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The Town of Leesburg in Virginia
Leesburg Planning Commission
Meeting Minutes
November 19, 2020
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The Leesburg Planning Commission met on Thursday, November 19, 2020 in Town Hall
Council Chambers, 25 West Market Street, Leesburg, Virginia 20176. The meeting was held
with a quorum physically present. Staff members present included Susan Berry Hill, Director
Planning and Zoning, Lauren Murphy, Preservation Planner, Planning and Zoning, Mike
Watkins, Zoning Administrator, Planning and Zoning Tina Newton, Deputy Town Attorney, and
Karen Cicalese, Executive Associate, Planning and Zoning.
CALL TO ORDER
Chair Nacy called the meeting to order at 7:00 pm.
Members Present: Chairman Nacy, Commissioners Barney, Barnes, Clemente, Faliskie, and
Robinson
Commissioner Harper attended remotely
ADOPTION OF AGENDA
Motion: Commissioner Robinson
Second: Commissioner Barney
Vote: 7-0
APPROVAL OF MINUTES
November 5, 2020 Draft Minutes
Motion: Commissioner Robinson moved to approve the revised meeting presented to the
Commission at the meeting.
Second: Commissioner Barney
Vote: 7-0
DISCLOSURE OF MEETINGS
None.
CHAIRMAN’S STATEMENT
Chair Nacy wished everyone a Happy Thanksgiving holiday.
PETITIONERS
None
PUBLIC HEARING
a. TLOA-2020-0007 Gateway District Design Guidelines, Susan Berry Hill, Director,
and Lauren Murphy, Preservation Planner, Planning and Zoning
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Chair Nacy opened the public hearing at 7:04 PM
Ms. Berry Hill gave an overview of the direction the Town Council had given on this
project. In October of 2016, Council directed that a work group be established to study
the H-2 Guidelines and to determine if they needed to be replaced. Additional direction
was given to review and streamline the design review process. In August of 2017,
Council gave direction to staff to determine general boundaries of the overlay district
based on feedback from the working group. In February of 2018 Council gave direction
to determine the overlay boundaries, prepare new Guidelines to replace the H-2
Guidelines and to include a Streetscape Plan. The overlay district was adopted earlier
this year and staff will be presenting the Streetscape Design to Council on November
24th. The last remaining portion of the project are the new guidelines which will be
discussed this evening. Additionally, in October of 2019 Council directed that the Eastern
Gateway District Small Area Plan be implemented through adoption of Zoning
Ordinance Standards and regulations that would implement the policies in that plan.
Ms. Berry Hill discussed the background on Design Guidelines noting that Va Code
§15.2306 gives statutory authority to develop and approve architectural guidelines. The
Town of Leesburg Zoning Ordinance will incorporate the Gateway District Guidelines by
reference in Section 7.12.4. The Guidelines themselves will not be inserted into the
Zoning Ordinance. These guidelines will be used by the BAR and Preservation Planner
in their review of Certificates of Appropriateness. The current H-2 Guidelines will
continued to be used only for a proffered rezoning.
Ms. Berry Hill explained that staff is working with a Consultant on the format and design
of the document. The Commission received a largely completed draft in their agenda
packet however, the draft will continue to be revised with additional graphics and minor
edits before this goes before Town Council.
The Planning Commission reviewed the Introduction, Site Design Guidelines and
Building Design Guidelines in detail at their November 5th work session. The draft also
contains Sign Guidelines which the Planning Commission did not have the opportunity to
review at that work session as they were still under development.
At the November 5th work session the Planning Commission discussed overarching/big
picture questions about the document as well specific questions and comments per
Chapter. The Planning Commission gave specific direction on a number of sections and
these changes have been outlined in the November 19th staff report.
