HomeMy Public PortalAbout12 19 2019 PC MinutesThe Town of Lees6urg in Virginia
Leesburg Planning Commission
Meeting Minutes
December 19, 2019
The Leesburg Planning Commission met on Thursday, December 19, 2019 in Town Hall
Council Chambers, 25 West Market Street, Leesburg, Virginia 20176. Staff members present
included Susan Berry Hill, Mike Watkins, Barbara Notar, Tina Newton, and Karen Cicalese.
CALL TO ORDER
The meeting was called to order at 7:00 pm by Chairman Nacy.
Members Present: Chairman Nacy, Commissioners Barnes, Barney, Faliskie, Lanham,
Robinson, and Walker
ADOPTION OF AGENDA
Motion: Commissioner Robinson
Second: Commissioner Walker
Vote: 7-0
APPROVAL OF MINUTES
December 5, 2019 Draft Minutes
Motion: Commissioner Walker
Second: Commissioner Lanham
Vote: 6-0-1 (Robinson abstained)
DISCLOSURE OF MEETINGS
Commissioner Robinson disclosed a meeting with Colleen Gillis and Molly Novotny of Cooley,
LLP regarding the Shops at Compass Creek application.
Chairman Nacy disclosed a phone call with Colleen Gillis and Molly Novotny regarding the
Shops at Compass Creek application.
CHAIRMAN'S STATEMENT
Chairman Nacy wished all a Happy Holiday.
PETITIONERS
None
PUBLIC HEARING
TLZM-2019-0003, TLSE-2019-0005, TLSE-2019-0006, TLSE-2019-0007, and TLSE-2019-
0008 Shops at Compass Creek Public Hearing, Mike Watkins, Zoning Administrator,
Planning and Zoning
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Leesburg Planning Commission
December 19, 2019
Chairman Nacy opened the public hearing at 7:04 pm
Mr. Watkins gave an overview of the proposal application which included the following
applications:
(1) TLZM-2019-0003 — Rezone 4.67 acres from I-1 to B-3 to allow 10,500 square feet of non-
residential uses, principle eating establishments with drive-in facilities.
(2) TLSE-2019-0005 — A special exception to permit an eating establishment with drive-in
facility up to 2,200 square feet.
(3) TLSE-2019-0005 — A special exception to permit an eating establishment with drive-in
facility up to 2,650 square feet.
(4) TLSE-2019-0005 — A special exception to permit an eating establishment with drive-in
facility up to 2,650 square feet.
(5) TLSE-2019-0005 — A special exception to permit an eating establishment with drive-in
facility up to 3,000 square feet.
He explained that this was connected to the Compass Creek Boundary Line Adjustment as
Loudoun County Board of Supervisors require the property owner(s) consent and the approval of
the rezoning and special exception applications is a condition of consent from Leesburg
Commercial (the Applicant) and the ION Training Center. The Planning Commission and Town
Council retain legislative discretion to approve or deny the rezoning and special exceptions
applications.
Mr. Watkins noted that the subject property consisted of 4.67 acres, was currently vacant and
zoned I-1. The planned land use was regional office. There is acknowledgement that the market
for corporate office parks has changed. It is also noted in the staff report that there was a
significant impact to the planned land use to this area, with the County's rezoning of the
Compass Creek property. The proposed restaurant use supports regional and national sporting
venues; ION Training Center, Bolen Park, and Evergreen Sports Plex. It was staff's opinion that
the proposed use would be compatible with the Leesburg Executive Airport.
Mr. Watkins gave an overview of the proposed development and layout, development standards,
site design, adjacent future development, traffic analysis, architecture, and proffer analysis.
There ae three modification requests which include a shared parking agreement, buffer yard
planting material, and a reduction of the required side yard requirement from 25 feet to 20 feet.
Additionally, a waiver was granted for submittal of an Archeological Study based on the fact that
this land use analysis was conducted with the County Rezoning Application ZMAP-2012-0021.
Mr. Watkins discussed both the Rezoning Approval Criteria TLZO Section 3.3.15 and Special
Exception Approval Criteria TLZO Section 3.4.12 noting that the proposed applications were
compliant with both.
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December 19, 2019
He concluded with staff's recommendation of approval as the applications were in general
conformance with the Town Plan, consistent with the Zoning Ordinance approval criteria, and
the proposed development would serve the public necessity, convenience, and general welfare.
Colleen Gillis, Attorney, Cooley, LLP, representative for the Applicant, delivered the
Applicant's presentation. She gave an overview of the geographic location and regional road
network. She emphasized that the sports tourism in this area will be able to support the proposed
uses. She gave an overview of the Compass Creek Master Plan. The rezoning boundary was
also addressed and she noted that they were adding an additional 2.9 acres of I-1 zoned land on
the other side of Compass Creek Parkway. She discussed the architecture, design guidelines and
building elevations for each building. She noted that they have over planted wherever necessary
to green -up the site. Lastly, she discussed the fiscal analysis.
Planning Commission Questions
Can they be sit down restaurants or only drive -through?
