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Home My Public Portal About08 06 2020 PC MinutesThe Town of Leesburg in Virginia Leesburg Planning Commission Meeting Minutes August 6, 2020 The Leesburg Planning Commission met on Thursday, August 6, 2020 in Town Hall Council Chambers, 25 West Market Street, Leesburg, Virginia 20176. The meeting was held with a quorum physically present. Two members of the Planning Commission attended remotely with staff coordinating electronic participation via WebEx. Staff members present included Susan Berry Hill, Rich Klusek, Eric Meske (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 Mr. Barney will be participating in the meeting from their home 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 Mr. Barney to participate in the meeting." Vote: 4-0-2 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 129 277 7665 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 in -person Commissioner Robinson — Present, attending in -person Commissioner Barney — Present, he joined the meeting at 7:18 pm and a separate vote was taken to allow him to participate remotely (6-0-1). ADOPTION OF AGENDA Motion: Commissioner Harper Second: Commissioner Barnes Vote: 6-0-1 (Barney not present for vote) 1 Leesburg Planning Commission August 6, 2020 APPROVAL OF MINUTES a. July 2, 2020 Draft Minutes Motion: Commissioner Harper Second: Commissioner Faliskie Vote: 6-0-1 (Barney not present for vote) DISCLOSURE OF MEETINGS Chairman Nacy disclosed an email and voice mail exchange with Sasha Brauer from Walsh Colucci regarding the McDavit rezoning application. CHAIRMAN'S STATEMENT Chairman Nacy noted that it was Commissioner Harper's birthday and wished her a Happy Birthday. PETITIONERS None PUBLIC HEARING TLZM-2020-0001 McDavit, Public Hearing, Rich Klusek, Sr. Planner, Planning and Zoning Chairman Nacy opened the public hearing at 7:04. Mr. Klusek gave an overview of the application which is a request by Michael McDavit and Catherine Visintainer, (Applicant) for approval of a rezoning application to allow for construction of one single-family detached dwelling unit on 1.75 acres of land. Specifically, the Applicant proposes to rezone 1.75 acres from the 0-1, General Office District to the R-1 Single -Family Residential Zoning District. The Applicant is proposing a density of 0.57 dwelling units per acre. As part of this application the following three acceptance modification/waivers were granted. • Fiscal Impact Analysis: TLZO Sec. 3.3.6.J requires that a fiscal impact analysis that demonstrates the long term fiscal benefits and costs to the Town be provided for the proposal. A waiver from this requirement was granted on the basis that one single-family home and conversion of less than 2 acres to residential use will have a negligible fiscal impact. • Archeological Information: TLZO Section 3.3.6.M requires that an archaeological study be provided, and further that a letter from the State Historic Preservation Office (SHPO) concurring with the evaluations of the study be submitted at the time of application acceptance. A waiver from this requirement was granted on the basis that this application proposes returning the Property to its prior R-1 zoning status. If the Property had remained in the R-1 zoning district, a single-family home construction on the Property would not require any archaeological investigations. Furthermore, this property 2 Leesburg Planning Commission August 6, 2020 is relatively small and only approximately 1.75 acres in size and the proposed use as a single family home will result in less land disturbance than by -right office use. Lastly, research conducted by the applicant with the Virginia Department of Conservation and Recreation and the Virginia Department of Historic Resources revealed no indication of critical natural resources or historic resources located on the Property. • Traffic Impact Analysis: TLZO Section 3.3.3.G requires that a Traffic Impact Analysis be submitted with an application for rezoning. The site is currently zoned for office uses and one single-family home is expected to have significantly less impact than the by -right office use. Mr. Klusek concluded his presentation noting that staff recommends approval as there are no outstanding issues and the applicant has agreed to add a note regarding the storm water study as requested by staff. Sasha Brauer, Walsh Colucci, came forward as the representative for the Applicant and delivered their presentation. She gave an overview of the subject property which is currently undeveloped and overgrown with invasive species of vegetation. She discussed grading, buffering, site considerations, sight distance constraints in relation to the driveway location and building elevations. She concluded her presentation noting that the proposed Zoning Map Amendment to develop a single family residential dwelling unit is a more complimentary use to the surrounding area than the current Town Plan designation. Public Comment Bruce Brownson, P.O. Box 62, Mount Vernon, VA 22121, came forward in support of the application as the property has been a problem for years. He owns the property immediately west of the subject property and is hoping for a comprehensive approach to provide water and sewer to his property. Julia Graves, 211 Lake View Way, NW, Leesburg, VA, came forward and expressed concern regarding the invasive species on the property and has spoken with the Applicant regarding getting the property cleaned up. She thanked Mr. Klusek for his assistance. Laura Verscharey, 213 Lake View Way, NW, Leesburg, VA 20176, came forward in opposition to the application citing concerns regarding flooding, building height, and impact on view shed. Kerry Butterfield, 215 Lake View Way, NW, Leesburg, VA 20176 and expressed concerns regarding whether the trees, numbered on the plan, will be preserved, and the location of the utility easement that Dominion Power will utilize to trim the trees under the power lines. There was discussion on drainage, flood mitigation, tree preservation, and the location of the Dominion Power easement. Chairman Nacy closed the public hearing at 7:34 PM and called for Commission member comments and discussion. 3 Leesburg Planning Commission August 6, 2020 There was discussion on the buffer yard requirements; the applicant's request to modify these requirements; and the staff's recommendation regarding the modification requests. Commissioner Harper moved that rezoning application TLZM-2020-0001, McDavit, be forwarded to the Town Council with a recommendation of approval on the basis that the rezoning meets the Approval Criteria of TLZO Section 3.3.15, and the proposal will serve the public necessity, convenience, general welfare and good planning practice. Commissioner Barnes 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 Chairman Nacy informed the Commission that she was unable to attend the meeting. BAR REPORT None TOWN COUNCIL LIAISON REPORT None OLD BUSINESS None NEW BUSINESS Commissioner Harper asked the Commission members if they would support further discussion on the Cattery and Doggie Daycare Zoning Ordinance amendment at a future work session. This was to specifically address the term `cattery', cat cafe and unattended overnight stays at kennels. Susan Berry Hill, Director, Planning and Zoning, explained that the Zoning Ordinance text amendment pertaining to doggie day care businesses and catteries was scheduled for discussion at the August 11th meeting and that the Commission could send a member to represent the Commission at that meeting. 4 Leesburg Planning Commission August 6, 2020 Commissioner Barnes moved that the Planning Commission send Mary Harper to the August 11th, Town Council meeting to address Council, on their behalf, regarding amendments to the Cattery and Doggie Daycare Zoning Ordinance amendment to include a definition for "Cat Cafe" and to delete "Cattery" and include it in the definition for "Veterinary" use in Chapter 18 of the Zoning Ordinance, and to address unattended overnight stays in kennels. Chairman Nacy seconded the motion and the motion carried by a vote of 6-0-1 (Nay-Faliskie). Chairman Nacy informed the Commission that there would not be a meeting on August 20th as previously voted on in January when they adopted their 2020 calendar. ADJOURNMENT: The meeting was adjourned at 7:52 pm Ap i oved by: J Karen Cicales " ' �� mission Clerk Kari Nacy, Chair 5