Updates since the November 5th meeting include:
Sign Guidelines – Received from the Consultant, reviewed by H2WG and Staff. Edits
were reviewed by the Town Attorney and have been incorporated in the current draft
(Except #11). The Commission received a draft of the Sign Guidelines in their agenda
packet
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Welcome Statement – Drafted by the H2WG and incorporated on page 6 of the
November 19th staff report
Formatted Document – 90% of the draft document was received from the Consultant,
there will be more pictures and minor edits
Discussion/Comments – The H2WG has reviewed this draft on November 12th. The
BAR reviewed the draft on November 2nd and their comments are due by November 16th.
Ms. Berry Hill noted that there were three general guidelines that require further
discussion. Numbers one and two represent recommendations from the Planning
Commission that the H2WG has reviewed and expressed some concerns. Number three
includes language in red that the H2WG would like to delete however, staff feels this
language should remain.
1. Site Design Guidelines: (D.) Public Spaces #4
Public open space should be usable space and will not include area such as buffer
yards, medians, or other areas not specifically designated for the interaction of
members of the public for leisure or recreation.
2. Site Design Guidelines: (G.) Site Utilities, Equipment, and Service Areas #5
Screen and landscape dumpsters with a solid barrier wall when multiple sides of a
building are visible from the public realm. Wood board may be found to be
appropriate but the design and materials should be selected to ensure that over
time, the enclosure may be maintained to provide a well-kept appearance.
3. Design Guideline #11 – Trademark or Corporate Signage
Trademark or Corporate (branded) signage must fit with the overall architectural
character of the building and the Gateway District. In all cases, corporate signage
must be consistent with the overall sign guidelines contained in this chapter. In
some instances, such signs may require reinterpretation to ensure compatibility
with the subject building and the surrounding context of the District. Such
reinterpretation may include, but is not limited to, use of alternative materials or
lighting solutions, adjustments in the scale of the trademark logos, or adjustments
to trademark colors to ensure that such signs are appropriate to the architectural
character of the Gateway in which they are located.
Ms. Berry Hill gave an overview of Zoning Ordinance Approval Criteria noting that the
Zoning Ordinance should follow the Town Plan and Chapter 5 of the Town Plan calls to
include design requirements in the Zoning Ordinance.
Ms. Berry Hill gave an overview of the process going forward as follows:
• Once comfortable, the Planning Commission will make their recommendations on
the draft to Town Council.
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• The Town Council public hearing will be held on December 8, 2020.
• The draft is to be completed with all remaining graphics.
• Post adoption all relevant sections of the Zoning Ordinance will be reconciled
• Post adoption -a possible Planning Commission discussion of Site Design as part
of the Town Plan implementation.
There was discussion on the following:
• Delaying the vote until the draft is complete and taking an opportunity to review
the draft guidelines going to Council on December 8th.
• The Welcome Letter should be signed by All Town Council Members, not simply
Town Council
• Site Design #4D Public Spaces – Replace Guideline #4 with the following
language from the H-2 Guidelines “Natural features help establish the character of
the Leesburg environment and provide transition and continuity between the
Town and adjacent country-side.”
• The draft should be in a landscape format
• Asking Council to initiate amendments adding regulation to the Zoning Ordinance
to address Signage (Article 15) and Open Space Articles 10.3, 12.2 and 12.10.
• Establish open space percentages in the Zoning Ordinance
• Direction from Council to amend the Zoning Ordinance to include more site
design guidelines in the Comprehensive Plan
• Consistent sign design throughout the Town
• Avoiding too much detail in the guidelines
Richard Koochagian, BAR and H2WG member, came forward to discuss the concerns
regarding the three guidelines listed above.
• Site Design Guidelines: (D.) Public Spaces #4
Public Space is a use. The BAR does not have jurisdiction over use and this
language does not belong in the Guidelines. He is agreeable to the substitution of
the H-2 language proposed to replace 4D Guideline 4.
The Planning Commission was in support of this substitution.
