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HomeMy Public PortalAbout09 03 2020 PC MinutesThe Town of Leesburg in Virginia Leesburg Planning Commission Meeting Minutes September 3, 2020 The Leesburg Planning Commission met on Thursday, September 3, 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, Director Planning and Zoning, Scott Parker, Sr. Planning Project Manager, Tina Newton, Deputy Town Attorney and Karen Cicalese, Executive Associate. CALL TO ORDER Vice Chair Faliskie called the meeting to order at 7:00 pm and made the following statement: "Pursuant to the Town's Remote Electronic Policy, Mr. Clemente. Ms. Nacy, 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, Ms. Nacy and Mr. Barney to participate in the meeting." Vote: 4-0 Vice Chair Faliskie 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 133 597 4073 to join the meeting." Chair Nacy — Present, Present, attending remotely 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, attending remotely. ADOPTION OF AGENDA Motion: Commissioner Harper Second: Commissioner Barnes Vote: 7-0 1 Leesburg Planning Commission September 3, 2020 APPROVAL OF MINUTES a. August 6, 2020, 2020 Draft Minutes Motion: Commissioner Barnes Second: Commissioner Barney Vote: 6-0-1 (Nay - Harper) DISCLOSURE OF MEETINGS None. CHAIRMAN'S STATEMENT None PETITIONERS None PUBLIC HEARING TLZM-2020-0003 Leesburg Premium Outlets Public Hearing, Scott Parker, Sr. Planning Project Manager Vice Chair Faliskie opened the public hearing at 7:03 pm. Mr. Parker gave an overview of the application which is a Concept Plan and Proffer Amendment to allow an additional 6,000 square feet of retail uses at the Leesburg Corner Premium Outlet Mall in the form of internal kiosks. The request also includes the allowance of some retail uses currently prohibited by proffers, but allowable under the existing B-3 Zoning. These uses include second hand store, arts and crafts studio or store, barber shop and beauty shop, dressmaker's shop, photographer's studio and tailor shop. Four Acceptance Modifications/Waivers were granted and include the requirements for a Fiscal Impact Analysis, archeological information, a Traffic Impact Analysis, and a preliminary site plan. The application in part addresses a zoning issue related to the four existing kiosks. The Town does not have a definition for a retail kiosk however, within the applicant's Statement of Justification they have indicated through their retail experience, that a conservative estimate is that a kiosk is between 50 and 200 square feet, including the standing area around the kiosk. They have indicated each kiosk at 600 square feet allowing for up to ten kiosks on the site including the four that currently exist. Approval of this application would bring the site into zoning compliance. Staff has analyzed the request for overall impact to traffic, the site, and surrounding development, and has determined that both requests will not have any detrimental impacts, with Staff concurring with the applicant that the addition of the kiosks and expanded uses will help the Leesburg Corner Premium Outlet Mall to compete in an evolving and rapidly changing retail shopping environment. Staff finds the proposal is in general conformance with the policies of 2 Leesburg Planning Commission September 3, 2020 the Town Plan, the approval criteria of TLZO Sec. 3.3.15 have been satisfied and the proposal would serve the public necessity, convenience, general welfare and good zoning practice. There was discussion regarding the use of existing available space; whether the kiosk is considered to be an outdoor sales use; the proposed new uses competing with the small businesses in Town; the allowance of second hand stores hurting the local charity shops; the existence of current zoning violations; defining kiosks in the proffers; the new uses being located in the kiosks; the allowance of kiosks at other retail centers in the B-3; and the need for a Zoning Ordinance amendment. Mr. Parker clarified that, per the Zoning Administrator, a kiosk is considered to be retail sales not outdoor sales. He further clarified that this application is a concept plan and proffer amendment to rectify the zoning violation and to allow kiosks on the site. Should another retail center in the B-3 wished to have kiosks, they would need to follow the same concept plan amendment process. Mr. Parker further explained that at this time, the Zoning Administrator has determined that the kiosk use falls under the retail sales use and an amendment is not warranted. John Dionis, the representative for the applicant, addressed the question of existing available space noting that he did not have that information available but could get that from the General Manager. He explained that the 6,000 feet of kiosk use is an entirely different space, of a different nature to add vibrancy to the common area. This square footage also takes into account the standing area around the kiosk. With regard to the requested new uses they will not be located in the kiosks. They are intended for the in -line spaces in the existing center. The kiosks are not external to the center. They are intended to support the larger center creating a warm environment and dynamic experience. Mr. Dionis addressed the concern regarding second hand stores noting that retail is evolving and there are quality items that can be re -used such as prom dresses, wedding dresses, etc. This is a use that fills a need, has been explored, and expanded across the country. Vice Chair Faliskie closed the public hearing at 7:42 pm and called for further discussion. There was discussion regarding the outlets being a large revenue generator for the Town and the requested amendment and uses are to help them survive in these unprecedented times. The majority of Commission members expressed a concern regarding the negative impact on small businesses within the Town. Commissioner Robinson moved that rezoning application TLZM-2020-0003 Leesburg Corner Premium Outlet Mall be forwarded to Town Council with a recommendation of denial on the basis that the approval criteria has not been satisfied due to the fact that the requested kiosks square footage has not been added to the square footage of the building; the kiosks are not currently allowed within B-3 zoning districts and therefore not available to other B-3 properties; and sales that are conducted outside the regular brick and mortar business seem to be considered more than seasonal sales. Commissioner Robinson further expressed opinions that the Town 3 Leesburg Planning Commission September 3, 2020 should not permit kiosks and that the proposed new uses proposed in this application will competitively hurt other existing businesses in Town. Commissioner Harper seconded the motion and the motion carried by a vote of 5-2 (Nay — Faliskie and Clemente) 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 None TOWN COUNCIL LIAISON REPORT None OLD BUSINESS None NEW BUSINESS None ADJOURNMENT: The meeting was adjourned at 7:57 pm. App oed by: r aren Cicalese, Commission Clerk David Faliskie, Vice Chair 4