HomeMy Public PortalAbout09 05 2019 PC MinutesThe Town of Leesburg in Virginia
Leesburg Planning Commission
Meeting Minutes
September 5, 2019
The Leesburg Planning Commission met on Thursday, September 5, 2019 in Town Hall Council
Chambers, 25 West Market Street, Leesburg, Virginia 20176. Staff members present included
Susan Berry Hill, Scott Parker, Mike Watkins, Rich Klusek, Chris Murphy, Bill Ackman,
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, and
Walker
Absent: Nacy
ADOPTION OF AGENDA
Motion: Commissioner Barney
Second: Commissioner Faliskie
Vote: 6-0-1 (Macy Absent)
APPROVAL OF MINUTES
August 1, 2019 Draft Minutes
Motion: Commissioner Barnes
Second: Commissioner Walker
Vote: 6-0-1 (Macy Absent)
DISCLOSURE OF MEETINGS
None
CHAIRMAN'S STATEMENT
None
PETITIONERS
Jeff VanGilder, Sr., 201 Wild Turkey Way SW, Leesburg, VA 20175, came forward and
expressed concern regarding the North Star School Special Exception. Parking is an
overwhelming issue that has occurred and will reoccur unless it is addressed through the special
exception process to come up with a solution that can work for both the school and the residents.
PUBLIC HEARING
TLSE-2019-0003 Wee Garden Daycare New Public Hearing, Scott Parker, Sr. Planning
Project Manager
The public hearing was opened at 7:03 pm.
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September 5, 2019
Mr. Parker explained that this was a new public hearing for this application, previously before
the Commission in July of 2019. Due to an error in the notification process it was determined
that the July 18, 2019 public hearing was invalid and a new public hearing was required.
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 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. The State of Virginia licenses the daycare center and their license is in
good standing. Staff is recommending conditional approval of the application as it is consistent
with the Zoning Ordinance and the Town Plan.
Public Comment
Frederick Ackbari came forward as the Representative for the Applicant and addressed issues
raised regarding noise and parking by their neighbors at the previous public hearing.
Kathleen Crockett, 1317 Tenaya Way, NE, Leesburg, VA 20176 came forward and requested
denial of this application due to increased traffic and parking issues.
Carmen Bellacasa, 1784 Moultrie Terrace, NE, Leesburg, VA 20176, came forward and
expressed concerns regarding the number of children as she felt it was too many and could set a
precedent.
Jennifer Picardi, 1315 Tenaya Way, NE, Leesburg, VA 20176 came forward and expressed
concerns regarding noise as it inhibits her husband's ability to work from home. She requested
denial of this application and suggested relocating the business to a more appropriate area.
Balraj Singh, 1321 Tenaya Way NE, Leesburg, VA 20176 came forward in support of the special
exception request.
Kuljit Singh, 1321 Tenaya Way, NE. Leesburg, VA 20176 came forward in support of the
special exception application.
Mr. Ackbari responded to the public comment expressed noting that there is a need for home
based day care centers, and he does not believe that a parking issue exists.
Planning Commission Questions and Staff/Applicant Responses
If the application were to fail, when could the Applicant re -apply?
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Mr. Parker responded that it was one year.
Is there a need for an additional fulltime employee to accommodate an increase to 12 children?
Mr. Ackbari replied that they have one part time employee at this time and the increase will not
require an additional employee.
The public hearing was closed at 7:37 pm.
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 9.4.7 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 4-2-1 (Aye —
Barnes, Barney, Kidder and Lanham; Nay — Faliskie and Walker, Nacy Absent).
TLTA-2018-0003 Recertification of the Eastern Gateway District Small Area Plan Public
Hearing, Rich Klusek, Sr. Planner, Planning and Zoning
The public hearing was opened at 7:46 pm.