• Site Design Guidelines: (G.) Site Utilities, Equipment, and Service Areas #5
Maintenance and durability of materials are not reviewed by the BAR. Lauren
Murphy, Preservation Planner, noted staff’s agreement with the H2WG’s position
as it would be overly restrictive. It was their recommendation to remove the
following language:
“but the design and materials should be selected to ensure that over time, the
enclosure may be maintained to provide a well-kept appearance.”
The Planning Commission supported removing this language regarding
maintenance of materials.
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• Design Guideline #11 – Trademark or Corporate Signage
Removal of the following language:
“In some instances, such signs may require reinterpretation to ensure
compatibility with the subject building and the surrounding context of the District.
Such reinterpretation may include, but is not limited to, use of alternative
materials or lighting solutions, adjustments in the scale of the trademark logos, or
adjustments to trademark colors to ensure that such signs are appropriate to the
architectural character of the Gateway in which they are located.”
The H2WG felt that this guideline should be simplified and it was felt that this
was too wordy and confusing.
Ms. Murphy noted that staff felt it was appropriate to have the language remain
for clarity.
The Planning Commission suggested that more concise language was needed and
would refer back to staff to rewrite this guideline.
Chair Nacy closed the public hearing at 8:28 PM.
There was discussion regarding delaying the vote until a completed draft is available for
the Planning Commission to review. It was determined to provide a copy of the draft,
which will be going to Town Council, to the Planning Commission as an information
item at their December 3rd meeting. The Consultant will be providing the draft on
December 2nd for the Town Council packet therefore, hard copies will be provided on the
dais at the meeting on December 3rd.
Commissioner Faliskie moved that Zoning Ordinance Amendment application TLOA-
2020-0007, Gateway District Design Guidelines, with changes as specified in the
November 19, 2020 staff report and changes discussed this evening, 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 would serve the public
necessity, convenience, general welfare and good zoning practice.
Commissioner Barney seconded the motion and the motion carried by a vote of 7-0.
b. TLOA-2020-0008 Vending Kiosks, Mike Watkins, Zoning Administrator, Planning
and Zoning
Chair Nacy opened the public hearing at 8:45 PM.
Mr. Watkins explained that on an annual basis staff presents various zoning text
amendments in a “batch” that primarily address changes necessary due to new
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amendments to the Code of Virginia, zoning interpretations made by the Zoning
Administrator, correction of errors, proposes minor improvements to the usability of the
ordinance, and includes minor requests by residents and business owners. This item
addresses one remaining item from the 2017 Batch regarding “kiosks”.
The Leesburg Premium Outlet Mall is subject to proffered rezoning applications, ZM-150
and TLZM-2013-0004. The associated proffers limit the maximum gross floor area on
the property. With the construction of the existing buildings, the maximum gross floor
area has been achieved. Without permits, several small accessory structures (“kiosks”)
have been placed in interior common areas throughout the property. The kiosks are
principally used for food vending, but are not considered mobile food units. Evidently,
these structures have been on the property for a few years, and staff was made aware of
these unpermitted structures due to a request for a business license. The Zoning
Ordinance does not exempt accessory structures from the calculation of gross floor area.
As a result, these unpermitted “kiosks” are in violation of the proffered maximum gross
floor area. In order to abate the violation and address the unique use of these accessory
buildings, the term “Kiosk” and associated use standards were included in the 2017 Batch
Amendments.
The proposed text amendment for Kiosks include specific use standards. Because
Kiosks are intended to be accessory structures (not having a permanent foundation), it
was intended that they be exempt from the maximum building square footage. However,
this exemption was not included in earlier versions of the draft text.
The Planning Commission held its initial public hearing for the 2017 Batch Amendments
on September 5, 2019. Subsequent work sessions were held on October 3, 2019 and
December 19, 2019. A recommendation of approval, with no revisions to Kiosk use
standards, was forwarded to Council by a vote of 7-0.
