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HomeMy Public PortalAbout07 18 2019 PC MinutesT The Town of Lees6urg in Virginia Leesburg Planning Commission Meeting Minutes July 18, 2019 The Leesburg Planning Commission met on Thursday, July 18, 2019 in Town Hall Council Chambers, 25 West Market Street, Leesburg, Virginia 20176. Staff members present included Susan Berry Hill, Scott Parker, Barbara Notar, 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 June 20, 2019 Draft Minutes Motion: Commissioner Walker Second: Commissioner Lanham Vote: 7-0 DISCLOSURE OF MEETINGS None CHAIRMAN'S STATEMENT None PETITIONERS None PUBLIC HEARING TLSE-2019-0003 Wee Garden Family Daycare. Scott Parker, Sr. Planning Project Manager, Planning and Zoning Chairman Kidder opened the public hearing at 7:02 PM. Mr. Parker explained that the Applicant was requesting Special Exception approval to allow a home-based family day home for up to 12 children in the PRN (Planned Residential Neighborhood) zoning district at 1319 Tenaya Way, N.E., within the River Pointe (formerly PMW Farms) subdivision of Leesburg. The family day home will operate between the hours of Leesburg Planning Commission July 18, 2019 7:00 am and 6:00 pm and one assistant, who is not a resident of the home will be employed by the daycare. Sufficient outdoor area exists on the property to allow all 12 children to be outdoors at one time, although it is not the intention of the Applicant to have all children outside at the same time. Child drop off and pick up times will be staggered and there is adequate parking and access to the home to meet safety requirements. Staff is recommending conditional approval of the application as it is consistent with the Zoning Ordinance and the Town Plan. Frederick Ackbari, the Applicant, noted his agreement with the staff report and suggested that the Commission take a look at their website and view the comments made by those using the daycare as it was a good indication of how the daycare is serving the community. Public Comment Anthony Picardi, 1315 Tenaya Way, NE, Leesburg, VA 20176, came forward and requested that the Commission deny the application. He works from home and is disturbed by the noise the children make when they are playing outside. He also expressed concerns regarding parking, traffic, safety, and the quiet enjoyment of his home. Kathleen Crockett, 1317 Tenaya Way, NE, Leesburg, VA 20176, came forward and expressed concerns regarding increased traffic and safety during drop off and pickup times. Additionally, her husband works nights and sometimes he is disturbed by the children if they are outside in the morning and he is trying to sleep. Parking has also been an issue. Planning Commission Questions How were the neighbors notified? Mr. Parker explained that letters were sent, via certified mail, to the adjacent property owners. Did staff receive any feedback from the adjacent property owners? Mr. Parker replied that he had not had feedback from any member of the community who had been notified. Can the Applicant plant some shrubs or trees to mitigate the noise? Mr. Parker explained that it is not a requirement by ordinance but the Planning Commission can make that recommendation to Town Council. How many children can they have without the special exception? Mr. Parker explained that they can have up to nine children. They are currently operating under an allowable home occupation use for up to nine children. Would there be another employee required if they increase to 12 children? Fa Leesburg Planning Commission July 18, 2019 Mr. Parker replied that under the ordinance two assistants are allowed regardless of the number of children. Is there a minimum fence height requirement in the ordinance? Mr. Parker explained that there is a minimum fence height requirement of four feet for the family day home section of the ordinance. How many children are residents of the home? Mr. Ackbari replied that there was one child living in the home. Commissioner Walker asked if the residents in the Townhomes behind the Applicant's home were notified of the public hearing. Mr. Parker replied that they were not notified. Chairman Kidder closed the public hearing at 7:30 pm and called for Planning Commission discussion. Concerns were expressed regarding the increased noise, traffic and parking associated with the addition of three children. It was suggested that the Applicant plant some trees to help mitigate the noise. It was also suggested that the Applicant work with the neighbors to find solutions to mitigate the noise, traffic and parking concerns expressed. Chairman Kidder moved that special exception application TLSE-2019-0003, Wee Garden Daycare be forwarded to the Town Council with a recommendation of conditional approval, subject to the conditions contained in the staff report dated July 18, 2019 on the basis that the approval criteria of Zoning Ordinance Sections 3.4.12 and 9.3.4 have been satisfied and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. Commissioner Faliskie seconded the motion; however, the motion failed by a vote of 1-6 (Aye - Faliskie). Commissioner Lanham moved that special exception application TLSE-2019-0003, Wee Garden Daycare be forwarded to the Town Council with a recommendation of denial on the basis that the approval criteria of Zoning Ordinance Sections 3.4.12 and 9.3.4 have not been satisfied and that the proposal would not serve the public necessity, convenience, general welfare and good zoning practice. Commissioner Barnes seconded the motion and the motion carried by a vote of 6-1 (Nay - Faliskie). 3 Leesburg Planning Commission July 18, 2019 SUBDIVISION AND LAND DEVELOPMENT None ZONING None COMPREHENSIVE PLANNING Town Plan Review — Chapter 7, Susan Berry Hill, Director, Planning and Zoning Ms. Berry Hill gave an overview of Chapter 7 Land Use. STAFF AND COMMITTEE REPORTS None SRTC REPORT None BAR REPORT Commissioner Lanham noted that there were two applications for Delirium Cafe. The first was for an upgrade to their patio and the second was for window signage. Both were approved. There was another discussion regarding the Times Mirror building which was also approved. TOWN COUNCIL LIAISON REPORT Council Member Dunn informed the Commission that they postponed the decision on Church and Market to their August work session. Council is also considering action within the JLMA. OLD BUSINESS None NEW BUSINESS Ms. Berry Hill informed the Commission that all members received an email from our IT Department alerting the Commission that all Boards and Commissions members are required to take an online security training class. A link to sign up was included in the email. ADJOURNMENT The meeting was adjourned at 8:09 pm. 4rApoved b n Cica e , Commission Clerk Doris Kidder, hair 4