Mr., Klusek began with a brief history of the proposed Town Plan Amendment explaining the
Planning Commission originally forwarded the Eastern Gateway District Small Area Plan
(EDGSAP) to the Town Council on June 21, 2018. The Council held a public hearing on July
10, 2018 and then held five additional meetings to further discuss the Plan. During the course of
these meetings some changes were made to the Plan. These changes were primarily focused on
(1) ensuring that the Plan text emphasized the importance of employment; (2) adding phasing
language to the Plan to state that employment uses should be provided first; and (3) adding
language and photos concerning design. During this review, the Town's consultant had been
working on developing a VDOT required traffic study.
After making the changes the Town Council endorsed the Small Area Plan text and the Plan is
now ready for approval. However, State Code § 15.2-2226 requires the Town Council to take
formal action on a Comprehensive Plan within 90 days of the Planning Commission's resolution
recommending the plan for adoption. Since the Council was unable to take action within 90 days
of the Planning Commission's original resolution recommending approval on June 21, 2018, the
Plan is being returned to the Planning Commission for recertification.
The Town Council is also seeking Planning Commission input on the phasing section of the Plan
which is a section that was added by the Town Council. Specifically the Council requested the
Planning Commission give additional input on Phasing Policy #3. The Council voted to modify
this policy to allow some residential development in the early stages of a project, but to limit an
applicant's ability to seek additional residential development after initial residential development
is completed. The exact meaning of "some" was a topic of conversation at the Town Council and
Leesburg Planning Commission Minutes
September 5, 2019
consensus was not reached. Council also discussed concerns about future residents becoming
concerned about employment uses being constructed after those new residents move in.
Staff has provided the following options for the Planning Commission's consideration of
alternative language. The Planning Commission may use one of these policies or modify it as
they deem appropriate.
Option 1: Residential and non-residential components can be built simultaneously under a
phasing plan that emphasizes employment use, but further modifications to allow additional
residential will not be permitted.
Option 2: Some residential can be built in early stages of a project to provide funding when a
phasing plan is provided but applicants should not seek additional residential allowances that
reduce non-residential use of land once initial residential phases are complete.
Option 3: Application phasing plans that allow residential development to be considered in the
early phases of a project should reinforce that long term employment focus for the mixed-use
area. Such phasing plans should not be modified to reduce employment uses or seek additional
residential development once initial residential development is complete.
Option 4: Application phasing plans should demonstrate a long-term employment focus while
minimizing any potential future land use conflicts and potential opposition to new employment
uses from any new residences established prior to construction.
Public Comment
Molly Novotny, Land Use Planner, Cooley LLP, came forward on behalf of the Peterson
Companies, who own the property in the northwest corner of Route 7 and Battlefield Parkway.
That is the property designated in the Eastern Gateway Draft as "Mixed Use Neighborhood".
The proposed phasing language only applies to this property and they are very concerned with
the language as it is drafted. They have looked at the language options that staff has provided in
the staff report and they prefer "Option 2". They would like "Option 2" to replace numbers two
and three in the draft Plan.
Planning Commission Questions
Were there changes made to the maps or graphics?
Mr. Klusek responded that the majority of the changes were text edits however, additional photos
were added to demonstrate desired architectural character.
Is the traffic study required to approve the Comprehensive Plan?
Mr. Klusek replied that it is required by State Code.
Why wasn't the traffic study reviewed by the Planning Commission?
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Mr. Klusek explained that the Planning Commission did receive a copy of the traffic study at the
initial public hearing. At the same time, VDOT review was also taking place. VDOT provided
some comments and our consultant took a while to address those comments.
Were the changes made by the Council unanimous?
Mr. Klusek responded that they were not unanimous and he believed it to be a 5-2 vote to
endorse the Plan and send it back to the Planning Commission for recertification.
Why use words like "could" and "should"? Wouldn't percentages be more definitive?
Mr. Klusek explained that Council did discuss this but could not reach consensus on what a
percentage should be. The language, throughout the plan, is intended to provide some degree of
flexibility. The Planning Commission has the ability to better define "some" if they so desire.
The public hearing was closed at 8:18 pm.
Commissioner Lanham moved to defer this for further discussion at the October 3" Planning
Commission meeting and focus solely on phasing language.
Commissioner Faliskie seconded the motion and the motion carried by a vote of 6-0-1 (Nacy
Absent).
