to take a look at the CDD and make more significant changes and that it was his understanding that the proposed interim modifications would remain in effect until that happened. Would it be possible to work through some scenarios as a group to get a better understanding of how the modifications would work in a particular instance? Mr. Boucher explained that the proposed modifications were based on conversations about possible redevelopment with various folks. The modifications do come together in conjunction as they all relate to each other. Have there been other projects proposed since the CDD was approved? Mr. Boucher responded that Crescent Parke, a mixed use development, had been approved as well as Patriot Self Storage, an office storage facility. Chairman Kidder closed the public hearing at 8:23 pm and called for Planning Commission discussion. Planning Commission Comments While it was appreciated that there was interest in redeveloping Virginia Village, it was not a reason to approve all these modifications for one applicant, particularly when we have a comprehensive view that will be coming to the Planning Commission in the near future. It was asked that the Commission wait until they have had a chance to view the comprehensive report before continued discussion of the proposed amendments. The proposed modifications are temporary and are improvements to what we have right now. By not addressing, at least some of these issues, it continues to create challenges for the CDD. Why make interim changes if there is a way to push it forward and make substantial changes now. After further discussion, it was determined to defer additional discussion until such time as the Commission has had the opportunity to view the comprehensive report. Commissioner Lanham moved to defer further discussion to a work session to be held on April 18, 2019. Commissioner Barnes seconded the motion and the motion carried by a vote of 7-0. Chairman Kidder called for a brief recess at 8:41 and the meeting resumed at 8:46 pm. R Leesburg Planning Commission March 7, 2019 SUBDIVISION AND LAND DEVELOPMENT None ZONING None COMPREHENSIVE PLANNING Town Plan Review — Chapter 1, Susan Berry Hill, Director, Planning and Zoning Ms. Berry Hill explained that at the February 7th Planning Commission meeting, Chairman Kidder noted that she would like for the Commission to get prepared for the upcoming comprehensive Town Plan update project starting later in the spring. To get prepared, she proposed the Commission review the goals and policies in each chapter of the Town Plan. The process would involve staff providing a brief overview of each chapter at upcoming meetings, agenda permitting. This was supported by a majority of the Commission and it was agreed to begin on March 7th. Due to a heavy agenda on March 7th, this was deferred to tonight's meeting. Ms. Berry Hill gave an overview of Chapter 1, "Introduction" which focused on the following: • Vision • Powers of the Plan • 2012 Town Plan Process and Update • Regional and Local Planning Context • Joint Land Management Area (JLMA) • Plan Implementation and Monitoring • Plan Amendment Process • How to Use the Plan STAFF AND COMMITTEE REPORTS None SRTC REPORT None BAR REPORT Commissioner Lanham gave an overview of the BAR meeting noting that there wasn't anything of consequence to the Planning Commission. TOWN COUNCIL LIAISON REPORT None OLD BUSINESS None 7 Leesburg Planning Commission March 7, 2019 NEW BUSINESS None ADJOURNMENT The meeting was adjourned at 9:09 pm. Ap . roved by: r 1 ( /`/Karen Cicalese, Commission Clerk Doris Kidder, Chair