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HomeMy Public PortalAbout05 16 2019 PC MinutesThe Town of Leesburg in Virginia Leesburg Planning Commission Meeting Minutes May 16, 2019 The Leesburg Planning Commission met on Thursday, May 16, 2019 in Town Hall Council Chambers, 25 West Market Street, Leesburg, Virginia 20176. Staff members present included Susan Berry Hill, Rich Klusek, 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 (left at 8:45 pm), Nacy, and Walker Absent: Council Member Dunn ADOPTION OF AGENDA Motion: Commissioner Lanham Second: Commissioner Nacy Vote: 7-0 APPROVAL OF MINUTES May 2, 2019 Draft Minutes Commissioner Lanham noted that Commissioner Nacy was omitted in the attendance section of the minutes. Commissioner Lanham moved to approve the minutes as amended. Second: Commissioner Walker Vote: 6-0-1 (Barnes abstained) DISCLOSURE OF MEETINGS Commissioner Lanham disclosed a brief telephone conversation with Taylor Chess, the Applicant for the Shops at Russell Branch. Commissioner Barnes disclosed a brief meeting with Molly Novotny before the meeting regarding the Shops at Russell Branch application. CHAIRMAN'S STATEMENT None PETITIONERS None 1 Leesburg Planning Commission May 16, 2019 PUBLIC HEARING TLZM-2018-0003, TLSE-2018-0003, TLSE-2018-0004, TLSE-2018-0006, and TLSE-2018- 0012 Shops at Russell Branch Public Hearing — Rich Klusek, Sr. Planner, Planning and Zoning Chairman Kidder opened the public hearing at 7:03 pm and invited staff to make their presentation. Mr. Klusek began with a brief history of the application noting that the Lowes's rezoning application (TLZM-2010-0002) was originally approved by Town Council on January 28, 2014. That application did provide some entitlements and the ability to develop on the subject property. The Applicant is proposing a Concept Plan and Proffer Amendment (rezoning) to change the layout and eliminate use restrictions from the proffers. Along with this application are four special exception applications for a service station (gas station), self-service car wash, vehicle service facility, and a full service car wash. The rezoning application would allow up to 62,830 square feet of retail development and there are seven buildings proposed. The four Special Exceptions Requests were discussed as follows: TLSE-2018-0003 and TLSE-2018-0006 Service Station/Carwash • 24 hours • 8 pumps (16 fueling stations) • 6,120 square feet • Convenience store with food • Attached self-service car wash TLSE-2018-0004 Vehicle Service • 7,550 square feet • 12 Bays • 7 am to 10 pm (Monday to Saturday) • 8 am to 6 pm (Sundays) TLSE-2018-0012 Full Service Car Wash • 6,000 square feet plus 5,000 square feet under outdoor canopy • 7 am to 8 pm (Monday to Saturday) • 8 am to 6 pm (Sundays) The applicant requested a change to the operating hours of the full service car wash. The staff report stated 7 pm and updated conditions of approval were provided on the dais tonight that reflect this change. The additional hour is not of concern to staff as there is already an existing retail use open until 10 pm in this area. The automotive facility will also operate the same hours. 2 Leesburg Planning Commission May 16, 2019 Mr. Klusek also noted that an alternative layout is proposed in the event that the car wash does not move forward. In this case, the applicant would be requesting a standard retail building with B-3 uses. Mr. Klusek gave a brief overview of the subject property noting that a key aspect of this property is the future interchange at the corner of Route 7 and Battlefield Parkway. Future car dealerships are planned adjacent to Lowe's and the existing Town facilities (Sewage Treatment Plant and Maintenance Facility) are located to the south. The Town Plan considers this area as Regional Office however, about one year ago a Town Plan Amendment, for this parcel, was approved by both the Planning Commission and Town Council which allows additional retail uses. The site is currently zoned B-3 and the Applicant is proposing to retain that B-3 zoning. The purpose of this rezoning is to amend the Concept Plan. The site layout maintains the existing four-way intersection which, staff feels, provides a very good circulation system. This also retains the Town Plan intent to maintain the long term potential for a roadway that might one day connect to the Village at Leesburg. Additionally, this roadway network will retain long term redevelopment potential. Staff feels that the proposed layout provides a good interim use, provides revenue to the Town sooner, and makes use of a challenging site given the existing auto -oriented nature of the Lowe's store and nearby uses. The proposed uses are complimentary to the larger Lowe's use. The existing buffer surrounding the perimeter of the site would be maintained and the dead vegetation would be replaced. Some of the buffering in the northwest corner would be removed as part of the interchange project. The Town would be removing that portion of the buffer. The Applicant, however has committed to replace those plantings wherever possible in consultation with Town staff. There will also be buffering along the interior of the site throughout the various parking areas and along the roadways. Mr. Klusek gave an overview of the project status beginning with the initial acceptance for review in May of 2018. There have been a total of four submissions and several changes have been made throughout the process. Some of the changes were requested by staff while others were proposed by the Applicant. The First Comment Letter contained 88 comments and now staff is recommending approval as there are no outstanding issues. Mr. Klusek explained that the typical proffers were provided under the original Lowe's rezoning application. Fulfilled proffers, such as the construction of Russell Branch Parkway have been removed. The Fire/Rescue Proffer is included. He also gave an overview of the proffer updates which occurred after the packet went out and served to address the remaining outstanding issues. One essentially