HomeMy Public PortalAbout10 17 2019 PC MinutesThe Town of Lees6urg in Virginia
Leesburg Planning Commission
Meeting Minutes
October 17, 2019
i ne Leesburg Planning Commission met on Thursday, October 17, 2019 in Town Hall Council
Chambers, 25 West Market Street, Leesburg, Virginia 20176. Staff members present included
Susan Berry Hill, Brian Boucher, Mike Watkins, Scott Parker, Barbara Notar, Tina Newton, and
Karen Cicalese.
CALL TO ORDER
The meeting was called to order at 7:00 pm by Vice Chair Nacy.
Members Present: Commissioners Barnes, Barney, Nacy, and Walker
Absent: Faliskie, Kidder and Lanham
ADOPTION OF AGENDA
Motion: Commissioner Walker
Second: Commissioner Barney
Vote: 4-0-3 (Faliskie, Kidder, and Lanham absent)
APPROVAL OF MINUTES
October 3, 2019 Draft Minutes
Motion to amend the minutes to add more detail to the Planning Commission discussion
regarding the Recertification of the Eastern Gateway District Small Area Plan and the Zoning
Ordinance Batch Amendments: Commissioner Walker
Second: Commissioner Barney
Vote: 4-0-3 (Faliskie, Kidder, and Lanham absent)
DISCLOSURE OF MEETINGS
None
CHAIRMAN'S STATEMENT
None
PETITIONERS
None
PUBLIC HEARING
TLSE-2018-0002 Old Mill Pet Center Public Hearing, Scott Parker, Sr. Planning Project
Manager
The public hearing was opened at 7:03 pm.
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October 17, 2019
Mr. Parker explained that this was a special exception request to allow a canine day care facility,
animal hospital, and eating establishment on the property. The subject property is currently
zoned I-1, Industrial/Research Park and is not subject to any existing rezoning or special
exceptions. The Applicant is proposing a special exception for a combination canine day care
facility, veterinarian hospital and eating establishment; all of which require special exception
approval within the I-1 Zoning category. All of the uses are also subject to use regulations as
found within TLZO Sec. 9.3 as follows:
• TLZO Sec. 9.3.12, Kennels
• TLZO Sec. 9.3.9, Eating Establishment (without drive-in)
• TLZO Sec. 9.3.30, Veterinary Hospitals
The Applicant's proposal consists of a request for a single building to house all of the uses of
approximately 21,722 square feet, broken down as follows:
Canine day care (kennel)
12,229 SF
Veterinary hospital
7,406 SF
Eating establishment
29087 SF
The two story, 30 -foot tall facility contains all of the requested uses integrated into a single
building, with the eating establishment being part of the canine day care as an accessory use.
Access will be from Lawson Road, with the parking for the facility located in the front, serving all
of the uses. The vet hospital and canine day care/eating establishment will have separate entrances
for the public. The Applicant has indicated that the eating establishment is primarily for the use of
the canine day care patrons, but the public is welcome.
Old Mill Pet Center currently owns a facility across from this proposed location on Lawson Road.
It is anticipated that the existing facility will remain and that this new facility will complement that
existing facility.
The Applicant has requested one Zoning modification to allow a reduced lot line setback and one
waiver request to allow them to not be required to plant 10 street trees along the frontage of the
property for sight distance issues. Staff recommends approval of both the zoning modification and
waiver request.
Mr. Parker gave an overview of Town Plan Compliance, Special Exception Approval Criteria and
Use Standards. Staff found that that the proposal was in general conformance with the policies of
the Town Plan, the approval criteria of TLZO Sec. 3.4.12 have been satisfied, the use standards of
TLZO Sec. 9.3 have been satisfied and the proposal would serve the public necessity, convenience,
general welfare and good zoning practice.
Mr. Parker concluded with staff's recommendation of conditional approval subject to the following
conditions:
• Substantial Conformance
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October 17, 2019
• No Waivers Expressed or Implies
• Granting the Zoning Modification and Waiver Requests
• Location and Area
• Limitation on Outdoor Activity
• Odor Emissions
• Pet Waste Station
• Waste Disposal
Jack Williams, Christopher Consultants, Representative for the Applicant, introduced, Mike
Edelheit, Dr. Chris Hushin and Mark Hanlin and explained that they were in charge of the three
different parts of the proposed facility. The Doggie Day Care will be run by Mr. Edelheit, Dr.
Hushin will be in charge of the veterinary hospital, and Mr. Hanlin will be in charge of the
restaurant. He wished to address the architecture of the building as the Applicant had invested a
lot of time and expense into it. They hired BDA (Building Design for Animals), a nationally
renowned firm that does exclusively animal related architecture. They have done over 900
facilities in 46 states and 12 different countries and are excited about this building. They felt that
the proposed architecture was appropriate, if not better, than existing architecture in this area.
