HomeMy Public PortalAbout2005_11_08Town Council briefing 7:00 p.m.
November 8, 200F;
Peterson Property Briefing
Mr..leff Saxe, Peterson Companies, gave Council an overview of the proposed
Crosstrail mixed use project.
He stated Peterson Companies has been in business for 40 years and
referenced projects they have completed in Fairfax County such as Fair Lakes and
Fairfax Corner and in Gaithersburg, Maryland the Washingtonian Center.
He stated the proposed Crosstrail mixed use project will offer office, retail,
residential, two interchange connections along the Greenway and one at Crosstrail
Boulevard and the other at Battlefield Parkway. :In addition there will be on-site
roads and an off ramp from the Greenway to the connector road.
Mr. Saxe stated they will spend $20 million on this project which will provide
500 residential units, an elementary school site, neighborhood retail, airport
supporting uses (hangers), a town center on the northern portion of the property,
Class A Office, and a public plaza.
He stated Crosstrail will help make Leesburg Executive Airport successful and
profitable by the sale of 45 acres to meet FAA standards, corporate plane hangers
and services, hotels, restaurants, and retail services. The residential use is located
outside the Town and will adhere to FAA guidelines of 65 Ldn as well as Town
guidelines of 60 Ldn. Further, disclosure of the airport will be made to all buyers.
Further, he stated the Town Plan revisions will consist of relocation of
residential westward, a fire/rescue site, airport hangers and related uses, a redesign
the Town of Leesburg portion of the project, a park and health club, $8 million in
regional roads, and $8 million in capital facilities costs.
Tn conclusion, Mike Banzhaf stated this will be a good neighbor to the Town
and will provide Class A office. Further, Loudoun County Sanitation Authority will
provide utilities.
Councilmember Burk verified the proposed health club will be utilized on a
membership basis. Further, she stated her concern with the residential use across
from hangers.
There was no Council discussion on this item.
COUNCIL MEETING November 8, 2005
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Katie Sheldon Hammler, Susan Horne,
Melinda Kramer, Marry Martinez, Robert Zoldos, and Mayor Kristen Umstattd.
Councilmembers Absent: None
Staff Present: Town Manager 3ohn Wells, Assistant to the Town Manager Nicole
Ard, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public
Works Tom Mason, Chief of Police ]oe Price, Director of Economic Development Betsy
Fields, Director of Planning, Zoning and Development Susan Swift, Director of Capital
Projects Management Nagi Elsewaissi, Director of Utilities Randy Shoemaker,
Director of Parks and Recreation and Acting Airport Director Kaj Dentler, Planner
Chris Murphy, Zoning Administrator Brian Boucher, Traffic Engineer Calvin Grow,
Management Specialist Tami Watkins and Clerk of Council ]udy Ahalt.
AGENDA ITEMS
B.
C.
D.
Tnvocation by Councilmember Hammler
Salute to the Flag was led by Mayor Umstattd
Roll Call showing all present. Councilmember Zoldos leaving at 9:30 p.m.
Minutes
a. Town Council work session minutes of August 8, 2005
On a motion by Councilmember Zoldos, seconded by Councilmember
Home, the minutes of the August 8, 2005 work session were approved by
a 7-0 vote.
Presentations
a. Resolution of Respect - Adam Maurice Perry
This item was deferred to the next Council meeting
b. Resolution of Appreciation - Greenville T. Emmet
On a motion by Vice Mayor Martinez, seconded by Councilmember
Home, a resolution of appreciation was presented to Greenville Emmet for
his dedication to WAGE radio and the community for the past 25 years.
c. Certificate of Appreciation - Loudoun Chapter of the NAACP
On a motion by Vice Mayor Martinez, seconded by Councilmember
Burk, a certificate of appreciation for the NAACP was presented to
Reverend Early.
Petitioners
The petitioners section opened at 7:36 p.m.
Town Council meeting of November 8, 2005 Page 3
Scott Small spoke in support of B&M Motor Cars. His comments are
incorporated into the B&M Motor Cars public comment.
Bridget Bangert addressed Council regarding the KSI application for Village at
Leesburg. She stated she is speaking as an individual and not on behalf of the
Planning Commission. She stated the application before Council is very different than
the one presented to the Planning Commission. Ms. Bangert asked for support for
the application since there were significant transportation improvements and the
applicant has now proffered to move Russell Branch Parkway to the Leegate
property. The entrance to Carradoc Hall and the proffer language on the interchange
have been clarified and will be built up front.
She asked that noise mitigation issues be addressed by the applicant.
Marybeth Mohr, 314 Foxridge Drive, addressed Council and presented
petitions in opposition to the KS! (Village at Leesburg) project.
The petition asked that the Leesburg Town Council stay focused on our
downtown, the Crescent District and the master plan; fully understand the potential
economic mix of all future development and keep an appropriate balance; consider
and plan to improve transportation along Route 7; demand workforce housing with
the creation of workforce jobs; and save remaining wetlands.
Ms. Mohr added the Crescent District will help resolve the need for office
space and Council should not to allow KS! to undermine the success of the Crescent
District.
She stated this application promotes the use of automobiles and increases
traffic and the application does not have the appropriate mix of work force and
affordable housing.
GiGi Robinson, 207 Prince Street, addressed Council asking for denial of the
KS! Project. She stated the plan is in conflict with the Town Plan and not the best
solution for this last large parcel in the Town.
