HomeMy Public PortalAbout09 19 2019 PC Minutes�� f L P
T h e M o w n o f L e e s b u r g i n V i r g i n i a
L e e s b u r g P l a n n i n g C o m m i s s i o n
M e e t i n g M i n u t e s
S e p t e m b e r 1 9 , 2 0 1 9
T h e L e e s b u r g P l a n n i n g C o m m i s s i o n m e t o n T h u r s d a y , S e p t e m b e r 5 , 2 0 1 9 i n T o w n H a l l C o u n c i l
C h a m b e r s , 2 5 W e s t M a r k e t S t r e e t , L e e s b u r g , V i r g i n i a 2 0 1 7 6 . S t a f f m e m b e r s p r e s e n t i n c l u d e d
S u s a n B e r r y H i l l , B r i a n B o u c h e r , M i k e W a t k i n s , R i c h K l u s e k , D e n n i s D a r n e s , R i c h W i l l i a m s ,
T i n a N e w t o n , B a r b a r a N o t a r , a n d D e b i P a r r y
C A L L T O O R D E R
T h e m e e t i n g w a s c a l l e d t o o r d e r a t 7 : 0 0 p m b y C h a i r m a n K i d d e r .
M e m b e r s P r e s e n t : C h a i r m a n K i d d e r , C o m m i s s i o n e r s B a r n e s , B a r n e y ( a r r i v e d a t 7 : 0 2 p m ) ,
F a l i s k i e , L a n h a m , a n d W a l k e r , C o u n c i l M e m b e r D u n n
A b s e n t : N a c y
A D O P T I O N O F A G E N D A
M o t i o n : C o m m i s s i o n e r W a l k e r
S e c o n d : C o m m i s s i o n e r L a n h a m
V o t e : 6 - 0 - 1 ( B a r n e y n o t p r e s e n t f o r v o t e )
A P P R O V A L O F M I N U T E S
S e p t e m b e r 5 , 2 0 1 9 D r a f t M i n u t e s
M o t i o n : C o m m i s s i o n e r W a l k e r
S e c o n d : C o m m i s s i o n e r L a n h a m
V o t e : 6 - 0 - 1 ( B a r n e y n o t p r e s e n t f o r v o t e )
D I S C L O S U R E O F M E E T I N G S
N o n e
C H A I R M A N ' S S T A T E M E N T
N o n e
P E T I T I O N E R S
N o n e
P U B L I C H E A R I N G
T L Z M - 2 0 1 8 - 0 0 0 4 W e s t p a r k P u b l i c H e a r i n g , R i c h K l u s e k , S r . P r o j e c t M a n a g e r , P l a n n i n g
a n d Z o n i n g
T h e p u b l i c h e a r i n g w a s o p e n e d a t 7 : 0 2 P M .
M r . K l u s e k e x p l a i n e d t h a t t h e r e w a s a T o w n P l a n A m e n d m e n t a s s o c i a t e d w i t h t h i s a p p l i c a t i o n
t h a t t h e P l a n n i n g C o m m i s s i o n r e v i e w e d e a r l i e r t h i s y e a r . T h e P l a n n i n g C o m m i s s i o n v o t e d t o
Leesburg Planning Commission Minutes
September 19, 2019
send a recommendation of denial of the Town Plan Amendment and the Applicant subsequently
withdrew the Town Plan Amendment Application. The Rezoning Application, before the
Commission tonight, deals with specifics of how the land would be developed. The Town Plan
Amendment considered a general land use concept.
The Applicant is requesting a rezoning to allow a 96 unit, single-family attached (townhouse)
residential development on the site of the former Westpark Hotel and Golf Course, and to
designate 129.79 acres of R -E zoned land as open space for potential conveyance to the Town of
Leesburg as public land. A large portion of the property that is proposed to be developed is
currently zoned B-3 (Community Office).
• 5.97 acres from B-3 to PRN (Planned Residential Neighborhood)
• 6.54 acres from R -E (Residential Single Family Estate) to PRN
• Total 12.51 acres
There is an additional 2.33 acres that would be rezoned from B-3 to R -E. This is essentially
where the driving range is currently located.
Mr.; Klusek informed the Commission that this was not a proffered rezoning as TLZO Sec.
