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HomeMy Public PortalAbout01 16 2020 PC MinutesThe Town of Leesburg in Virginia Leesburg Planning Commission Meeting Minutes January 16, 2020 The Leesburg Planning Commission met on Thursday, January 16, 2020 in Town Hall Council Chambers, 25 West Market Street, Leesburg, Virginia 20176. Staff members present included Susan Berry Hill, Scott Parker, Chris Murphy, Rich Klusek, Eric Meske, Renee LaFollette, Jason Cournoyer, Vanessa Grigsby, Rich Williams, Patrick Moore, Bud Siegel, Terry Yates, Tina Newton, and Debi Parry. CALL TO ORDER The meeting was called to order at 7:00 pm by Chairman Nacy. Members Present: Chairman Nacy, Commissioners Barnes, Barney (arrived at 7:03 pm) Faliskie, Lanham, Robinson, and Walker ADOPTION OF AGENDA Chairman Nacy amended the agenda to move the Capital Improvements Program presentation ahead of the Leesburg South Floodplain Alteration/ Reclamation public hearing. Susan Berry Hill, Director, Planning and Zoning, added Committee Assignments under New Business. Motion to adopt the agenda as amended: Commissioner Walker. Second: Commissioner Lanham Vote: 6-0-1 (Barney not present for the vote) APPROVAL OF MINUTES December 19,12019 Draft Minutes Motion: Commissioner Walker Second: Commissioner Lanham Vote: 6-0-1 (Barney not present for the vote) January 2, 2020 Draft Minutes Motion: Commissioner Walker Second: Commissioner Lanham Vote: 6-0-1 (Barney not present for the vote) DISCLOSURE OF MEETINGS None CHAIRMAN'S STATEMENT Chainiian Nacy thanked Commissioner Lanham for his service on the Planning Commission, noting that he will be missed. 1 Leesburg Planning Commission Minutes January 16, 2020 PETITIONERS None PUBLIC HEARING TLSE-2019-0004 Leesburg South Floodplain Alteration/Reclamation, Chris Murphy, Sr. Planning Project Manager Chairman Nacy opened the public hearing at 7:33 and invited staff to make their presentation. Mr. Murphy explained that this was a Special Exception request by Washington, Virginia Traditional Development Sites, Inc. to alter the boundaries of Major Floodplain on the property situated in the northeast quadrant of the intersection of South King Street and Evergreen Mill road in order to reclaim 9.6 acres as useable land. Mr. Murphy gave an overview of the subject property which is located in the Town Plan's Southwest Planning Policy Area noting that it is comprised of five parcels having a cumulative area of 46.89 acres with 24.7 acres designated as Major Floodplain. The property is currently undeveloped and used for agricultural purposes. The base zoning is R-1 Single Family Residential and is partially subjected to the H-2, Creek Valley Buffer, and Floodplain Overlay Districts. The Leesburg Bypass is located to the north, R-1 (Meadowbrook) to the south, PRC to the east, and R-E and R-4 to the west. The proposed Floodplain Alteration will add fill and regrade certain areas on the property. This grading and fill activity requires Special Exception approval pursuant to TLZO Sec. 7.11.9.D Floodplain Overlay District Regulations. In 2017 FEMA revised its Flood Insurance Rate Maps (FIRM). Prior to that revision only 18.9 acres were designated as floodplain on the property. The floodplain alteration will reclaim 9.6 acres leaving 15.1 acres of floodplain on the property. Mr. Murphy gave an overview of Town Plan compliance objectives and Special Exception use standards as they relate to the proposed application. Findings for Approval were addressed as follows: • The floodplain alteration/ reclamation is consistent with the goals and objectives of Land Use Policy type Low Density Residential with the option for Community Commercial pursuant to Southwest Planning Area Objective 1, found in Chapter 6 of the Town Plan. • Town Plan Land Use General Objective #1 encourages the preservation of natural resources so that these resources are incorporated as amenities to development projects. • The floodplain alteration/reclamation complies with applicable regulations of the R-1 Single -Family Residential Zoning District provided in TLZO Sec. 5.2. • The proposal would serve the public necessity, convenience, general welfare and good zoning practice. 