Loading...
HomeMy Public PortalAbout06 18 2020 PC MinutesThe Town of Leesburg in Virginia Leesburg Planning Commission Meeting Minutes June 18, 2020 The Leesburg Planning Commission met on Thursday, :June 1.8, 2020 in Town Hall Council Chambers, 25 West Market Street, Leesburg, Virginia 20176. The meeting was held with a quorum physically present. Three members of the Planning Commission attended remotely with staff coordinating electronic participation via WebEx. Staff members present included Susan Berry Hill, Brian Boucher, Mike Watkins, Chris Murphy, Dennis Dames, Tina Newton, and Karen Cicalese. CALL TO ORDER Chairman Nacy called the meeting to order at 7:00 pm and made the following statement: "Pursuant to the Town's Remote Electronic Policy, Mr. Clemente and Mr. Barney will be participating in the meeting from his home due to concerns with the COVID-19 Pandemic and current social distancing requirements in the Council Chamber and arrangements have been made for his voice to be heard by everybody." "I will now ask for a vote of the members present to allow Mr. Clemente to participate in the meeting." [Vote] 4-0 Chairman Nacy read the following statement regarding public participation. "Any member of the public who wishes to speak to any item as part of this agenda may follow the link posted on our agenda and published on the Town's website or call 1-408-418-9388 and enter access code 129 834 6070 to join the meeting." Chair Nacy — Present, attending in -person Vice Chair Faliskie — Present, attending in -person Commissioner Clemente — Present, attending remotely Commissioner Barnes — Present, attending in -person. Commissioner Harper — Joined the meeting at 7:16 pm remotely and a vote was taken by the members physically present to allow her to attend remotely (Vote: 4-0) Commissioner Robinson — Present, attending in -person Commissioner Barney — Present, attending remotely ADOPTION OF AGENDA Motion: Commissioner Robinson Second: Commissioner Faliskie Vote: 6-0-1 (Harper not present for vote) 1 Leesburg Planning Commission June 18, 2020 APPROVAL OF MINUTES a. June 4, 2020 Draft Minutes Motion: Commissioner Barnes Second: Commissioner Robinson Vote: 6-0-1 (Harper not present for vote) DISCLOSURE OF MEETINGS None CHAIRMAN'S STATEMENT None PETITIONERS None PUBLIC HEARING Chris Murphy, Sr. Planning Project Manager, Planning and Zoning Chair Nacy opened the Public Hearing at 7:04 pm and invited staff to make their presentation. Mr. Murphy gave an overview of the application which is a Special Exception for an expansion of the existing "School, Public" use in the R-4 Single -Family Residential Zoning District at 311 Catoctin Circle SW. The Applicant, Loudoun County Public Schools (LCPS), proposes a 6,000 square -foot expansion to the existing 76,800 square -foot elementary school. The planned expansion is intended to accommodate three classrooms, a resource room, office space, and storage space. With this expansion, capacity at the school will increase from 697 to 743 students. That base capacity increase will serve future enrollment projections, as current enrollment is 658 students. Mr. Murphy discussed site conditions, uses on adjacent properties and zoning history noting that Catoctin Elementary School was constructed in 1966. The Zoning Ordinance in effect at that timedid not require special exception approval for a public school use. It was not until the adoptionof the Zoning Ordinance revision in 2003 that public schools in residential zoning districts required special exception approval. The Commission will note that the establishment of the school prior to 2003 does not "grandfather" the property from requiring a special exception for the present application. Mr. Murphy explained that the Applicant has requested a modification of TLZO Sec. 11.6.1.F Sidewalk and Pedestrian Facilities to allow existing sidewalk segment on the Catoctin Circle frontage between the bus loop entrances to remain 4-feet wide. Pursuant to TLZO Sec. 11.6.1.F, such modification request is made to the Zoning Administrator. As of the date of this report, the Zoning Administrator has not yet finalized his determination on this request. A final decision will be rendered prior to the Town Council public hearing. 2 Leesburg Planning Commission June 18, 2020 Mr. Murphy gave an overview of site design noting that the Department of Plan Review confirmed that all previous issues relating to stormwater management have been satisfactorily addressed by the Applicant, and are reflected on the special exception plat. In terms of architecture, the proposed design and building materials will be a continuation of the school's existing one-story, flat -roofed, masonry construction architectural design. This design is consistent with the architectural style of the surrounding neighborhoods, as they grew up around the school beginning in the 1960's - 1970's. Staff finds no adverse impact on adjacent developments is anticipated as a result of the planned expansion's architectural design. Mr. Murphy