Planning Commission Questions
Has water and drainage been reviewed?
Mr. Parker replied that stormwater management was reviewed as part of the application and the
general criteria of the State and the Town have been met with a variety of underground filters,
etc. The specific details will be provided at site plan for the management of stormwater off the
site.
Were the residents of Beuregard notified of the public hearing and were there any concerns
expressed?
Mr. Parker explained that the property was posted and notices sent to adjacent property owners.
The Beauregard community is not adjacent to this property so they were not notified. He has not
received any negative comments from the public regarding this application.
Will there be any overnight stays at the pet hospital?
Mr. Parker explained that there was no overnight at the canine daycare but there could be some
overnight patients of the hospital.
Will there be any changes to the Old Mill Kennel use that is located across the street?
Mr. Edelheit replied that there would not be any changes.
Is any portion of the property going to be fenced?
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October 17, 2019
Mr. Parker explained that there is no perimeter fencing however there will be fencing on top of
the retaining wall along the back and side.
Mr. Williams further explained that there is also a fence between the retaining wall and the back
of the building for the dogs to come out for relief if needed.
Clarification of the modification and waiver was requested.
Mr. Parker explained that the modification request was the standard for the kennels regarding the
size and distance from the adjoining lot line and the waiver request was for the street trees.
Is the building visible for the Route 15 bypass?
Mr. Parker replied that it was not. The building fronts on Lawson Road.
What building materials are being used?
Mr. Williams responded that there were a variety of materials being used which included metal
siding, composite materials, stucco, and glass.
How close is this facility to a residence?
Mr. Parker responded that is was approximately 850 to 800 feet to the closest residence.
Clarification on restaurant use was requested.
Mr. Hanlin explained that the restaurant would add extra services to individuals who live in
Leesburg. People utilizing the Doggie Daycare would have an opportunity to catch a meal and it
would also serve individuals who are bringing their pets for extended time in the vet hospital. It
is also off the W&OD Trail and they are hoping to provide a service to them as well as those that
work in the area as nothing there are no restaurants currently existing in this location.
The public hearing was closed at 7:43 PM.
Commissioner Barney moved that Special Exception application TLSE-2018-0002, Sexton
Edelheit, LLC dba Old Mill Pet Center, be forwarded to the Town Council with a
recommendation of approval subject to the conditions of approval and modifications as
enumerated in the October 17, 2019 Planning Commission Public Hearing Staff Report on the
basis that the Special Exception Approval Criteria of Zoning Ordinance Section 3.4.12 and the
use standards of Section 9.3, as modified, have been satisfied, and further that the one (1)
requested modification and one (1) waiver be granted, because the proposal will serve the public
necessity, convenience, general welfare and good zoning practice.
Commissioner Walker seconded the motion and the motion carried by a vote of 4-0-3 (Faliskie,
Kidder and Lanham absent).
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TLOA-2019-0004 and TLTA-2019-0002 Proffer Amendments Public Hearing, Brian
Boucher, Deputy Director, Planning and Zoning
The public hearing was opened at 7:50 PM.
Mr. Boucher explained that on April 19, 2019 Town Council initiated amendments to the Zoning
Ordinance and Town Plan to undo restrictions against accepting proffers for residential rezonings
based on changes in the State proffer laws made at the 2019 Session of the Virginia General
Assembly.
In 2016, the General Assembly added a new section to the Virginia Code related to residential
rezonings. The intent was to protect developers against local governments who abuse the
rezoning process to get more proffers than are justified by a residential rezoning. There were
major concerns with the 2016 legislation language, specifically the new proffer standard for
"reasonable proffer", "specifically attributable" and "in excess of existing public facilities".
Further, this legislation reversed the legal presumption of reasonableness and placed the burden
of truth upon the Town. There was an "Escape Clause" in the legislation that exempted
residential development in an approved small area comprehensive plan.
In response to the 2016 legislation town Council directed staff to do the following three things:
1. Amend the Zoning Ordinance to prohibit proffers for residential rezonings outside of
exempt areas.
2. Amend the Town Plan to exempt the Crescent Design District (CDD) from the legislation
as a small area comprehensive plan.
3. Amend the Town Plan to exempt the primary remaining tracts of land attractive to
residential rezoning through the Eastern Gateway District Small Area Plan.
The amendments for items one and two were adopted July 11, 2017 however, the Eastern
Gateway District Small Area Plan is still under consideration.
The 2019 legislation removes the language restricting a locality from accepting or requesting any
unreasonable proffer however, the same proffer standard for "reasonable proffer", specifically
attributable" and "in excess of existing public facility capacity" remains as well as the legal
presumption of "reasonableness" and remedies for developers (fees and costs).
