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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. 1 Leesburg Planning Commission Minutes 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 N Leesburg Planning Commission Minutes 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? 3 Leesburg Planning Commission Minutes 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). 4 Leesburg Planning Commission Minutes October 17, 2019 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. 5 Leesburg Planning Commission Minutes October 17, 2019 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. 1.1 Leesburg Planning Commission Minutes October 17, 2019 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 7 Leesburg Planning Commission Minutes October 17, 2019 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