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HomeMy Public PortalAboutDraft Minutes 11 19 2020 The Town of Leesburg in Virginia Leesburg Planning Commission Meeting Minutes November 19, 2020 1 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 Leesburg Planning Commission November 19, 2020 2 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 Leesburg Planning Commission November 19, 2020 3 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. Leesburg Planning Commission November 19, 2020 4 • 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. Leesburg Planning Commission November 19, 2020 5 • 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 Leesburg Planning Commission November 19, 2020 6 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? Leesburg Planning Commission November 19, 2020 7 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: Leesburg Planning Commission November 19, 2020 8 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. Leesburg Planning Commission November 19, 2020 9 Approved by: ______________________________ _____________________________ Karen Cicalese, Commission Clerk Kari Nacy, Chair