limited the amount of flexibility for Buildings 3 and 4 in the event the gas station and vehicle services were not developed. The proffers now state that any change would have to go through the Zoning Administrator for the termination of substantial conformance or return to the Planning Commission for a Rezoning and Concept Plan Amendment. Additionally, language was removed that staff felt was erroneous regarding the way the various plans were defined for VDOT and the Battlefield Interchange. Mr. Klusek noted that this application had a Board of Architectural Review (BAR) referral. This application was reviewed by the BAR at their work session on May 6, 2019. The purpose was to 3 Leesburg Planning Commission May 16, 2019 have a discussion on building placement, orientation, and layout. The BAR did have concerns about massing and lack of four-sided architecture particularly for Buildings 1 and 2, however it was felt that the issues could be addressed with articulation, fenestration, and material variation. Due to this site's location in the H-2 Overlay, each building will need to be reviewed by the BAR for a Certificate of Appropriateness (COA). Mr. Klusek gave an overview of each Special Exception application and the associated Conditions of Approval noting that the full text of the conditions were in the staff report. He also discussed the Rezoning Approval Criteria noting that the rezoning application meets all the necessary criteria. The Applicant did propose a very minor change to the width and depth of Building 1 and staff did not have issues with this change. This change will be made prior to the Town Council's plan set. Mr. Klusek concluded with staff's recommendation of approval noting the proposal was consistent with the Town Plan, all outstanding issues had been addressed and architecture will be reviewed by the BAR during the COA process. Molly Novotny, Urban Planner, Cooley LLP, representative for the Applicant, Russell Branch Retail, LC, delivered the presentation. She began with a comparison of the approved Lowe's Plan and the 2019 proposed Plan noting that the proposed plan maintains the internal street grid network, preserves long term main street potential, maintains four land bays, ensures development in each land bay, is within the approved square footage, and maintains and expands the dedicated right-of-way for the interchange. When Lowe's was approved, 120,000 square feet of development was assigned to this property. They are only proposing approximately 63,000 square feet of development. She explained that a year ago the Applicant came in for a Town Plan Amendment to allow for a full retail development at this property. This was adopted based on the surrounding properties, surrounding uses, as well as the planned uses like the auto sales establishment on the other side of Lowe's and the auto -oriented nature of the property. There were two criteria approved at that time that allowed for a full retail development. One was that special consideration be given to landscape and building design to enhance these parcel's function as a gateway into the community and high-quality architecture and fagade treatments should be used for all development. The second was that all development should maintain the long term potential for a "main street" roadway connecting to the Village at Leesburg. Ms. Novotny discussed the site layout noting that the requested rezoning covers the entire property and allows the site to maintain the B-3 zoning and to allow the Applicant's specific Concept Plan. The four special exception requests are all aligned along Russell Branch Parkway due to the auto -oriented uses and they have been grouped together for easy access. There are also four buildings that are traditional B-3 buildings and include Building 1 which is 11,000 square foot of mixed retail uses, Building 2 is the grocery, and Buildings 6 and 7 are traditional B-3 so they could be stand-alone restaurants, retail pad sites or commercial. She also discussed the pedestrian paths that would be established within this center as well as connect to Lowe's. Russell Branch Parkway has an existing multi -use trail along it and with the construction of the Battlefield Parkway/Route 7 Interchange there will be a trail on the exterior of the property as well. Lastly, building architecture and building location were addressed. She noted that they had initially proposed a flat canopy for the service station and staff asked them to upgrade it to a 4 Leesburg Planning Commission May 16, 2019 pitched roof canopy. Additionally, the images shown for Building 1 and 2 have been revised to address BAR comments and are different than what was included in the agenda packet. Chairman Kidder noted that she wished to make a statement prior to soliciting questions from the Planning Commission members. It was her feeling that this was a very important application and she felt that more time was needed for a thorough review in light of the changes that had been made and discussed at this meeting. She wished to extend the review to another meeting. Planning Commission Questions and Concerns and Staff/Applicant Responses How is the architecture referenced in the proffers? Ms. Novotny replied that they have a proffer that requires the Applicant to be in conformance with these drawings as modified by the BAR. The entire property is subject to the H-2 guidelines and the BAR has final oversite for the architecture. There is a requirement for the rezoning to include architectural elevations and there is a proffer that speaks to that as well. However, the BAR maintains final approval. There were a number of concerns expressed regarding the architecture and there was a desire expressed to make those concerns known to Town Council. Mr. Klusek explained that the planning Commission can certainly make comments and suggestions regarding architecture however, the ultimate final say is with the BAR. The BAR shared the same concerns as staff regarding four-sided architecture and staff felt confident that this will be adequately