addressed traffic and noted that staff is satisfied with the results of the Traffic Impact Analysis submitted with the application. Parking was also addressed and there are no additional parking spaces required or proposed with this application. Mr. Murphy gave an overview of the Special Exception Approval Criteria noting that the use is consistent with the goals and objectives of Land Use Policy type Major Institutional found in Chapter 6 of the Town Plan; Town Plan land use objectives 11 and 12 encourage infill development and institutional uses when found to be compatible with the existing development in the vicinity; the use complies with applicable regulations of the R-4 Single -Family Residential Zoning District provided in TLZO Sec. 5.4; and the proposal would serve the public necessity, convenience, general welfare and good zoning practice. He concluded his presentation with staff s recommendation of conditional approval. Sara Howard O'Brien, Land Management Supervisor, Division of Planning and Zoning, Loudoun County Public Schools, delivered the Applicant's presentation. She informed the Commission that they have completed the required notice and have submitted an affidavit to the Clerk. Notices were sent to over 400 surrounding neighbors and posted on various public calendars. All application documents had been posted on the LCPS website. A Community meeting was held and noticed on November 14, 2019 with an additional meeting planned for March. However, due to the COVID-19 Pandemic, a status update letter was sent March 20th. These letters were sent to over 400 surrounding neighbors and posted on various public calendars. All application documents had been posted on the LCPS website. Ms. Howard O'Brien gave a summary of the proposed addition noting that they were planning an opening in fall of 2021. She noted that they were in agreement with staffs recommendation and respectfully requested the Commission's approval. Public Comment Doug Fultz, 509 Valley View Ave, SW, Leesburg, VA 20175 came forward and expressed concerns regarding rain water flooding on the east side of the school at 509 and 507 Valley View Ave., SW; tree trimming to prevent roofing/gutter damage; and concerns about the sidewalk location at the Kiss & Ride drop off. Tim Nichols, 507 Valley View Ave, SW, Leesburg, VA 20175 came forward and expressed concerns regarding the drainage issues on both his and Mr. Fultz's property. He had lived at 507 Valley View Ave., on and off for 30 years and this has been an ongoing problem and has caused significant damage. 3 Leesburg Planning Commission June 18, 2020 Several Commission members expressed concerns regarding the stormwater drainage issue and the Applicant assured the Commission that they were willing to work with LCPS engineering and Town staff to address this issue. Dennis Dames, Sr. Project Manager/Section Chief, Department of Plan Review, advised Mr. Fultz and Mr. Nichols to contact the Department of Public Works and said he would meet with them after the hearing to convey contact information. Chair Nacy closed the public hearing at 7:44 PM. The Commission unanimously agreed that the application was approvable but felt that the stormwater drainage issue needed to be addressed and satisfactorily resolved prior to taking action on the application. Commissioner Robinson moved that Special Exception Application TLSE-2019-0009 LCPS Catoctin Elementary School Expansion be deferred to a future date to discover the cause of the flooding and to determine that the construction of the new addition will not cause increased flooding. Commissioner Faliskie seconded the motion and the motion carried by a vote of 7-0. TLOA-2020-0001 Doggie Daycare and Catteries, Mike Watkins, Zoning Administrator, Planning and Zoning Chair Nacy opened the public hearing at 7:50 and invited staff to make their presentation. Mr. Watkins explained that Town Council initiated this amendment to the Zoning Ordinance as a result of two businesses desiring to locate in the Village at Leesburg. These businesses include a "cat cafe" and a "doggie day care". These businesses include the overnight stay of a cat or dog. There are limitations in the Zoning Ordinance that currently prevent this. These restrictions include the limited number of zoning districts that permit kennels; distinguishing Kennel from Doggie Day Care; and the limited permitted uses in the B-4 and PRC districts. Mr. Watkins explained that the Village at Leesburg was rezoned to the B-4 (Mixed -Use Business District) and the PRC (Planned Residential Community) District, initially with TLZM-2004- 0008. Uses at the Village at Leesburg are subject to substantial conformance with a Concept Development Plan and proffers. The Village at Leesburg was planned and constructed with a "main street" approach, where uses (including residential) are vertically integrated into aesthetically pleasing buildings that frame a pedestrian friendly environment. This type of development has become desirable for both residents and