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Home My Public Portal About07 02 2020 PC MinutesThe Town of Lees6urg in Virginia Leesburg Planning Commission Meeting Minutes July 2, 2020 The Leesburg Planning Commission met on Thursday, July 2, 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 (via WebEx), 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, Commissioner Clemente and Commissioner Harper will be participating in the meeting from their homes due to concerns with the COVID-19 Pandemic and current social distancing requirements in the Council Chamber and arrangements have been made for their voices to be heard by everybody." "I will now ask for a vote of the members present to allow Mr. Clemente and Ms. Harper to participate in the meeting." [Vote] 4-0-1 (Barney absent) 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 129 856 0286 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 — Present, attending remotely Commissioner Robinson — Present, attending in -person Commissioner Barney — Joined the meeting at 7:20 PM remotely (Vote: 6-1-1 Barney did not vote) ADOPTION OF AGENDA Motion: Commissioner Faliskie Second: Commissioner Robinson Vote: 6-0-1 (Barney not present for vote) 1 Leesburg Planning Commission July 2, 2020 APPROVAL OF MINUTES a. June 18, 2020 Draft Minutes Motion: Commissioner Faliskie Second: Commissioner Robinson Vote: 6-0-1 (Barney not present for vote) DISCLOSURE OF MEETINGS None CHAIRMAN'S STATEMENT Chairman Nacy wished all a Happy 4th of July and a safe long weekend. PETITIONERS Shane Murphy, 7900 Tysons One Place, Suite 500, Tysons, VA 22102 came forward on behalf of the Rappaport Companies in support of the proposed Doggy Day Care and Cattery amendments. He noted that he would be in attendance to answer any questions the Commission may have. Molly Novotny, Urban Planner with Cooley, attending via Webex, came forward to discuss the Gateway District requirement regarding four sided architecture. She was concerned that the language was too specific. PUBLIC HEARING None SUBDIVISION AND LAND DEVELOPMENT None ZONING TLOA-2020-0001 Text Amendment for Doggy Daycare and Catteries Work Session, Mike Watkins, Zoning Administrator, Planning and Zoning Mr. Watkins, attending the meeting remotely, explained that at the June 18, 2020 Planning Commission meeting the Commission discussed the text amendment in detail and took `straw votes' on provisions in the draft language but failed to conclude with a comprehensive recommendation to Council. The purpose of tonight's meeting is to review the Commission discussion and make a recommendation to Council. Mr. Watkins gave an overview of the motions made during the public hearing and a brief description of staff follow-up as follows: Zoning Districts B-4 not to include Cattery 0-1 not to include Cattery or Doggy Day Care Neighborhood Retail Convenience not to include Cattery or Doggy Daycare The motion was approved 6-1. 2 Leesburg Planning Commission July 2, 2020 Staff notes that the Village at Leesburg Land Bay B, zoned PRC Mixed -Use Center, does permit special exceptions for uses not listed in TLZO Sec. 8.5.2 Permitted Uses [in the PRC]. Definitions Add a definition using Doggy Day Care and Boarding Facility The motion was approved 6-1 Staff notes that a definition has been added to the proposed text amendments. Terminology Use same reference in the ordinance. No motion was made. The term is Doggy Day Care Cattery Changed to special exception use in the B-2, B-3, B-4, and I-1 A motion was approved 7-0 Staff notes that this change will render an existing cattery (the Cat Clinic) nonconforming. Doggy Use Standards New standard, all animals must be crated or provide over -night staffing A motion was approved 6-1 Language was added to the draft to address this. Language was also added to address the waste management system PRC, Restricted Exclude Cattery or Doggie Daycare in the Neighborhood Retail Convenience Center A motion was approved 7-0. There was discussion on the waste management system language, the accessory kennel use, adequate space, flooring, the HVAC system, American Kennel Association Standards, and comprehensive animal laws. Commissioner Harper moved that a standard be added that requires HVAC systems be installed solely for tenant units containing Doggy Daycare and Kennel plus Cattery HVAC and that these systems not be exposed to the rest of the units in the building. Commissioner Barnes seconded the motion and the motion carried by a vote of 5-2-0 (Nay: Faliskie and Clemente). Commissioner Faliskie moved that Zoning Ordinance Amendment TLOA 2020-0001 Zoning Text Amendments for Doggy Day Care and Cattery be forwarded to the Town Council with a recommendation of approval, on the basis that the amendments contained in the July 2, 2020 Planning Commission Memo further the objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. 