Mr. Watkins replied that they could be sit down. The applicant has provided two layouts in the
Concept Development Plan.
Can you clarify the consent required from ION and the Applicant?
Mr. Watkins explained that when the Boundary Line Adjustment (BLA) was initiated, as part of
the Board of Supervisors policy, the Town needed to reach out to the property owners and ask
for their consent to initiate the process. In doing so, Leesburg Commercial and ION had two
items that they wanted to address by the Town Council and that was approval of these rezonings
and special exception applications.
Is there a limitation on the hours of operation?
Mr. Watkins replied that there were none in the zoning ordinance and staff did not put it in as a
condition of approval in the Planning Commission Staff Report.
Is the area being rezoned only on the east side of Compass Creek Parkway?
Mr. Watkins replied that it was.
Who reviews the architectural materials for substantial conformance?
Mr. Watkins replied that the Zoning Administrator reviews the materials.
Is their stormwater management offsite?
Mr. Watkins explained that there was a master plan for stormwater reviewed when the ION
facility was approved.
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Leesburg Planning Commission
December 19, 2019
Is there a master plan for lighting?
Mr. Watkins explained that at this stage, staff reviews general light distribution and make the
applicant aware that there is a zoning ordinance requirement preventing a V2 foot candle from
trespassing the property line.
Are they using common shared property for the shared parking agreement?
Mr. Watkins explained that the Applicant has demonstrated that there are proposed uses and
there is a parking table in the application that shows the requisite number of parking spaces per
use. The Applicant has demonstrated that they meet the requisite ratio, however they can't meet
it on each individual lot. The shared parking agreement allows for all the required parking to be
provided under a common agreement in the development area.
When will elevations and design be addressed?
Mr. Watkins explained that at this point the concept plan has memorialized building heights,
building orientation, and the general location of the building. The actual skin of the building will
be looked at in subsequent submissions.
Have there been any community input received?
Mr. Watkins explained that the public hearing had been properly advertised and letters sent to
adjacent property owners and staff has not received any negative feedback.
What is the total acreage?
Ms. Gillis answered that 4.67 acres was located within the Town limits and an additional of 13.7
acres on the other side.
Has this been reviewed with the FAA in terms of lights and building heights?
Ms. Gillis replied that it had not.
Mr. Watkins clarified that as part of the referral process, the plan was forwarded to the Airport
Manager, Scott Coffman, and staff did get preliminary, informal feedback that there were no
glaring issues and the development was still subject to the normal FAA certification.
Michael Oshnance, Civil Engineer, Bowman Consulting, explained that in preliminary studies
for this site, they had done extensive grading in relation to the FAA, the runway, and the
elevations to make sure that the height of the buildings will not interfere with the Zone of
Influence.
What are the operating expenditures for?
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December 19, 2019
Ms. Gillis replied that those figures were based on Town expenses that would cover things such
as Fire & Rescue Services, etc.
Does the Town have any issues with the methodology used with the Fiscal Impact Analysis?
Susan Berry Hill, Director, Planning and Zoning, explained that the subject property and overall
impact of the BLA properties are fiscally positive and there are no issues with the methodology.
Chairman Nacy called for public comment. Seeing none she closed the public hearing at 7:40 pm
and brought it back to the Commission for discussion. Seeing none she called for a motion.
Commissioner Lanham moved to approve rezoning application TLZM-2019-0003, Shops at
Compass Creek, based on the Findings for Approval as stated in the December 19, 2019 staff
report and on the basis that the Approval Criteria of Zoning Ordinance Section 3.3.15 have been
satisfied and 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 7-0.
Commissioner Lanham moved that special exception application for the Shops at Compass
Creek TLSE-2019-0005, Building G, including the Special Exception Plat dated November 19,
2019 be forwarded to the Town Council with a recommendation of conditional approval subject
to the conditions contained in the staff report dated December 19, 2019 on the basis that 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 Faliskie seconded the motion and the motion carried by a vote of 7-0.
Commissioner Lanham moved that special exception application for the Shops at Compass
Creek TLSE-2019-0006, Building H, including the Special Exception Plat dated November 19,
2019 be forwarded to the Town Council with a recommendation of conditional approval subject
to the conditions contained in the staff report dated December 19, 2019 on the basis that 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 Walker seconded the motion and the motion carried by a vote of 7-0.
Commissioner Lanham moved that special exception application for the Shops at Compass
Creek TLSE-2019-0007, Building J, including the Special Exception Plat dated November 19,
2019 be forwarded to the Town Council with a recommendation of conditional approval subject
to the conditions contained in the staff report dated December 19, 2019 on the basis that 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 Walker seconded the motion and the motion carried by a vote of 7-0.
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Leesburg Planning Commission
December 19, 2019
Commissioner Lanham moved that special exception application for the Shops at Compass
Creek TLSE-2019-0008, Building K, including the Special Exception Plat dated November 19,
2019 be forwarded to the Town Council with a recommendation of conditional approval subject
to the conditions contained in the staff report dated December 19, 2019 on the basis that 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 Walker seconded the motion and the motion carried by a vote of 7-0.