businesses, both of which are wanting to be collocated in a well -designed "place". Mr. Watkins gave an overview of the proposed amendments. One of the proposed uses in this text amendment is a "cat cafe". This use would permit the interaction of store patrons with cats and one of the key reasons for this is to encourage cat adoptions. This interaction occurs at the 4 Leesburg Planning Commission June 18, 2020 place of business while shoppers look for cat accessories, or during a consultation with a design consultant who specializes in at-home accommodations for pets. Interaction with cats is also provided through planned activities such as art classes, exercise or yoga classes, or programs for service groups or senior citizens. During non -business hours, the cats are kept on premises. This use fits the current definition of Cattery in Zoning Ordinance Section 18.1.27.1 however, Cattery is not currently included as a Personal Service use, and would not be permitted in the PRC portion of the Village at Leesburg. This amendment would allow catteries as a permitted use in the PRC and B-4 district subject to compliance with use standards contained in Section 9.3.12.1. Doggie Day Care was recently added to the Zoning Ordinance as a special exception in the B-2, B-3, B-4 and I-1 zoning districts. The addition of this use was done in recognition of its popularity as a Personal Service use. Doggie Day Care does not currently permit the accommodation of overnight stays as there is little to distinguish this use from the Kennel use. A proposed doggie day care business that desires to located at the Village at Leesburg is requesting that the Doggie Day Care Use be permitted to include overnight stays. This is currently restricted to the Kennel Use. These zoning text amendments propose to balance the protection of residents in mixed -use environments, while accommodating certain businesses providing desired personal services. If adopted, these amendments will permit certain desired personal services in mixed -use developments. The proposed amendments include use standards that mitigate potential nuisance issues. Mr. Watkins discussed staff analysis noting that the requested districts include a mix of uses, including residential. Concerns include potential nuisance impacts to residents, noise and odor and the accessory uses should complement the intended principle use. Staff also reviewed regulations by other communities and found that Kennels are permitted in mixed use districts and only permitted in fully enclosed buildings. They are required to include noise attenuation measures and may include "day care". Prior special exception approvals for Kennels (Doggie Day Care) include My Dogs Daycare in 2013 and the Old Mill Pet Center in 2019. The proposed cattery amendment would be permitted in all Business Districts (B-1 thru B-4) and the 0-1 District. The use would be added to Neighborhood Retail Convenience Center in the PRC District. A new use standard would require the applicant to provide a detail of the boarding area and individual enclosures. The proposed Doggie Day Care amendment would create a new use "Doggie Day Care, with Accessory Kennel" and would permit some overnight boarding. The use would be permitted by a special exception. The use would be permitted in all Business Districts (B-1 thru B-4) the 0-1 District and in the Neighborhood Retail Convenience Center in the PRC District. New use standards would require the following: • Must be in a fully enclosed building • Require noise attenuation measures 5 Leesburg Planning Commission June 18, 2020 • Demonstration that the accessory kennel is the subordinate use • Not permitted in a building with residential uses • May have an outdoor relief area • Waste system must connect to sanitary sewer • Provide a detail of the boarding area and enclosures He asked the Planning Commission to consider the following questions in relation to Doggie Day Care. If overnight boarding is permitted: • What distinguishes Doggie Daycare form a Kennel? • Should the number of dogs be established as a use standard or at the time of special exception? Other questions for consideration: • Should outside play areas be permitted? • Should a Doggie Day Care be added to the B-1 District? • Are there other use standards Mr. Watkins concluded with staff recommendations as follows: a. Staff supports the Cattery use. b. Staff generally supports the Doggie Day Care with Accessory Kennel with the following concerns: • There is very little difference in Kennel and Doggie Day Care with Accessory Kennel however, a special exception may include conditions of approval unique to each application. • Staff does not support outdoor play areas in the B-4 or PRC Districts due to the potential for nuisance Public Comment Scott Parker, 888 N Quincy Street, #1604, Arlington, VA 22203 came forward as one of the owners of Playful Pack. Leesburg will be their second location. They have well over 100 people from the Town and in the Village at Leesburg that are welcoming