The major concern with the 2019 legislation is that the Town Plan has not been amended to
exempt the Eastern Gateway District Small Area Plan so the 2016 legislation would still apply.
Therefore, Staff will recommend to Town Council to put the effective date for the proffer
legislation repeal to a date in the future to give the Eastern Gateway District Small Area Plan the
opportunity to be adopted.
Mr. Boucher concluded his presentation with staff s recommendation of approval of both the
Zoning Ordinance and Town Plan amendments.
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Planning Commission Questions
Will there be enough time for the Eastern Gateway District Small Area Plan to be adopted before
this legislation goes into effect?
Mr. Boucher replied that theoretically there was enough time.
Susan Berry Hill, Director, Planning and Zoning, further clarified that discussion on the phasing
policies will continue at the November 7th meeting and if the Planning Commission is ready to
act they can make their recommendation and move this forward to Council.
Are there any other areas that qualify?
Mr. Boucher replied that there were not as most of what we have is built out. He explained that
there are a couple areas in Town that don't qualify as an exempt area and there are a few
potential areas where the 2016 legislation could apply such as Westpark.
The public hearing was closed at 8:27 PM.
Commissioner Barney moved that Zoning Ordinance Amendment TLOA-2019-0004, for the
purpose of addressing Virginia Code Section 15.2-2303.4 related to proffers for developments
with a residential component, be forwarded to the Town Council with a recommendation of
approval for the reasons stated in the Staff Report dated October 17, 2019, and on the basis that
the proposal would serve the public necessity, convenience, general welfare and good zoning
practice.
Commissioner Barnes seconded the motion and the motion carried by a vote of 4-0-3 (Faliskie,
Kidder and Lanham absent).
Commissioner Barney moved that TLTA-2019-0001, amendments to the Town Plan for the
purpose of addressing Virginia Code Section 15.2-2303.4 which is related to proffers for
developments with a residential component, be forwarded to Town Council with a
recommendation of approval for the reasons stated in the Staff Report dated October 17, 2019,
and on the basis that the proposal would serve the public necessity, convenience, general welfare
and good zoning practice.
Commissioner Walker seconded the motion and the motion carried by a vote of 4-0-3 (Faliskie,
Kidder, and Lanham absent)
TLOA-2019-0007 Amendments to add County Districts PD -CC -SC and PD -IP to TLZO
Public Hearing, Mike Watkins, Zoning Administrator
The public hearing was opened at 8:30 PM.
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Mr. Watkins explained that in anticipation of a Corporate Boundary Line Adjustment (BLA),
Council initiated this amendment to amend the Zoning Ordinance to include County zoning
districts that protect existing development approvals by Loudoun County.
The two districts are:
• PD -CC -SC: Planned Development - Commercial Center — Small Regional
• PD -IP: Planned Development — Industrial Park
The planned area for the Corporate Boundary Line Adjustment is adjacent to the airport and
encompasses a significant portion of the Compass Creek Development that was approved in
Loudoun County. Section 4.3.1 of the Zoning Ordinance requires that the area added to the
Town of Leesburg be zoned. The properties that are subject to the BLA have already been
through a legislative process in Loudoun County. One of the application types was a Map
Amendment ZMAP-2012-0021 which was the Crosstrail Commercial Center and included an
approved Concept Development Plan as well as proffers and design guidelines. These districts
shall be limited only to those developments incorporated into the Town of Leesburg and
designated PD -CC -SC by Town Council and limited by Parcel identification Number (PIN) and
specific application number.
The effects of this amendment are as follows:
• Inserts two new planned development zoning districts
• Protects existing development approvals
• Only applies to areas brought into the Town
• Only becomes effective after the BLA is approved
Mr. Watkins concluded his presentation with staff's recommendation of approval.
The public hearing was closed at 8:39 PM.
Commissioner Barney moved that Zoning Ordinance Amendment TLOA-2019-0007, addition of
County Districts, PD -CC -SC and PD -IP, to the Town of Leesburg Zoning Ordinance be
forwarded to the 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 can good zoning practice.
Commissioner Walker seconded the motion and the motion carried by a vote of 4-0-3 (Faliskie,
Kidder, and Lanham absent).
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
None
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STAFF AND COMMITTEE REPORTS
Town Plan Update on the Table Initiative, Susan Berry -Hill, Director, Planning and
Zoning
Ms. Berry Hill gave an overview of the "On the Table" initiative to encourage public
engagement in the Town Plan update process. She encouraged the Commission members to host
an "On the Table" as a Commission.
SRTC REPORT
None
BAR REPORT
None
TOWN COUNCIL LIAISON REPORT
None
OLD BUSINESS
None
NEW BUSINESS
None
ADJOURNMENT
The meeting was adjourned at 8:48 PM
Approved b
� �C �-
Karen Cicalese, Commission Clerk
Keri Nacy, Vice Chair