2 Leesburg Planning Commission Minutes January 16, 2020 Matt Lawrence, Pennoni Associates, the Applicant's representative, noted that they had been working with staff since 2016 in an effort to understand and mitigate the impacts that the FEMA re -mapping would have on this property. Limits of the existing floodplain were established using a model from an approved FEMA application for adjacent development. In analyzing the existing model, the outer limits of the floodplain were found to be a result of a backwater condition. Backwater is an area of stagnant water generally created by restriction in downstream flow. In this case the restriction of downward flow is the culvert under the Leesburg Bypass. Because the areas of backwater are stagnant they do not assist in conveyance of the floodplain through the culvert. Filling the backwater areas will not increase water depth or velocity and do not impact upstream or downstream properties. Additionally, this application does not impact wetlands or the Creek Valley Buffer as the fill is no closer than approximately 220 feet from the stream. The Applicant acknowledges that all future development, will need to meet all land development regulations, Zoning Ordinance and DCSM requirements. Public Comment Jenny Wolfe, 222 Alpine Drive, SE, Leesburg, VA 20175, came forward and expressed concerns regarding alterations to the typography of the land. She listed the benefits of existing floodplain regulations to protect Tuscarora Creek. She asked that the Planning Commission deny this application. Stephanie Sams, Evergreen Meadows resident, came forward and expressed concerns regarding recent rain storms causing flooding in the neighborhood and felt that this floodplain alteration would add to this. She too was not is support of this application. Planning Commission Questions What can be built there now? Mr. Murphy replied that it was zoned R-1 so one home per acre on area that is not in the floodplain. Since it is not permissible to build on floodplain it would be less than 20 houses. The Town Plan has a designation of Low Density Residential or Community Commercial. Community Commercial would require a rezoning. Would FEMA give insurance to homes built in the fill areas? Mr. Murphy explained that FEMA would have to do a conditional letter of map revision as part of site plan approval. This application has nothing to do with developing this property. Is there a reason to reclaim land if you are not going to develop it? Mr. Murphy replied that ultimately the Applicant would like to develop it but that is not part of this application. Why did FEMA extend the floodplain? 3 Leesburg Planning Commission Minutes January 16, 2020 Eric Meske, Sr. Project Manager/Section Chief, Department of Plan Review, explained that as a part of the re -mapping in 2017, FEMA also updated the flows which took into account the additional development that has occurred since the original FEMA maps. Also they used more accurate modeling techniques. Why are we reviewing this application before we have a letter from FEMA? Mr. Meske explained that this is the process required by our regulations and zoning ordinance. Permission from the legislative body must be granted before they can approach FEMA. Staff has looked at their engineering calculations and is comfortable that there is no rise. Mr. Murphy clarified that should this application be approved, the Applicant would still need approval from FEMA before moving forward. What about flooding in other areas nearby? Mr. Meske explained that this is in an area of backwater which does not affect flow. It can be filled in and not affect the 100 year floodplain elevation. Mr. Murphy also explained that this application would not take away wetlands, but rather preserve them. Mr. Meske added that from a FEMA perspective they could probably fill that in and show that they would not impact the floodplain elevation; however, the Applicant chose not to disturb those wetlands. Has the Town always required special exception approval to fill in the floodplain? Mr. Meske replied that it did not. This came about as part of the 2017 Zoning Ordinance regulatory changes that now require a special exception to fill in the floodplain and this is the first application coming forward. Mr. Murphy clarified that the Town enacted a new floodplain overlay district with these new regulations for various activities in the floodplains. This was established for permitted and special exception uses within those floodplain areas. The two members of the public that spoke expressed concerns regarding neighborhood flooding. Will this impact the Evergreen Meadow community? Mr. Meske replied that it should not. The Applicant has to show, at the time of site plan, that they meet all outfall requirements in the DCSM. There are also additional overland relief criteria requirements that must be met. Will they ever be able to build in the remaining 15 acres? Mr. Murphy explained that they would not because it is floodplain. 