TLOA-2017-0006 Zoning Ordinance Batch Amendments Public Hearing, Mike Watkins,
Zoning Administrator, Planning and Zoning
Chairman Nacy opened the public hearing at 7:48 pm
Mr. Watkins explained that an initial public hearing was held on September 5, 2019 and
subsequent work sessions were held on October 3, 2019 and November 7, 2019. The deferred
action was requested by the Planning Commission to include a recommendation to the Board of
Architectural Review (BAR) member qualifications in the Zoning Ordinance and other questions
regarding proposed Homestay regulations. The Town Attorney's Office advised staff that the
public hearing should be re -advertised to give notice to the public of the revised language and the
addition of new amendments. The purpose of this public hearing was to answer any remaining
questions and to discuss the new amendments.
Highlighted changes include the following:
• Section 2.3.4 Board of Architectural Review Required Qualifications
• Section 5.5.3.0 Minimum Yards/Setbacks — Insert the term "Interior Side Yards" in each
of the tables.
• Add Personal Services to the use tables.
• Section 9.4.8 At -Home Doggie Day Care
• Section 9.3.11.2 Homestay
• Section 10.4.5.C.4 Balconies, Chimneys, Porches, Bay Windows, Stoops and Landings
• Section 3.3.19 Variance Approval Criteria
Planning Commission Questions and Discussion
Commissioner Lanham clarified that at a previous meeting, the Commission voted to
recommend striking the At -Home Doggie Day Care from the batch however, if Town Council
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Leesburg Planning Commission
December 19, 2019
choose to move forward with it they would like it to return to the Commission to develop
performance standards.
Do we have to allow Airbnb in Leesburg?
Mr. Watkins explained that we do not however, the Town would need to start enforcement on
those that already exist.
Could the HOA restrict parking?
Mr. Watkins replied that it could and that the HOA will always be more restrictive.
Could there be language in the ordinance regarding the restriction of parking to the owner's
property?
Mr. Watkins explained that the resident owner would need to have the authority to designate the
parking space. In the case of a townhouse, 2.5 spaces are required on the lot. The ordinance can
be drafted to create a separate standard per dwelling unit type parking.
Concerns were expressed regarding occupancy.
Mr. Watkins explained that occupancy can be restricted based on dwelling unit type.
How will this be regulated?
Mr. Watkins explained that if the ordinance was approved as written and six months from now
the Town was getting flooded with enforcement, the ordinance could be repealed as the use is
only grandfathered or vested for a year. This does not create a by -right use. It is subject to
renewal.
Will the Town benefit from the taxes generated from this use?
Mr. Watkins replied that the Town has a transient occupancy tax. Additional taxes would need
to be discussed at the Council level.
Can the ordinance mandate that HOA approval must be granted prior to obtaining a zoning
permit?
Mr. Watkins replied that language could be added to address this.
What happens if a renter won't leave after 180days?
Mr. Watkins explained that would be equivalent to squatters. If you are a lessee or lessor, and
your term expires, zoning does not get involved in that.
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Leesburg Planning Commission
December 19, 2019
Barbara Notar, Town Attorney, clarified that zoning only regulates the use, not the contract
between the BNB owner and the lessee.
Chairman Nacy called for a brief recess at 8:33 PM and the meeting resumed at 8:38 pm.
Chairman Nacy closed the public hearing at 8:40 pm and called for Planning Commission
discussion. Seeing none she called for a motion.
Commissioner Lanham moved to approve TLOA-2017-0006 Zoning Ordinance Batch
Amendments based on the initial staff report dated September 5, 2019 and revised through
December 19, 2019 based on the following amendments discussed tonight:
1. Striking the definition of Doggie Day Care as a personal service definition in 9.3.19
2. Striking the Doggie Day Care language in 9.4.8
3. Home Stay Item Number 5 with reference to parking will include a minimum of two
parking spaces on site
4. Reordering the language in Item 3.1.19
5. Inserting the words "Interior Lot Line" into the tables
Commissioner Walker seconded the motion and the motion carried by a vote of 7-0.
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
None
COMPREHENSIVE PLANNING
Ms. Berry Hill informed the Commission that the joint meeting, to discuss the Town Plan update,
between the Town Council and Planning Commission had been scheduled for January 27, 2019
with dinner at 6:00 pm and the meeting beginning at 6:30 pm.
STAFF AND COMMITTEE REPORTS
Updates on Cases at Council — Susan Berry Hill, Director Planning and Zoning
Ms. Berry Hill informed the Commission that Council took action on the Westpark Rezoning
and it was denied by a vote of 5-2.
SRTC REPORT
None
BAR REPORT
None
TOWN COUNCIL LIAISON REPORT
None
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Leesburg Planning Commission
December 19, 2019
OLD BUSINESS
None
NEW BUSINESS
None
ADJOURNMENT The meeting was adjourned at 8:52 pm.
Approved by:
r
f(a en Cicalese, Commission Clerk
OctAt
Kari Nacy, Chair
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