this use and are very excited to have this business locate there. They maintain a purely professional environment that is clean, inviting and fresh. They have noise attenuation measures in place. He believes that this business will be a tremendous benefit to the Town and have signed a lease over a year ago as they work through this process. Shane Murphy, Reed Smith, 7900 Tysons One Place, Suite 500, Tysons, VA 22102, came forward as the representative for Rappaport Companies. The Village at Leesburg is still struggling in the retail area and they are excited about this opportunity. A lot of the issues can be 6 Leesburg Planning Commission June 18, 2020 resolved through the special exception process. These types of places are popping up everywhere. He expressed concerns about connecting the waste treatment to the sanitary sewer as they would like to be able to consider other waste treatment options. Jamie Miller, 1209 E Lee Drive, Sterling, VA 20164, came forward as an employee of Banfield Pet Hospital in the Village at Leesburg and was in support of the proposed amendment as he felt it would be beneficial to offer this type of service in this area. Planning Commission Questions Where are the uses permitted by right currently? Mr. Watkins clarified that the Cattery use is permitted in the B-2, B-3 and I-1 Zoning Districts. The Doggie Daycare use is permitted in the B-2, B-3, B-4 and I-1 Zoning Districts. What is the square footage of the proposed tenant space that is being considered for a Doggie Day Care facility at Village at Leesburg? Mr. Watkins replied that it was approximately 3,000 square feet. What would be the maximum number of dogs staying overnight? Mr. Parker explained that another Playful Pack just opened in November and they had about 25 dogs in daycare. They also own and operate two dog day care and boarding facilities in Maryland and on any given week night they may have four or five dogs. On weekends it may be 15 to 20 dogs. There will be surges such as July 4th weekend where they may have up to 40 dogs. During these peak times they will have staff onsite overnight to attend to the dogs. What is the total amount of dogs that will be permitted at the facility? Mr. Murphy (Sean) replied that he thought that this would be negotiated through the special exception process. How long can a dog stay at the facility? Mr. Watkins explained that it would be addressed at the time of special exception. The applicant will need to submit a floor plan and address numbers, etc. Is there residential located in the proposed location? Mr. Parker replied there was not. Is boarding offered because someone can't pick up their dog in time or is it a place to board my dog while I'm on vacation? Mr. Parker replied that it was both. 7 Leesburg Planning Commission June 18, 2020 Is there a rule limiting the amount of dogs per square feet? Mr. Parker explained that industry wide, he has seen more of limitation on the number of dogs per staff member. They have one staff member per 20 dogs who is responsible for cleaning and disinfecting. There is a connecting outdoor area that Rappaport would like to use as a place for dogs to go outside for bathroom breaks. Chair Nacy closed the public hearing at 8:39 pm and called for additional comments and discussion from the Commission members. A number of Commissioners expressed concerns regarding the waste management system, unattended overnight boarding, and no outdoor area for exercise and relief breaks. The Planning Commission focused discussion on the following: Staff is recommending inserting Doggie Day Care, with Accessory Kennel by special exception to the Use Tables for the 0-1, B-1, B-2, B-3, B-4, and PRC zoning districts. The majority of Commission members were not in support of allowing Doggie Day Care with Accessory Kennel in the B-1, 0-1 and Neighborhood Retail Convenience Center zoning districts. Commissioner Robinson moved that per the Use Table, Doggie Day Care will remain in the B-2, B-3, B-4, and I-1. It will not be in B-1, 0-1 or Neighborhood Retail Convenience Centers. Commissioner Barnes seconded the motion and the motion passed by a vote of 6-1 (Nay - Clemente). It was suggested and supported by a majority of Commission members to put a definition for Doggie Day Care in the Zoning Ordinance. It was also suggested to determine the terminology to be Doggy, Doggie or Canine for consistency. Commissioner Harper moved that a definition for Doggie Day Care and accessory boarding facility that complies with Chapter 65 of the Comprehensive Animal Care Code of Virginia be added to the Zoning Ordinance. Commissioner Barnes seconded the motion and the motion carried by a vote of 7-0. Is it necessary to add a definition for Cat Cafe to the Zoning Ordinance to distinguish the use? Commissioner Harper moved to add a new use and definition of Cat Cafe to the existing Cattery definition in Section 9.3.12.1.There was discussion regarding whether the Commission wished to add Cat Cafe as a new use and if so, would it be by special exception and what performance standards would apply. It was determined to make Cat Cafe special exception in the B-2, B-3, B-4 and I-1 Zoning Districts. 