4 Leesburg Planning Commission Minutes January 16, 2020 Could the Town be at risk if this application were to be approved and the land gets developed and then there is a big rain and it floods? Mr. Murphy explained that it would not as the Town would have followed all regulations and would have all the information that it is not located in the 100 year flood plain. Does the Town have to endorse the floodplain alteration study? Mr. Meske responded that it did. He is a certified Floodplain Manager and would need to sign a certification that we all agree that this is correct to the best of our knowledge. Our jurisdiction goes through more detail than most and we have a great relationship with FEMA because of this. Chairman Nacy closed the public hearing at 8:20 pm and called for Planning Commission discussion. Do the Virginia DEQ and the Core of Engineers review requests for filling in the floodplain? Mr. Meske explained that the Core of Engineers would be involved with the wetlands portion. The Applicant will still need to comply with all DEQ regulations with regards to stormwater management, water quality, and water quantity regulations. Staff will review for compliance on behalf of DEQ. They will have to fill with quality material. Concerns were expressed over the potential for flooding. Commissioner Robinson moved that Special Exception Application TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation, be forwarded to the Town Council with a recommendation of denial on the basis that the Approval Criteria of Zoning Ordinance Section 3.4.12 have not been satisfied due to the fact that the applicant did not provide enough information to assure that the floodplain was not needed to manage flooding. Commissioner Barnes seconded the motion and the motion carried by a vote of 4-3 (Aye: Barnes, Barney, Nacy, and Robinson; Nay: Faliskie, Lanham, and Walker) SUBDIVISION AND LAND DEVELOPMENT None ZONING None COMPREHENSIVE PLANNING Capital Improvements Program FY 2020 - 2025 Presentation, Renee LaFollette, Director, Public Works and Capital Projects and Terry Yates, Capital Projects Manager 5 Leesburg Planning Commission Minutes January 16, 2020 Ms. LaFollette noted that Terry Yates, Capital Projects Manager, Bud Siegel, Deputy Director, Capital Projects and Public Works, and all Directors whose departments are affected by the Capital Improvements Program (CIP) were in attendance at that meeting. The presentation focused on the following highlights of the Draft CIP: Projects Completed in FY 2020 • Downtown Improvements first three phases (Loudoun Street and two sections of King Street) • Sycolin Road Widening, Phase IV (Tolbert Lane to the south corporate limits) • Tuscarora Creek Flood Mitigation and Stream Restoration • Airport Taxiway and Runway Lighting Rehabilitation New Projects Added to the FY 2020-2025 Draft CIP • Parks and Recreation Ida Lee Tennis Court — Pickle Ball — Junior Tennis Courts Ida Lee Tennis Court — Seasonal Air Structure Ida Lee Recreation Center — Indoor Pool Roof Replacement Washington & Old Dominion Trail Lighting • Streets Edwards Ferry Road Sidewalk, Bus Shelter & Bus Route Signage King Street Improvements (Market Street to Cornwall Street) Plaza Street Sidewalk Market Street/King Street Intersection and Alley between 3 & 5 King Street • Airport Airport West Side Land Development Project Budget Changes Town Shop Expansion +2.3 million Police Replace/Upgrade CAD/RMS System -1.5 million Battlefield Trail across the Route 15 Bypass +0.17 million Evergreen Mill Road Widening +3 million Enhanced Multi -barrier Treatment Technology +0.65 million Town wide Waterline Improvements and Repairs +0.4 million Water Pollution Control Facility (WPCF) Backup Generator +0.4 million WPCF Chemical Building Addition +2.1 million WPCF Debris Screen System +2.4 million WPCF Storage Tanks — Recoating Rehabilitation +2.6 million Schedule Changes AV Symington Aquatic Water Play Area — 4 year delay Battlefield Parkway Trail Across the Route 15 Bypass — 1 year delay East Market Street & Battlefield Interchange — 2 year delay 6 Leesburg Planning Commission Minutes January 16, 2020 Edwards Ferry Road Sidewalk Improvements — 2 year acceleration Evergreen Mill Road Improvements- 1 year delay Morven Park Road Sidewalk —1 year delay West Market Street — Ayr Street to Morven Park Road Sidewalk —1 year delay Royal Street SE Drainage Improvements — 4 year acceleration Enhanced Multi -Barrier Treatment Technology —1 year acceleration Utility System Storage Facility - 6 month acceleration WPCF Chemical Building - 2 year acceleration WPCF Odor Control Improvements —1 year delay Water Storage Tank Recoating - Carr Tank 11— 1 year acceleration Water Supply & Wastewater SCADA System Replacement — 1 year acceleration Water Supply Emergency 11 & 111 Interconnect — 1 year acceleration FY 2020 Changes — Future Projects