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
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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
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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
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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
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