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HomeMy Public PortalAbout1996_01_29SPECIAL MEETING MINUTES JANUARY 29, 1996 A special meeting of the Leesburg Town Council was held on Monday, January 29, 1996 at 4:30 p.m., in the First Floor Executive Conference room, 25 West Market Street. Notice having been delivered to all Councilmembers priorthereto. The purpose of the meeting was to discuss the process for plan review and an amendment to the Leesburg Zoning Ordinance to establish a MA-Municipal Airport Zoning District. The meeting was called to order by Mayor Clem. ROLL CALL Councilmembers present George F. Atwell J. Frank Buttery, Jr. (absent) Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd William F. Webb Mayor James E. Clem Staff members present Town Manager Steven C. Brown Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Chief of Plan Review Paul Gauthier Zoning Administrator Scott Johnson Airport Manager Juan Rivera Chief of Current Planning Lee Phillips Deputy Town Attorney Deborah Welsh Mr. Brown referenced discussions held last summer with regard to involving ESI. This was tabled to allow the opportunity for Councilmember Emswiller and himself to meet with staff and representatives of the development community. Meetings were held on October 6, 23 and November 6, 1995. The process was enlightening and several ideas came out of those discussions. The Town has been as responsive as possible to the development community. The town has worked on the turn-around-time for plan review. Gordon and Associates was selected to conduct consulting plan review work. A second plan review consultant is being considered due to the amount of work Gordon & Associates is doing in the town. Mr. Brown stated a couple of items that Council may want to consider during budget deliberations are: 1. There are a substantial number of citizen inquiries that the town's plan review staff is required to respond to. It may be appropriate to add additional resources to not only respond to citizens about plan review, planning and development concerns but that position could help coordinate review as well. 2. There are a number of policy improvements staff is working on. Including updating the Subdivision and Land Development Regulations, Design and Construction Standards Manual and the Zoning Ordinance. The development community has asked for substantial input on this. Perhaps ESI could perform a function in that area - to assist with policy documents. 3. It has been suggested that the town take a look at its review fees. Currently, a lot of work is being done for fees below market and a lot of work is being done for free. ESI could play a role in coordinating a review fee study to ensure the town is on the right track. 4. Improved education - more of these types of meetings with Planning Commission members. The Planning Commission members currently undergo certification sponsored by the State of Virginia. 5. Additional communication efforts between the Planning Commission and Town Council. Ms. Emswiller stated a fair amount of time was spent in these meetings - time well worth spending. She has a deeper appreciation and greater respect of the town's staff and their function. Town staff truly has a high regard and pride in what they do and how they do it. Ms. Emswiller stated it would be a good idea, at least once a year, to have staff go over how the planning process works. It is very complex. Other than the budget, it is the most important item that the town deals with. It is the land uses. The land that the town has and how it is going to be developed and used. Town staff has very rigid rules and regulations that the town has established - and the town staff cannot be flexible and have to administer the rules and regulations that the Council has established. One of the biggest things that the Council can do is let the message go forth to the development community that the Council is going to support the town staff. Ms. Umstattd asked if the town should have in place a mechanism for preserving an archaeological significant find, if one was found during new development - even if the proffer process/stage has been completed? What would happen? Ms. Emswiller stated some type of mechanism should be included in the town's Zoning Ordinance in case something is found. Mr. Trocino suggested seminars or training sessions for the development community with the town's staff being the educator. To inform the development community of how the town expects to receive plans and policy, for example the town's road standards. Mayor Clem asked how the town's fees compare to those of Fairfax County? Mr. Tompkins stated that a study is currently being prepared compiling this information. Mr. Mason stated that some people have said that the Certified Plans Examiner process set up in Fairfax County by ESI has helped make the process work better. Mr. Gauthier explained that ESI's program is a fairly high investment of dollars and time by the member firm. This is fine if your dealing with a large engineering firm because they have the resources and the people to send. In Leesburg there are a number of smaller firms so that, in many cases, the principal of the small firm ends up taking the ESI course. Principals of small firms may be unwilling to take time away from their business to do this. Mr. Brown stated staff's recommendation is to involve ESI on a basis of helping with some of the policies and education. The town does not have the resources to evaluate this type of program. Ms. Emswiller recommended that the town talk with ESI about the cost of consultation and make recommendations of how the town can do things better. The town's ultimate goal does not have to be faster. If a plan is submitted right the first time this would not happen. She concurred with Mr. Trocino's suggestions of the town conducting seminars during the year. The Deputy Town Attorney could conduct a seminar on the legalities. Staff could conduct a seminar on requirements. This is a start, depending on the cost of ESI. Ms. Emswiller suggested the town charge engineering firms an additional fee each time the plans have to be resubmitted. Presently, a plan can go back and forth an unlimited amount of times. Mr. Gauthier explained that the plan review process is a big business. Since 1988, the Town Council has approved millions and millions of dollars worth of improvements that the town has taken into its inventory. The Council is saying to the development, "if you build it we will take it into the town's inventory forever. This is a big, big amount of money that is being taken into the town's inventory that the town will have to maintain forever. From the engineering side this is not really regulation, this is a business and the town is in the business of providing water, sewer, roads, storm drainage and stormwater management and nobody who runs a business would take things into inventory without checking to make sure that it is something that can be maintained. The town reads what it says in the book and it is administered just that way." Mr. Trocino expressed concern with the qualitative errors that occur. By educating people on how the current policies work minimizes the errors. Ms. Emswiller stated the Council should impose a fee for resubmittals of plans. This is the only leverage the town may have to get work at a higher standard when plans are submitted. The Council agreed to have staff contact ESI for consultation and to see how much the cost would be to take an overview of what the town is currently doing and how it can be improved. Mr. Johnson provided a staff report on the proposed MA-Airport Zoning District and Rezoning Application #ZM-148 by the Town of Leesburg. Ms. Emswiller asked, does this Town Council want a building closer than 40 feet to a road? -2- Ms. Umstattd expressed concern with public safety when Sycolin Road is widened and with a hangar one foot from the right-of-way and four feet from the road. She asked if other jurisdictions have done this and whether or not there have been any accidents? Mr. Mason stated if the Council is going to allow the buildings to be that close to the road, the Council needs to understand that there is exposure by establishing a set of rules that are significantly different than all the rules that have been applied up and down the rest of the roads. Is the Town then going to have to allow the other developers to build closer to the road? Mr. Rivera reiterated the fact that the airport is limited on the amount of space that it has. This is a certain case. Future development will be looked at on a case-by-case basis. After further discussion this matter was referred to the Planning and Zoning Committee of March 5, 1996, for further consideration. On motion ot; and duly seconded, the meeting was adjourned. Clerk of Council ames E. Clem, Mayor own of Leesburg -3-