Lists • New Projects Chesapeake Bay Watershed Implementation Plan (WIP3) • Deleted From the CIP E-Citation Implementation Relocation of Inforimiation Technology Main Equipment Room • Deleted From Lists (Moved to 6-Year CIP) Ida Lee Park Tennis Courts — Seasonal Air Structure Plaza Street Sidewalk Planning Commission Questions and Discussion Has Plaza Street been removed from the CIP? Ms. LaFollette replied that it was moved to the six year active list. Are we now putting wages into the CIP? Jason Cournoyer, Management and Budget Officer, explained that the practice still continues to capitalize project management costs associated with projects. There is a contribution from the General Fund covering a majority share of the salaries, benefits and operating costs associated with project management. This information can be found in the Administration section of the CIP. All the project management allocated to the project is a capitalized cost associated with the budget. Staff is doing their best at $200,000 increments to cover that but we are about three to four years away from fully covering with current tax revenue. Some of the project management is utilizing other revenue sources. The administration page captures workload programmed into the CIP. In the out years there are fewer projects programmed. The workload may intensify once we get closer to the project. 7 Leesburg Planning Commission Minutes January 16, 2020 Ms. LaFollette clarified that wages are included in a CIP as a total cost of the project. In order to capitalize the entire cost of a project, we look to include the cost of the wages. We have been working over the past five years to move the salaries and administration costs from being fully bond funded to being cash funded. Is all the downtown lighting completed? Ms. LaFollette replied that it was not. She explained that there were still sections that needed to be completed. VDOT enhancement funds were funding the project; however, they took those funds back so this project is not currently funded. We have spent the Town's match through the design work that has been done to date. We are actively looking for additional funding sources. In may drop back to the potential future list unless we are successful in getting funding. Is the County money firm on Veterans Park? Ms. LaFollette replied that that was staffs understanding as it is approved in the County's CIP. Mr. Cournoyer clarified that the County will be presenting their budget in the upcoming weeks and we will know for certain at that time. It was suggested to defer the Edwards Ferry Road NW side walk improvements due to courthouse construction concerns. Ms. LaFollette explained that that was part of staffs concern as well and was addressed when the recommendation was made to bring this project forward. This section of the sidewalk is not in an area where there will be turning truck traffic and they are hoping that the majority of the heavy loads will have been delivered by the time they start in late 2020 or early 2021. Is there anything about syncing lights at Fort Evans Street and Plaza Street on Market Street? Ms. LaFollette explained that Council authorized a $25,000 study for that transportation project. They are looking at the potential of adding turn lanes and doing more with the traffic signals. A project could be added to the CIP once the results of the study are back. Is the Tuscarora Floodplain project nearing completion? Ms. LaFollette replied that Phase 1, which is upstream of the bridge, is scheduled to be completed in July or August of this year with landscaping being planted in the fall. Work has begun on Phase 2 with the large stook drain piping. The construction contract was approximately 5.6 million dollars, it is actually two projects being built as one. It had to remain as two separate projects because of the grant funding the Town received for the stream restoration portion of the project. Will the Water Booster Pump Station at Loudoun Water Interconnect Project fix the long standing problem of getting water between the Town and the County? 