3.3.3.E and 3.3.16.13 does not permit proffers. The Town has not and will not accept, suggest,
request or discuss any proffers.
This property is in the Floodplain Overlay District, the Creek Valley Buffer District, the Noise
Abatement Corridor Overlay District and the LDN 60 Mile Buffer.
Much of the golf course is and will continue to be planned for open space however, the land is
zoned R -E and it does allow for by right single development of houses on 3 acre lots.
Mr. Klusek gave an overview of the following major issues:
• The rezoning is inconsistent with Town Plan land use policy in this area
• This rezoning application proposes to remove residential development rights from this
area (approximately 129 acres) which would further Town Plan goals of preserving this
land as open space. Retaining this area as open space is in agreement with the land use
designation in both Planned Land Use and Green Infrastructure Policy Maps. Staff notes
that approximately 70 acres of the proposed open space land is in floodplain and
therefore cannot be developed.
• Town Plan Compliance (Highway Noise) - Staff is concerned about the compatibility of
the proposed townhouse units with the nearby highway (Route 7 Bypass) and believe that
that non-residential uses would be more appropriate in this location.
• The proposed rezoning would essentially prevent office use or other supportive uses
considered by the Town Plan from being developed on any portion of the subject
property. This is contrary to Town Plan economic policies seeking to maintain high -wage
and high tax revenue generating uses and policies that seek to limit the loss of
employment land
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September 19, 2019
• Uncertainty associated with "Donated Land" - Staff does note that land previously
designated as "Open Space" in the applicant's 2,d submission is now labeled as "Donated
Land." Staff is concerned about this specific terminology as it does not guarantee that the
land will actually be retained as open space. The designation of this area on the plan
should be revised to its former designation as "Open Space" to ensure that residential
development rights are removed as intended.
• Fiscal Impact — The Applicant calculated direct fiscal benefit of $6,350 per year. When
calculated using the Applicant methodology with actual Town data based on an analysis
that was conducted by the Town results in a negative fiscal impact of $64,284 per year.
The Applicant also estimates 1.128 million in spending per household (indirect benefits)
• No documentation of required easements along Bradfield Drive
• Unmitigated school impacts
• Unconfirmed stormwater design
• Noise study inconsistent with concept plan
• No commitment to noise mitigation
• No rear or side elevations
• Language regarding HOA responsibilities is not specific
• Decks and fences will not be possible on some lots
• No HOA Limitation on conversion of garages
• No Tot Lot details
• Plant material in Dominion Power easement
• Buffer yard requirements
• Plant Schedule
• Potential loss of existing buffer with Country Club Green Condominiums
• Lot sheet details
• Lot design
• Sanitary Sewer design
• Sewer Main routing
• Hydrant and Water Main locations
• Sidewalk along Clubhouse Drive
• Clubhouse Drive Centerline and Stations
• Storm Inlets not shown properly
• Spacing of large canopy trees
• Crossing needed for Rip -Rap Outfall
• Sizing of Storm Water Facilities
• Residential density
Mr. Klusek discussed rezoning approval criteria noting that there were conflicts with a number
of the criteria of the Town Plan however, the Application did meet some of the criteria
particularly with respect to natural resources, open space, and parks.
Mr. Klusek concluded with staff's recommendation to go to work session to address issues prior
to making their recommendation to Town Council.
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September 19, 2019
John Foote, Walsh Colucci, Lubeley & Walsh, P. C., representative for the Applicant, U.S.
Home Corporation D/B/A/ Lennar, noted that they did concur with staff's recommendation to go
to work session. A lot of the comments are new to the Applicant and are very detailed and
technically oriented. There are a number of comments regarding the stormwater management
system based upon a concern that the stormwater management system, as it has been designed,
may not function. He noted that they concur that there is a need to address these issues. He
wished to thank staff for their assistance, specifically Rich Klusek, as he has managed to help the
Applicant make this project a better one. He has helped them understand what the Town wants
in terms of detail, particularly the comments regarding stormwater management.