3 Leesburg Planning Commission July 2, 2020 Mr. Watkins noted that two items needed to be added to the motion: 1. Reincorporate old paragraph H into paragraph F (waste management system language) 2. Include new paragraph H (HVAC System Standard) Tina Newton, Deputy Town Attorney, clarified the additions which were then added to the motion. Chairman Nacy seconded the motion and the motion carried by a vote of 7-0. TLOA-2020-0002 and TLZM-2020-0004 Gateway District Overlay and Ordinance Work Session, Brian Boucher, Deputy Director, Planning and Zoning Mr. Boucher noted that the Planning Commission had a number of questions and suggestions regarding the ordinance. He explained that the H-2 Work Group met on Wednesday evening and addressed these issues as well. He gave an overview of the outstanding issues and the H-2 Work Group and staffs recommendation. Subject Concern H-2 Work Group/Staff Recommendation 4-Sided Architecture Sec. 7.12.24.B.1.a Language too strict — concern that not flexible enough to recognize areas like back of house with traditionally less architectural detail is found and loading facilities are located. Retain as written. Modification Criteria Sec. 7.12.24.C.2 Concern that alternate materials language is too strong and should be revised to read, `Exterior finish materials shall be considered. Revised Changes to Approved Plans Sec. 7.12.22.B The list of changes to approved plans the Preservation Planner can make is too limited and should be expanded. Revised Lapse of Approval Sec. 7.12.20.B Should the request for a COA extension be in writing with justification? Should the Zoning Administrator respond in writing with reasons for the determination? Revised 4 Leesburg Planning Commission July 2, 2020 Subject Concern H-2 Work Group/Staff Recommendation Mechanical Equipment Screening and Landscaping Sec. 7.12.24.3.b Landscaping should be permitted to screen mechanical equipment and not just masonry or fences. Revised Maintenance Sec. 7.12.7.B.1 Definition is not clear about what it includes and whether or not an existing fence could be replaced or would need a COA. Revised in Exemptions and Definitions Referral Process Proposal is to add a reference to the BAR referral process for rezonings and special exceptions to the Gateway District. Recommended reference to be added to Article 3 under rezonings and special exceptions Public Roads Public roads are not defined in the ordinance No Change the Ordinance already contains a definition for "Street" There was discussion regarding materials, removing the term "urban" from Section 7.12.1 desired design, the fee for a COA extension, removing the 15' requirement on the West Market Street Gateway District in Section 7.12.2-B2. Commissioner Barnes moved to remove the 15' requirement for the West Market Street Gateway District. Commissioner Harper seconded the motion and the motion carried by a vote of 5-2 (Nay: Faliskie and Robinson) Commissioner Robinson moved that the Planning Commission recommend to the Town Council that the Department of Plan Review Fee Schedule with respect to the Board of Architectural Review be amended in part, to provide that for residential properties within Gateway Districts there will be no fee associated with any application for a Certificate of Appropriateness where required by TLZO 7.12.8 for the following fee categories: " Additions to Existing Accessory Structures" and "Alterations to Existing Accessory Structures," provided that the accessory structure for which the COA is required was in existence on the date of enactment of the Gateway District. Commissioner Harper seconded the motion and the motion carried by a vote of 7-0. Commissioner Robinson moved that Zoning Ordinance amendment application TLOA-2020- 0002, Gateway District (Overlay) as depicted in Attachment Two of the July 2, 2020 staff report 5 Leesburg Planning Commission July 2, 2020 be forwarded to the Town Council with a recommendation of approval on the basis that the amendments satisfy the approval criteria specified in TLZO Section 3.2.5 and a recommendation to remove the word "urban" from Section 7.12.1 in the purpose and remove 7.2.12.2B2 West Market Street 15 feet requirement which will 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 Robinson moved that Official Zoning Map amendment application TLZM-2020- 0004, Gateway District (Overlay), as depicted in Attachment 3 of the July 2, 2020 staff report be forwarded to the Town Council with a recommendation of approval on the basis that the amendments to the West Market Street Map be included with our recommendation and that these amendments 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. COMPREHENSIVE PLANNING None STAFF AND COMMITTEE REPORTS None UPDATE ON CASES AT COUNCIL None SRTC REPORT Chairman Nacy informed the Commission that the SRTC will resume meetings on July 6tn BAR REPORT Commissioner Robinson informed the Commission that there has not been a lot to report other than work the BAR has done on the Gateway District. TOWN COUNCIL LIAISON REPORT None OLD BUSINESS None NEW BUSINESS None 6 Leesburg Planning Commission July 2, 2020 ADJOURNMENT: The meeting was adjourned at 8:33 pm Ap roved by: Ka en Cicalese, Commission Clerk Kari Nacy, Chair( 7