A public hearing on the 2017 Batch Amendment was held by the Town Council on
January 14, 2020. The Council took action to approve a majority of the batch items
except for three items that they wanted to discuss further. Due to the COVID-19
pandemic this discussion was not scheduled until October 27, 2020. At the Town
Council’s October 27, 2020 meeting, three remaining items from the 2017 Batch were
discussed. Council remanded the use standards for Kiosks back to the Planning
Commission requesting the Commission’s recommendation regarding three questions:
1. Should there be a maximum number of permitted kiosks?
2. Should there be a minimum amount of permitted permanent building square footage?
3. Should there be specific location requirements for kiosks?
In addition to the questions asked by Council, the Planning Commission was asked to
offer a recommendation as to whether or not these structures should be exempt from the
calculation of gross floor area.
Question 1: Should there be a maximum number of permitted kiosks?
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Staff recommended that the Planning Commission may want to consider the following
recommendations regarding the number of kiosks:
1. Maintain the current limitation of up to five (5) kiosks; or,
2. Increase the maximum number of kiosks to ten (10), as requested by the Outlet Mall;
3. Suggest an alternate limitation.
The majority of Commission members were in support of maintaining the current
limitation of up to five kiosks.
Question 2: Should there be a minimum amount of permitted permanent building
square footage?
Staff recommended that the Planning Commission may want to consider the following
recommendations regarding the ratio required gross floor area to the number of permitted
kiosks:
1. Maintain the current ratios in the draft text
2. Raise the minimum gross floor area to 500,000 square feet
3. Suggest an alternate limitation.
The majority of Commission members supported raising the minimum gross floor area to
500,000 square feet.
Question 3: Should there be specific location requirements for Kiosks?
The draft language addressed the location of kiosks with respect to maintaining an
appropriate pedestrian pathway. However, some council members expressed concerns
regarding the lack of proposed location standards, specifically within parking lots.
Mr. Watkins noted that staff shares the same concern regarding kiosk locations and the
potential to reduce available parking. A new use standard has been added which prohibits
kiosks within parking facilities.
The majority of Commission members shared staff’s concerns regarding locating kiosks
within parking facilities.
The Planning Commission also discussed signage and height of the kiosk. The Planning
Commission expressed a preference to minimize the height of the height of the existing
kiosks if over ten (10) feet. Mr. Watkins agreed to go out and measure the kiosks height
at the Leesburg Premium Outlet Mall to determine the height. If over ten feet in height,
he will make note of the Commission’s preference to minimize the height of the existing
kiosks in his Town Council Public Hearing staff report. In terms of signage size, the
Commission preferred a sign to be no larger than 9 square feet.
Chair Nacy closed the public hearing at 9:55 PM.
Mr. Watkins assisted the Planning Commission in crafting the following motion:
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I move that Zoning Ordinance Amendment TLOA-2020-0008 Zoning Text Amendments
for Kiosks be forwarded to the Town Council with the following recommendations:
1. A maximum of five kiosks
2. Raise the minimum gross floor area to 500,000 square feet
3. Kiosks are prohibited within parking facilities
4. Kiosk height no greater than ten feet subject to information to be provided by Town
staff
5. Signs to be no larger than nine square feet.
Commissioner Faliskie moved to approve the motion as read by staff.
Commissioner Clemente seconded the motion and the motion carried by a vote of 6-1
(Nay: Harper)
SUBDIVISION AND LAND DEVELOPMENT
None
ZONING
None
COMPREHENSIVE PLANNING
None
STAFF AND COMMITTEE REPORTS
a. Update on Cases at Council, Susan Berry Hill, Director, Planning and Zoning
None
SRTC REPORT
None
BAR REPORT
None
TOWN COUNCIL LIAISON REPORT
None
OLD BUSINESS
None
NEW BUSINESS
None
ADJOURNMENT: The meeting was adjourned at 10:01 pm.
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Approved by:
______________________________ _____________________________
Karen Cicalese, Commission Clerk Kari Nacy, Chair