8 Leesburg Planning Commission Minutes January 16, 2020 Patrick Moore, Deputy Director, Utilities, explained that the pump station is an emergency interconnect. The plan for the Utilities department is to try to find emergency reserves. There are actually two interconnects in this plan. This is the first of the two that would be enhanced. The sites are in the very early planning phase as staff works with the County on how to connect. Will there be a pumping station associated with the Water Supply Emergency II and III Interconnect project? Mr. Moore replied that he does not think there was a plan for a pumping station with this interconnect. Loudoun Water just finished construction on their Trap Rock facility located south of Goose Creek. This project is in the preliminary stages and they have not sited the location yet. What is the status of the Police Station Expansion Project? Ms. Lafollette explained that we are still in the programming phase. The Police staff interviews have been completed and they are beginning to layout different areas and how they work together to design the building layouts and foot prints. The project is moving along at the pace that staff anticipated. Is it funded? Ms. LaFollette explained that the amount shown in the CIP is what had been approved by Council last year and that is the budget that they are building too. Chairman Nacy confirmed that the Commission will be expected to take action at the public hearing on February 6, 2019. Update — Briefing on Market Analysis and Public Input, Scott Parker, Sr. Planning Project Manager and Rich Klusek, Senior Planner Mr. Klusek explained that there would be a lot of information presented to the Commission in an effort to prepare them for the January 27, 2020 joint work session with Town Council. The emerging themes will aid the consultant in developing the guiding principles that came about based on public input as well as some of the data that has been reviewed thus far. Mr. Klusek gave an overview of market conditions noting that the demand for a variety of uses is outpacing supply. There is a significant amount of demand for residential, office, flex industrial, and retail uses. Mr. Parker discussed community input noting that this has been at the forefront of this effort since day one. Mr. Parker gave an overview of this process which started in July. There have been multiple venues and opportunities for public input provided and as of the November Charrette, there have been 5,606 "touch points". Touch Points are a combination of all these numbers from all the different venues including door to door interviews, pop-up interviews, and 9 Leesburg Planning Commission Minutes January 16, 2020 Facebook comments. Outreach consisted of stakeholder interviews, project focus group meetings. On the Table, web views, community idea exchange, online surveys, design charrette, Facebook live, Facebook comments, Pop-up interviews, and door to door interviews. This number is anticipated to go much higher as we move forward through the process. Mr. Parker summarized what we heard as follows. What's Great About Leesburg Concerns What's Needed in Leesburg Vibrant Downtown Traffic Performing Arts Center Town Character Loss of Small Town Charm More Transit Options Small Town Charm Loss of Character Affordable Housing Walkability Loss of Open Space Increased Walkability (Outside Downtown) Mom & Pop Stores Too Many People Parking Solution Downtown Open Space Housing No Longer Affordable Increased Tree Canopy Feeling of Community Long Time Residents Being "Pushed Out" More Bike Lanes and Bike Safety Community Events (First Friday, etc.) Young People Can't Afford to Live Here Being Distinguishable Historic Character Service workers like Teachers Can't Afford to Live Here Address Noise Ordinance Access to Parks Rents are Too High More Focus on the Arts Diverse Community Mr. Klusek gave an overview of emerging themes as follows: Dollars and Sense — Business and the Economy • Take advantage of Leesburg's enviable strong market where, for many, demand is outpacing supply. Harness this potential growth in a manner that enhances residential quality of life, reinforces a unique brand for the Town, and creates a strong and sustainable local economy. Moving Around Town — Transportation and Mobility • Provide a safe, reliable, and efficient transportation system that promotes and enhances mobility and connectivity between neighborhoods and destinations through a multi - modal network of complete and walkable streets, sidewalks, and trails for transit riders, pedestrians, and cyclists. All Things Green — Parks, Open Spaces, Greenways, and Natural Resources • Preserve, conserve, and enhance Leesburg's natural resources, parks, and streetscapes, (public realm) to support the health and well-being of the community and environment. 