TLOA-2017-0006 Zoning Ordinance Batch Public Hearing, Mike Watkins, Zoning
Administrator, Planning and Zoning
The public hearing was opened at 8:23 pm.
Mr. Watkins explained that the Batch Amendment is a process for the regular review/amendment
to the Zoning Ordinance for the purpose of keeping the Ordinance current, relevant, and
comprehensible for users. Primarily batch amendments include State Code changes, use and
interpretation changes, correcting errors, and business/citizen requests. The Fall 2019 Batch
includes 28 changes which have been described in detail in the September 5, 2019 staff report.
The proposed amendments are staff recommendations. The Planning Commission's
recommendation to Council may include changes to the staff draft language, deletion of certain
amendments, and additional amendments. Additional amendments would require another public
hearing. Mr. Watkins gave a brief overview of the proposed amendments. The following
amendments were presented in more detail:
• Home Occupation — Add Doggie Day Care TLZO Sec. 9-.4.8 — This was requested by a
resident as the use is not currently permitted. The amendment would add performance
standards for a by -right use, and an allowance to request a special exception.
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• Home Occupation — Add Homestay (Airbnb) TLZO Sec. 9.4.8 — This is an interpretation
of a State Code Change and the use is not currently permitted. This amendment would
add a new home occupation use with performance standards.
• Accessory Uses — Add Vending Kiosk TLZO Sec. 9.4.9 — This is an interpretation
requested by a business. The use is not currently permitted and this amendment would
add a new accessory use with performance standards.
• Parking, Outdoor Seating TLZO Sec. 11.3 — This is an interpretation made by the Zoning
Administrator to address outdoor dining seating exemptions outside the B-1. This
amendment would exempt the first 20 outdoor seats, or five (5) parking spaces for
outdoor dining.
Planning Commission Questions and Comments
Why was the BAR not made aware of the amendments pertaining to the BAR?
Mr. Watkins explained that this process started in 2017 and at that time Tom Scofield was the
Preservation Planner. The amendments were Tom's suggestions vetted through the BAR at that
time.
Is it a State requirement that the BAR members must be residents of the Town?
Barbara Notar, Town Attorney, responded that it was not a State requirement. It is part of the
Town Code which states in the general membership section that "In all cases, except as specified
in the State Code, at least four members of any Board or Commission shall be residents of the
Town". There is nothing specific regarding the BAR.
Mr. Watkins clarified that the Commission could recommend to Council that residency for the
BAR be addressed in the Town Code. The amendment, as proposed, would only amend the
Zoning Ordinance.
Clarification was requested regarding the Certificate of Appropriateness (COA) Extension
amendment.
Mr. Watkins explained that upon approval up to four extensions (every six months) over a two
year period would be permissible. After two years the COA is no longer valid.
Is six the maximum amount of lodgers or can there be more if the building code allows?
Mr. Watkins answered that it is a maximum of six lodgers and restricted by the building code for
fewer.
It was suggested to require a Special Exception process for a Doggie Daycare Use in a residential
neighborhood and to eliminate performance measure number four.
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September 5, 2019
It was suggested to continue action to a future meeting to allow the BAR to opine on the
amendments that pertain to them. Staff will provide an information item in the BAR's
September 12th packet for their review and comments.
The public hearing was closed at 8:47 pm.
Commissioner Lanham moved to continue discussion of the Batch Amendments to the October
3rd Planning Commission meeting.
Commissioner Barnes seconded the motion and the motion carried by a vote of 6-0-1 (Macy
Absent)
A brief recess was taken at 8:51 pm and the meeting resumed at 9:00 pm.
TLSV-2019-0001 North Star School at C. S. Monroe Property Variation Public Hearing,
Bill Ackman, Director, Plan Review
The public hearing was opened at 9:00 pm.