8 Leesburg Planning Commission June 18, 2020 Commissioner Robinson made a separate motion to allow Cat Cafe in the B-2, B-3, B-4 and I-1 Zoning Districts by special exception. Commissioner Clemente seconded the motion and the motion carried by a vote of 7-0. Concerns were expressed regarding the dogs being able to sleep un-crated at night and it was suggested that an additional use standard be added to specify that if the dogs were not crated at night that a staff member must be present. Commissioner Robinson moved to approve all of Section 9.3.12.2 Doggie Day Care and to add the use standard "J" to mandate that dogs will sleep in crates in the evening hours, or a staff member will be present. Commissioner Barnes seconded the motion and the motion carried by a vote of 6-1-0 (Nay - Harper). Concerns were expressed regarding the waste containment system. Staff suggested that the type of containment system could be established as a condition of approval during the special exception process. The Planning Commission discussed allowing the Cattery use in the Neighborhood Retail Convenience Center District. Commissioner Robinson moved to delete both the Cattery use and Doggie Day Care use. from the Use Table in the Neighborhood Retail Convenience Center zoning district. Commissioner Barnes seconded the motion and the motion carried by a vote of 7-0. A brief recess was taken at 9:29 pm and the meeting resumed at 9:37 pm. TLOA-2020-0002 and TLZM-2020-0004 Gateway District, Brian Boucher Deputy Director, Planning and Zoning Chair Nacy opened the public hearing at 9:37 pm and invited staff to make their presentation. Mr. Boucher gave an overview of the proposed overlay district. The district will be comprised of five segments, East Market Street, West Market Street, North King Street, South King Street, and Edwards Ferry Road. There are fewer parcels in the Gateway District than the H-2 with 415 parcels being removed in the H-2 Overlay District and 342 parcels being added to the Gateway District. Mr. Boucher discussed the changes in each segment as follows: West Market Street: Only lots with direct frontage on W. Market Street are included in the area and the frontage will be reduced to 15 feet in most residential cases. East Market Street: Expands reach of architecture and design control while removing Single Family Detached residential units in Potomac Station. 9 Leesburg Planning Commission June 18, 2020 North King Street: Generally the same area as the H-2 District with some additions and deletions. South King Street: The proposed Gateway District removes 238 parcels. Edwards Ferry Road: This segment is being added to the Gateway District as it is a major commercial and residential corridor leading into the Historic District. It was once the major road into and out of Leesburg for goods that were transported on the C&O Canal. The goal is to maintain character and upgrade the experience of travelling in the corridor. Mr. Boucher explained that in traditional residential areas covered by the H-2 District, the public street and the private land immediately adjacent to the street are an important part of the corridor experience. This is why the corridors will include 15 feet of residential properties. The Ordinance would apply to fences or accessory structures built within 15 feet of the public right- of-way. Outside of the 15 foot corridor extension, the Ordinance would not apply to single family detached houses, existing townhouses, existing duplexes, and areas proffered into the existing H-2 District or other proffered guidelines. However, it would still apply to structures, buildings and signs, commercial buildings and apartment buildings. Mr. Boucher explained the changes to the Zoning Ordinance as follows: Design Standards (building and site design) will be added to the Zoning Ordinance to strengthen implementation and achievement of Town goals. Universal standards will apply to all areas in the Gateway District and include the following: Site Design Standards • Building Placement/Orientation • Off-street Loading Spaces, Utilities • Mechanical Equipment • Solar Panels and Wind Turbines • Outdoor Lighting • Surface Parking Placement/Location • Screening Walls • Fences • Accessory Structures • Journey Through Hallowed Ground Landscape/Streetscape Building Design Standards • 4-sided Architecture • Trademark or Corporate Architecture • Massing • Emphasize Primary Entrance Modification Standards 10 Leesburg Planning Commission June 18, 2020 • Submission Requirements • Written Statement of Justification • Approval Criteria • Use of Adjacent Properties • Reviewed by Staff and BAR Mr. Boucher explained that the new district will allow for more administrative approvals than the current H-2. Major new commercial projects will still require BAR review but with new standards and modification process. Phase 2 of the Gateway