Mr. Foote noted that one of the constraints that both the Town and the Applicant face is that the
Town made a decision to address the change in the legislation regarding proffers. The Town
decided to abandon the proffer system. New legislation is now in effect and the Town is taking
up a potential change to the Town's ordinances. It is very difficult to satisfy some of the
concerns regarding their ability to commit to some of the things that Lennar is going to commit
to such as noise mitigation. The Applicant will work with Ms. Notar, the Town Attorney, to
ensure that Lennar will do what it says it will do. The open space is uncertain only in one
manner. We know that the golf course is going to terminate operations this fall which has
nothing to do with this application. Lennar has said that if this property is rezoned it will give
that land to the Town if the Town wants it. Virginia Law permits applicants to give land to
municipalities. He will continue to work with Ms. Notar on a Deed of Gift. He requested a
work session to allow the Applicant to address the comments received by staff.
Public Comment
Terry Hale, 1222 Bradfield Drive, SW, Leesburg, VA 20175 came forward and expressed
concerns regarding density, traffic, maintenance of the open space, and security.
Timothy Schott, 703 Country Club Drive, SW, Leesburg, VA 20175 came forward in support of
the application as it would complement surrounding uses. He strongly supported removing the
residential development rights from the remaining 130 acres so that it remains open space.
Greg Murphy, Leesburg resident came forward in support of the application as he was in support
of the Town keeping the golf course. He felt the Town could run a golf course successfully.
Meg Burk, Ward Circle, Leesburg, VA 20175 came forward in support of keeping a hotel in this
location as a by right use as she felt it was needed in the Town. She expressed concerns
regarding affordable housing, the lack of consistency with the Town Plan and if there was a Plan
B in the event the Town didn't want the open space. She suggested that perhaps Lennar could
create a trust to help maintain the open space, build a community center or clubhouse, and
restore and repair the pond.
Mike Sierra, Chancellor Street SW, Leesburg, VA 20175 came forward and noted his agreement
with his neighbor, Tim Schott's comments.
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September 19, 2019
Planning Commission Questions
Was the Applicant aware of the outstanding issues, and if so why bring the application forward?
Mr. Foote responded that they thought that their third submission would be sufficient for the
Planning Commission. They did not receive the staff report, which alerted them to suggested
changes, until last week. After receiving the second submission comments they reworked the
plans. Twenty-two of the comments from the third submission were new to them and it was felt
that they could bae addressed at a work session.
Mr. Klusek clarified that staff identified over 75 issues in the second submission. After
receiving the comment letter the Applicant requested to come to a public hearing as they
believed that they could address all of those issues in their third submission. Staff did find some
issues that had not entirely been resolved and based on some minor changes there were some
new comments that came about as well. While there might be some number of new issues that
came from changes the Applicant made, a lot of the overall general topics shouldn't be very new.
Will just the plan be approved without proffers?
Mr. Klusek replied that there are no proffers associated with this application so the approval
would be subject to the concept plan notes.
Mr. Foote agreed that the development plan is the legal document. They tried to put a lot of
things in the notes such as noise mitigation.
Please clarify the draft escrow agreement that references the gift of the land being tied to the
number of units.
Mr. Foote explained that the escrow agreement has been redrafted and is a working document.
The idea is that this document will affect the gift but they are still working on the language.
Has the Town considered where facilities such as a club house, maintenance facility and other
parking would be located in the event it is decided to have this land remain a golf course?
Ms. Notar explained that staff has had preliminary discussions regarding golf course versus open
space. Until Town Council directs staff to fully engage in the gift, all is preliminary. Staff will
delve deeper when directed by Council.
Is the golf course shutting down this fall?
Mr. Foote replied that that is what they've been told.
The public hearing was closed at 8:01 pm.
Planning Commission Discussion/Comments
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The Planning Commission expressed concerns regarding rezoning commercial land to
residential, inconsistencies with the Town Plan, design, density, traffic affordable housing, fiscal
impact, highway noise, impact on schools, engineering issues, cost and value to the community,
and the acquisition of park land being unclear.
Commissioner Nacy moved that Rezoning Application TLZM-2018-0004, Westpark, be
forwarded to the Town Council with a recommendation of denial on the basis that the Approval
Criteria of Zoning Ordinance Section 3.3.15 and 8.2.2.F have not been satisfied for the following
reasons which would be rezoning commercial to residential is not consistent with the Town Plan
and it will not serve the public necessity, convenience, general welfare and good planning
practice.
Commissioner Barney seconded the motion.