10 Leesburg Planning Commission Minutes January 16, 2020 Just Big Enough — Changing the Town's Trajectory • Balance the need to preserve Leesburg's existing character and authenticity with accommodating expected growth and allowing for purposeful, quality development in strategic locations to meet the needs of existing and future residents, businesses, and visitors. Ensure high quality development that reflects the character of the community and maintain high quality gateways and corridors to ensure Leesburg remains distinct from surrounding communities. Town Character and Authenticity • Retain and protect the historic core of Leesburg and provide a high -quality brand and sense of place that stretches throughout the entire community. Continue to distinguish Leesburg from the surrounding areas. Places to Live — Enhancing Neighborhoods and Housing Choices • Protect and enhance the quality and character of existing residential neighborhoods. Seek opportunities to offer a variety of residential neighborhoods. Seek opportunities to offer a variety of housing types at a variety of price points that appeal to a wide range of households and enable residents to live in Leesburg throughout all stages of life. Ensure that neighborhoods are connected to walkable destinations such as parks, open space, recreational facilities, and other activity centers. Mr. Klusek informed the Commission of the next steps beginning with a Work Session with Town Council on January 27th. The Commission will be receiving a Work Session Workbook and Background Resource Document in their packet next Thursday. The Work Session will include an abbreviated background information review, a review of the guiding principles and a review of some growth scenarios to facilitate discussion. The anticipated outcome of the Work Session is for Town Plan Update Team to have an understanding of general direction. The guidance provided at this meeting will lead to preparation of the final document. Mr. Parker advised the Commission that there will be an additional community work shop in the spring. Planning Commission Questions and Comments As a guiding principle will we be acknowledging that there are some things that can't be overcome? Mr. Klusek explained that at the moment we are not trying to solve specific problems, but rather respond to the overall public sentiment for increased transportation mobility options. Any specific ideas the Commission members have should be sent to staff to be forwarded to the Consultant Team. Was there a preferred size for the preforming arts center? It is important to consider the size and location. 11 Leesburg Planning Commission Minutes January 16, 2020 Mr. Parker said there was not. Most of the comments were general. There was mention of facilities for operas and ballets. Susan Berry Hill, Director, Planning and Zoning, noted that there has been a feasibility study done as to what could be supported in the Leesburg Community, in teuns of a preforming arts center, and will provide useful information should we choose to go forward in trying to make this a reality. There is a need for a couple of bridges or overpasses for pedestrian traffic and safety. We need to consider open space trends and there needs to be something to do once you get there. Mr. Klusek noted that the Consultant Team is thinking about dividing the Town into categories. Areas to preserve, areas to enhance, and areas to transform. The emerging themes and associated guiding principles do not apply to every part of Town in the same way. Public Comment Bob Cusack, 709 Seton Court, Leesburg, came forward and noted that he is a member of the Focus Group for the Town Plan Update process. He has a Hubzone (Historically Underutilized Business Zone) certified business. He noted the Hubzone boundares are drawn based on demographic information including household income. Residents who live in the Hubzone make 70% less that the surrounding areas. He asked that affordable housing be seriously considered with the Town Plan update. There are now three sections of the Hubzone so it is only getting larger. He agreed that a strategy is needed for how to approach this. STAFF AND COMMITTEE REPORTS None UPDATE ON CASES AT COUNCIL None SRTC REPORT Chairman Nacy attended the SRTC meeting. Eleven citizens came to speak on various traffic issues, the largest being from the Country Club subdivision. BAR REPORT None TOWN COUNCIL LIAISON REPORT None OLD BUSINESS None NEW BUSINESS 12 Leesburg Planning Commission Minutes January 16, 2020 Elections Chair — Kari Nacy Vice Chair — David Faliskie Parliamentarian — Al Barney 2020 Planning Commission Calendar Ms. Berry Hill asked the Commission to either approve the proposed calendar or to offer an alternative. Commissioner Faliskie made a motion to accept the calendar as presented. Commissioner Robinson seconded the motion and the motion carried by a vote of 7-0. Committee Assignments BAR Liaison — Commissioner Robinson SRTC Liaison — Chairman Nacy H-2 Work Group Backup — Chairman Nacy ADJOURNMENT: The meeting was adjourned at 9:43 pm Ap roved b B Karen Cicalese, Commission Clerk Kari Nacy, Chair 13