Mr. Ackman explained that the Applicant, Loudoun County Public Schools (LCPS), is
requesting a variation of Subdivision and Land Development Regulations (SLDR). Section
4.02(g) of the SLDR requires frontage improvements, including street improvements, storm
drainage facilities, pavement, curb and gutter, and sidewalks. LCPS is requesting a variation of
the frontage improvements due to site constraints at each end of the sites frontage. Mr. Ackman
proposed two options for the variation as follows:
Option A
• 28 foot wide roadway without any on -street parking or sidewalk (meets VDOT standards)
• Does not include the ultimate required road widening for Childrens Center Road
• Does not include a crosswalk at Wild Turkey Way
• The only sidewalk connection east of the school entrance is to serve a pedestrian
connection to the school from the existing trail in Fox Ridge Park to Catoctin Circle
• The Applicant has agreed to provide a cash contribution to the Town for all required
ultimate frontage improvements not proposed with this development
• A possible downside of this option is that it seems plausible that if students don't have
parking available to them along the frontage of the school site, they will try to find
parking on public roads within adjacent subdivisions. It would also complicate future
road widening if and when it occurs.
Option B
• A portion of the frontage is widened to 38 feet of roadway to allow approximately 15 (22
foot long) on -street parking spaces and provides a sidewalk from the parking spaces to
the school as well as to Fox Ridge Park and Catoctin Circle (meets VDOT standards)
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• Reduces future disruptions to the school property if and when Childrens Center Road is
widened
• This option allows for parking along the frontage of the school site. If parking in this
area becomes problematic, the Town would have an option to stripe and sign this area
"No Parking" in the future
• Does not include the full ultimate required sidewalk and road widening for Childrens
Center Road
• Does not include a crosswalk at Wild Turkey Way
• The Applicant has agreed to provide a cash contribution to the Town for all required
ultimate frontage improvements not proposed with this development
Mr. Ackman concluded his presentation with staffs recommendation of Option B.
Sara Howard O'Brien, Representative for the Applicant, Loudoun County Public Schools
(LCPS), informed the Commission that they sent approximately 400 notices for this public
hearing via first class mail as well as notifying the adjacent property owners by certified mail.
LCPS is willing to go with either Option A or B at the Planning Commission's direction.
Public Comment
Jeff VanGilder, Sr., 201 Wild Turkey Way SW, Leesburg, VA 20175 came forward and
expressed concerns regarding any plan that would eliminate the on -street parking on Childrens
Center Road as he believes that students will be parking off campus. He noted his support for
Option B.
Heidi Long, Foxridge Subdivision, came forward and expressed concern regarding students
parking in the Foxridge Park parking lot and permit parking for the Foxridge neighborhood.
Bob Picarillo 305 Whitehourse Court SW, Leesburg VA 20175 came forward and suggested
including an option tied to the free parking. If free parking, Option A if not free parking, Option
B.
Planning Commission Questions
Is Foxridge Park owned by the Town?
Ms. Notar replied that it was but she was not sure about the parking requirements for that parking
lot. The Town could enforce the parking requirements for that lot.
Who handles the permit parking for the on -street parking?
Mr. Ackman responded that he believed that was handled by the Town Manager's Office,
Ms. Notar clarified that neighborhoods have to apply for the parking permits through the Town
Manager's Office and the Town Manager would hold a public hearing with Town Council.
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September 5, 2019
The public hearing was closed at 9:36 pm.
Commissioner Lanham moved to approve TLSV-2019-0001, a variation request of SLDR
Section 4.02(g) which states: "Developments that adjoin or include existing streets shall provide
such improvements as are necessary to bring said streets up to the standards specified in this
Article within or adjacent to the new development" along the Childrens Center Road SW
frontage for a parcel of land identified in the Loudoun County Land Records as PIN: 271-39-
2180 subject to the "Option B" Conditions of Approval contained in this report because the
evaluation criteria of SLDR Sec. 6.03 have been satisfied.
Commissioner Walker seconded the motion and the motion carried by a vote of 4-2-1 (Aye;
Barnes, Barney, Lanham and Walker; Nay: Faliskie and Kidder; Nacy Absent).