Commissioner Lanham suggested amending the motion to strike "for the following reasons".
Commissioner Nacy accepted the amendment.
The motion carried by a vote of 7-0.
Chairman Kidder thanked the members of the public for their attendance and participation and
encouraged all to participate in the Town Plan update process.
A brief recess was taken at 8:25 pm and the meeting resumed at 8:31 pm
TLOA-2019-0006 B-3 Modifications Public Hearing — Mike Watkins, Zoning
Administrator, Planning and Zoning
The public hearing was opened at 8:31 pm.
Mr. Watkins explained that the purpose of the amendment was to allow for flexibility on the
Ordinance to permit modifications of lot standards in proffered B-3 rezoning applications. This
will provide for flexibility of ownership, address lending preferences, and promotes good design.
The amendment will only apply to proffered rezoning applications and must be requested as a
modification. Current regulations provide regular patterns that are standardized and predictable.
Recently, the Shops at Russell Branch highlighted the need to modernize our Zoning Ordinance.
The Shops at Russell Branch was a B-3 proffered rezoning recently approved with individual
land bays and multiple buildings. When this application was approved ownership was not
considered. They have since started marketing the property and have discovered that the tenants
that they are speaking to prefer fee simple lots. The proposed amendment would not change the
proffered layout however, it would allow for a lot width reduction, setback reductions, and a five
foot increase in building height. This modification would not be allowed adjacent to residential
uses.
Mr. Watkins concluded his presentation with staff's recommendation of approval.
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As there were no questions from the Commission and no members of the public wishing to
address the Commission the public hearing was closed at 8:37 pm.
Planning Commission Questions, Discussion and Comments
Why is it important to do this now?
Mr. Watkins explained that it was in response to the Shops at Russell Branch as current
regulations impede their ability to move forward. This would allow them to offer fee simple lots
to their future tenants. It is also an opportunity to modernize the Ordinance.
The Russell Branch application was approved because we worked very hard make sure the
property would have good circulation, be pedestrian friendly, and be attractive. Would the
proposed amendment impact that?
Mr. Watkins explained that it would not. This is the reason that this modification would only be
allowed in a proffered B-3 rezoning, This does not change the Commission's review and Council
approval of the proffered layout.
Commissioner Lanham moved that Zoning Ordinance Amendment TLOA-2019-0006
Modifications for Density/Intensity and Dimensional Standards for the B-3 District as proposed
in the revised edited version provided to the Planning Commission by staff at its September 19,
2019 public hearing be forwarded to Town Council with a recommendation of approval, on the
basis that the amendments further the objectives of the Town Plan 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.
COMPREHENSIVE PLANNING
Short Briefing on Town Plan Update Processes and Fall Schedule, Susan Berry Hill,
Director, Planning and Zoning
Ms. Berry Hill gave an overview of the update process to date and public outreach efforts.
Public outreach will kick off on October 2nd with a public work shop at Ida lee. She encouraged
the Planning Commission to attend and participate. The consultant will be presenting their
findings to the Planning Commission at their meeting on October 3rd
Other opportunities for public input include hosting an At the Table event as well as polls and
surveys on the Legacy Leesburg website. There will also be another public event held
November 8th through the 12th. The Consultant will be presenting their findings to Council on
November 13th
After the presentation to Council, the Consultant will begin to put together policy guidance and
the Commission will be involved in shaping that information with a draft to be ready in the
spring of 2020. Once the document is drafter, the public hearing process will begin.
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Leesburg Planning Commission Minutes
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STAFF AND COMMITTEE REPORTS
None
SRTC REPORT
None
BAR REPORT
Commissioner Lanham informed the Commission that the BAR discussed the proposed Batch
amendments that pertain to the BAR and concerns were expressed regarding the BAR makeup
and consistency with the Town Code.
There is also a special meeting on September 30th to discuss the Shops at Russell Branch.
TOWN COUNCIL LIAISON REPORT
None
OLD BUSINESS
None
NEW BUSINESS
Commissioner Barney expressed a public safety concern effecting the building industry. He was
advised to follow up with staff.
ADJOURNMENT
The meeting was adjourned at 8:59 pm.
App r ved by:
Karn Cicalese, Commission Clerk
Doris Kidder, Chair