District Project will focus on Design Guidelines and a Streetscape Plan to tie the corridors together, strengthen the community identity, improve the pedestrian experience, enhance aesthetics and improve safety. Specific Segment Standards will also be implemented in Phase 2. Mr. Boucher concluded his presentation with an overview of frequently asked questions and answers. Public Comment Molly Novotny, Urban Planner with Cooley, attended via Webex as a representative for her client Peterson Companies. She expressed concerns regarding building design. The language currently proposed is restrictive and there needs to be a balance. Words like similar leave a lot to interpretation. The approval criteria is also too limiting and strict. Lastly, minor alterations that the Preservation Planner can review are limited to seven specific elements and they are asking that this section of the Ordinance not be so limiting. Planning Commission Questions and Discussion Will single family lot owners have to pay an administration fee if a structure on their property is damaged by a storm and needs to be repaired or replaced? Mr. Boucher explained that there currently is not a fee and assumed it would remain so. Also if something is damaged by an "Act of God" the owner is entitled to repair or replace it. Can the Certificate of Appropriateness (COA) approval period be extended to three years in light of the current pandemic situation? Mr. Boucher said that the Commission could add this to their recommendation. He explained that the intent of the COA is to have the project completed in a reasonable time frame. Applicants can apply for a six month extension. Can COA extension requests be required to be in writing stating why they have not been able to complete their project and why they need the extension? 11 Leesburg Planning Commission June 18, 2020 Mr. Boucher said that COA extension requests do have to be made in writing stating the reason for the request. The Preservation Planner reviews the request to determine if an extension is warranted. Language can be added to clarify this requirement. When can we expect to see the design guidelines? Susan Berry Hill, Director, Planning and Zoning explained that the schedule for Phase 2 has begun. The H-2 Work Group will begin working on the design guidelines next week, The plan is to have the guidelines to the Planning Commission to review in October. The 75 day review period seems long, can it be shorter? Mr. Boucher explained that there are different size projects. The 75 days is mainly for the larger projects. A shorter time period for larger projects is unrealistic and would result in the need for the applicant and BAR to agree to more timeline extensions. Why is landscaping not sufficient as a screening method, especially when the item to be screened is in the rear of a building? Mr. Boucher replied that the BAR does not comment on landscaping. What if a home is located in a neighborhood with an HOA and the HOA rules and our design guidelines conflict? Mr. Boucher explained that the owner would need to comply with the Town guidelines. The following concerns were expressed: • The proposed design guidelines are too restrictive in terms of maintenance, 4-sided architecture, etc. and need to allow more flexibility. • 4-sided architecture is crucial to good design • The inclusion of 15 feet of single family residential lots The following suggestions were made: • Add no fees for single family dwellings to exemptions. • Add that land development applications in a Gateway District include a BAR review and referral • Add a definition for public streets. Richard Koochagian, member of the BAR as well as the H-2 Work Group came forward to address some comments made by the Commission members. In terms of the Review Period most all cases that come before the BAR are adjudicated in two meetings however, the larger applications can take as long as 75 days or more. There is a lot to the guidelines and it will take time to prepare these guidelines and protect the view shed coming into the Town. 12 Leesburg Planning Commission June 18, 2020 Chair Nacy closed the public hearing at 10:48 and called for additional discussion. Seeing now she called for a motion to continue. Commissioner Robinson moved to move TLZM-2020-2004 and TLOA-2020-0002 to the July 2, 2020 meeting with the H-2 Work Group and staff to work on the comments provided by the Planning Commission and petitioners. Commissioner Faliskie seconded the motion and the motion carried by a vote of 7-0. SUBDIVISION AND LAND DEVELOPMENT None ZONING None COMPREHENSIVE PLANNING None STAFF AND COMMITTEE REPORTS None UPDATE ON CASES AT COUNCIL None SRTC REPORT None BAR REPORT Commissioner Robinson noted that the BAR has been moving along and have had some very long meetings. TOWN COUNCIL LIAISON REPORT None OLD BUSINESS None NEW BUSINESS None ADJOURNMENT: The meeting was adjourned at 10:50 pm Approved by: r\ 13 Leesburg Planning Commission June 18, 2020 Karen Cicalese, Commission Clerk Kari Nacy, Chair 14