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
TLSE-2018-0008 North Star School at C. S. Monroe Property Work Session, Chris
Murphy, Sr. Planning Project Manager, Planning and Zoning
Mr. Murphy gave a review of the Planning Commission concerns expressed at the August 1,
2019 public hearing which included student parking fees, Childrens Center Road frontage
improvements, building architectural design, height of site lighting fixtures, and outdoor trash
cans.
Reponses to these concerns and those raised at the public hearing were provided in
correspondence from LCPS dated August 19, 2018 and August 28, 2019 which were included in
the Commission's agenda packet and included the following:
• Loudoun County School Board Finance and Facilities Committee is evaluating the
possibility of waiving the parking fees for the North Star School which will be discussed
during the upcoming budget process.
• Traffic reduction efforts Projects "Let's Go" and "Hop on the Bus" initiatives.
• Childrens Center Road frontage improvements Variation TLSV-2019-0001 (PC just
voted to recommend Option B)
• Revised Concept Design Presentation dated August 22, 2019
• Pole heights 17', top of fixtures 19 Y2 `, Max height is less than 20' TLZO Sec. 12.11.3E.
max height is 25'
• LCPS policy is to not provide outdoor trash receptacles for safety and security reasons
• There is a good neighbor program being provided at this school to teach the students to
be good neighbors to the surrounding community
In terms of architectural design, staff comments have been consistently intent upon keeping the
design of the building compatible with the traditional design found in Leesburg as is specified in
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the Town Plan Central Planning Sector Objectives. In response LCPS has submitted a revised
Concept Design dated August 22, 2019 which incorporates the staff and Commission's
comments. It was staff's opinion that this design illustrates a human -scaled design.
Mr. Murphy reviewed the findings for approval and noted that staff recommends approval
subject to the conditions contained in the September 5, 2019 Post Public Hearing Staff Report.
Planning Commission Questions and Comments
Are the concept elevations included in the conditions of approval such as substantial
conformance?
Mr. Murphy recommended that the Commission include a condition of substantial conformance
in their motion.
Is it possible to include a condition that the parking fee will be waived for the North Star School
in the motion?
Mr. Murphy responded that he was not in agreement with such a condition as it needs to clearly
define that the parking issue affects the use of the property. Additionally, the parking fee is a
known County wide policy of the School Board.
Ms. Notar noted her disagreement with Mr. Murphy and explained that if the Commission
believes that there is a significant impact for this special exception, and that impact is the traffic
in the neighborhood, she felt that the Commission can put as a condition that parking must be
free in the parking lot. She will research this further with Mr. Murphy before this goes before
Town Council in order to have a more definite recommendation.
Commissioner Lanham moved that Special Exception application TLSE-2018-0008, The North
Star School at C. S. Monroe Property, be forwarded to the Town Council with a recommendation
of approval subject to the conditions of approval as enumerated in the September 5, 2019
Planning Commission Post Public Hearing Staff Report with the addition of two conditions:
Condition 9 - Development of the property shall be in substantial conformance with the Plan
entitled "Revised Concept Design Presentation" dated August 22, 2019 prepared by Stantec
Condition 10 — Loudoun County Public Schools will waive fees for parking, specifically with
reference to the North Star School at C. S. Monroe
This recommendation is based on the Approval Criteria of Zoning ordinance Section 3.4.12 have
been satisfied, and that the proposal would serve the public necessity, convenience, general
welfare and good zoning practice.
Commissioner Barney seconded the motion and the motion carried by a vote of 6-0-1 (Macy
Absent).
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COMPREHENSIVE PLANNING
None
STAFF AND COMMITTEE REPORTS
None
SRTC REPORT
None
BAR REPORT
Commissioner Lanham informed the Commission that the BAR is having a special work session
on September 30th to discuss the architecture for the Shops at Russell Branch.
TOWN COUNCIL LIAISON REPORT
None
OLD BUSINESS
None
NEW BUSINESS
None
ADJOURNMENT
The meeting was adj ourned at 10:14 pm.
jApproed by:
_L `
C Ck 0 1 J--J)�
, are4 Cicalese, Commission Clerk
Doris Kidder, Chair
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