addressed by the BAR. In response to concerns expressed regarding the architecture Ms. Novotny displayed revised elevations for Buildings 1 and 2 which were done in an effort to begin to address BAR concerns. Concerns were expressed regarding the pedestrian friendliness of the site. Ms. Novotny brought up the slide that highlighted pedestrian pathways and explained that the areas in bright red were the proposed pedestrian pathways and the existing pathways were depicted in dark red. They also have a proffer that there will be bike racks and outdoor space at Building 1 for outdoor seating. Building 6 and 7 could also have some outdoor seating. Mr. Klusek explained that the Town's interchange project will provide additional pedestrian connectivity as there will be a connection from Russell Branch Parkway over Route 7 to Potomac Station Drive. How wide are the walkways? Ms. Novotny replied that they were at least six feet in width and up to eight feet in some areas. The ordinance requires five feet. Will all the buildings be built as one project? 61 Leesburg Planning Commission May 16, 2019 Taylor Chess, Peterson Companies, responded that it would. They have a number of leases already completed. Building 1 is a multi -tenant building and will not be leased until it is approved. They are still working on the restaurant and/or retail in Buildings 6 and 7. Ms. Novotny clarified that Buildings 2, 3, 4, and 5 have leases they are working on currently. When were the perimeter trees planted and will they be affected by the site preparation? Mr. Klusek responded that they were planted when Lowe's was constructed in 2015 and 2016. The site work should not affect this area. Ms. Novotny clarified that Lowe's did the initial ground work when the store was constructed and the storm water management facilities and other underground requirements are already completed so the site will not need to be cleared. What kind of tree disruption will be caused by the Battlefield Interchange construction? Ms. Novotny explained that the reservation area has been enlarged and will be dedicated to the Town. The construction on this site will not affect that area. They also have a re -landscaping plan if needed and have agreed to replant any trees that are removed as part of the interchange design or any plants that have died in the last four years. Has the Town's Urban Forrester looked at this application? Ms. Berry Hill, Director, Planning and Zoning, responded that there were three staff members who reviewed the landscaping as part of the staff review and their comments are incorporated in the staff comments. Mr. Klusek clarified that the Town is creating the loss of trees, not the Applicant. Concerns were expressed regarding the service station canopy design and height. Mr. Klusek explained that the Zoning Ordinance requires a height that would essentially limit the design to a flat canopy. Staff looked as examples of gas stations that they liked which had canopies with a sloped roof. It was staff's opinion that the sloped roof looked better in this location. Are the canopy lights and parking lot lights going to be white or yellow? Mr. Klusek explained that the lighting would meet all of the Town's Zoning Ordinance standards. Lighting plans were reviewed by staff and there were a number of comments on lighting and all comments have been addressed. Ms. Novotny clarified that all of the lights will be energy efficient. They will be LED lights. 31 Leesburg Planning Commission May 16, 2019 Mr. Klusek referenced Sheets C-6 and C-6.1 noting that they provided the lighting plans as well as the Kelvin rating and the color is listed as 4,000K. How high are the lights around the site? Ms. Novotny explained that they have not requested a height modification and believed that the Ordinance allows for 25 feet in height and they were within the Ordinance standards. Where will the dumpsters be located? Ms. Novotny showed the location of the dumpsters on the concept plan noting that they will be screened on four sides. They have tried to consolidate the dumpster areas and loading spaces between buildings so they can be shared. Chairman Kidder closed the public hearing on all five applications at 8:21 pm. Commissioner Kidder motioned to continue to another meeting to see more detailed revisions before it goes to the BAR. Commissioner Barney seconded the motion. Vote: 4-3 (Nay: Faliskie, Nacy, and Walker) After further discussion, a work session was scheduled for the June 6th meeting. SUBDIVISION AND LAND DEVELOPMENT None ZONING None COMPREHENSIVE PLANNING Town Plan Review — Chapter 6- Susan Berry Hill, Director, Planning and Zoning This was deferred to the June 6th meeting. STAFF AND COMMITTEE REPORTS SRTC REPORT None BAR REPORT None TOWN COUNCIL LIAISON REPORT None 7 Leesburg Planning Commission May 16, 2019 OLD BUSINESS Bylaws, Shelby Caputo, Deputy Town Attorney Ms. Caputo explained that the Bylaws needed to be amended to include State Code Section 15.2.229 on Page 1 of the Bylaws. The remaining changes are in the attachments and as Town Code and State Code amendments are made, it will not be necessary to amend the bylaws as they are just attachments. Commissioner Nacy moved to approve the amendment to the Bylaws. Commissioner Walker seconded the motion. Vote: 6-0-1 (Lanham absent for vote) Summer Calendar — Cancel second meeting in August Ms. Berry Hill explained that in the past, the Planning Commission traditionally has not held a second meeting in August due to vacations, etc. She asked the Commission if they wished to cancel the second meeting in August. Chairman Kidder wished to see what would be coming forward to determine if they would cancel that meeting. Warrenton Planning Commission Tour Ms. Berry Hill informed the Commission that this had been scheduled for Wednesday, June 5th from 10:00 am to 3:30 pm. Lunch will be provided in the lower level of Town Hall. More details will follow. NEW BUSINESS None ADJOURNMENT The meeting was adjourned at 8:55 pm. Ap roved by: K ren Cicalese, Commission Clerk Doris Kidde , Chair