.lim Sisley, 1117 Franklin Court, addressed Council in opposition to the KS!
project. He stated focusing on the central business district would be beneficial to the
Town. This project will divert the shopping experience to the east end of Leesburg
and not the downtown. He added the continued redevelopment of downtown will
cause the displacement of light industrial in the downtown. Further, the traffic on
the eastern edge of Leesburg will significantly increase.
Further, he stated the altering of the comprehensive plan and spot zoning will
not reflect well on this Council.
Elmo Blythe, B&M Motor Cars, addressed Council stating B&M Motor Cars is a
good fit for the proposed Leesburg Park site.
Mayor Umstattd stated Mr. Blythe's comments will be included as part of the
public comment on the B&M Motor Cars public hearing.
Susan Parker Hamlet, 119 Davis Avenue, addressed Council. She stated her
grandfather had worked on the property proposed for the Village at Leesburg site
Town Council meeting of November 8, 2005 Page 4
and her family had farmed this area for four generations. Further, she asked that
Council do what is right for this parcel of land.
Public Hearing
a, Water and Sewer Rate :Increase
This public hearing was deferred to November 22, 2005.
b, TLSE-2005-O002 B&M Motor Cars special exception to permit
vehicle sales within the B-3 Zoning District
This public hearing opened at 8:00 p.m.
Chris Murphy outlined this application for special exception to permit
vehicle sales within the B-3 Zoning District in the Leesburg Park Shopping
Center. He reviewed the site plan with Council.
He stated staff recommends denial due to deficiencies listed in the staff
comments of November 8, 2005. The deficiencies include: (1) inconsistencies
with the infill policies of the Town Plan, (2) landscaping and buffering issues;
(3) no accommodation for loading space; and (4) driveway improvements.
Mr. Murphy stated the applicant has a signed agreement with Phillips and
Fuller to use their property for the loading space. However, this space does
not meet the minimum space requirement.
Traffic Engineer Calvin Grow presented a slide with the improvements
recommended by the Department of Engineering and Public Works. The
department recommended a right turn lane out and an extra lane coming into
the site.
Mr. Murphy outlined the Planning Commission's recommended
conditions of approval for this application as follows: Condition 13 - excluding
the sale of motorcycles on the property; Condition 14 - provide an affidavit
certifying that the vehicle sales use will never utilize the loading space
reserved on the Phillips and Fuller property; Condition 17 - reduction of the
S3 buffer on the west side to 16.67 feet as depicted on the Special Exception
Plat; Condition 18 - reduction of the 50-foot S3 buffer yard on the south side
of the property as depicted on the Special Exception Plat; and Condition 20 -
the applicant shall provide an ingress/egress easement on their property to
allow for installation of an additional lane on the driveway into the shopping
center.
Councilmember Kramer verified if this application is approved and later
resold for another use that another special exception would be required.
Town Attorney Barbara Beach reminded Council that the application
before them does not comply with the code requirement for loading space and
Council does not have the power to grant a variance on that issue. Therefore,
special exception approval would have a condition that they will have a code
complaint loading space.
Bob Sevila, attorney for the applicant, addressed Council. He stated he
submitted a plat that shows a compliant loading space behind the Phillips and
Town Council meetinq of November 8, 2005 Page
Fuller property; however, they do not intend to use the loading space as they
never receive their vehicles on a 50-foot trailer.
Additionally, the issues identified are traffic improvements, buffer yards
and their compatibility with surrounding residences.
Mr. Sevila stated there was no opposition from The Glen or Banyon
Cove at the Planning Commission public hearing.
He stated his client has agreed to remove the metal fence at The Glen
property and install an 8 ft. brick wall plus 8 ft. of additional landscaping.
With regard to the additional right turn lane onto Edwards Ferry Road,
IVlr. Sevila stated the area for the turn lane is not on his client's property.
He added the level of service at the intersection is a Level C and an
additional right turn land should be an issue resolved by all owners of
Leesburg Park.
Mr. Sevila stated his client agrees to provide a dedicated easement
along the property for another incoming lane. Further, they will comply with
all conditions with the exception of Condition 20.
Councilmember Kramer verified there will be a perpetual easement
attached to the property.
IVlr. Sevila stated it is too great of an inconvenience for his client to
provide these road improvements.
Councilmember Horne stated the fairness issue should be considered.
Councilmember Zoldos stated he is in agreement with the Planning
Commission.
IVlayor Umstattd complimented IVlr. Sevila on his presentation and stated
the argument on Iow traffic is compelling. Further, she concurred with the
fairness issue of asking this applicant to provide traffic improvements.
Scott Small spoke in support of B&M Motor Cars.
Elmo Blythe, B&M Motor Cars, addressed Council stating that B&M Motor
Cars is a good fit for the proposed Leesburg Park site
The public hearing closed at 8:55 p.m.
c. Adelphia-Comcast Franchise Transfer Agreement
This public hearing was deferred to November 22, 2005.
Town Council meeting of November 8, 2005 Page 6
H. Legislation
ORDINANCE
None
CONSENT AGENDA
On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the
following motion was proposed:
RESOLUTION
2OO5-171
Making a reduction of the performance guarantee for public improvements installed
in Hawks View Glen.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Vice Mayor Martinez, seconded by Councilmember Hammler,
the following motion was proposed:
RESOLUTION
2005-172
Establishing pro rata fees for the Sycolin Pressure Zone (Rt. 643) water storage
tank.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Councilmember Home, seconded by Vice Mayor Martinez, the
following motion was proposed:
RESOLUTION
2005-173
Declaring public necessity exists and authorizing offers to acquire right-of-way,
temporary and permanent easements on Ft. Evans Road, and authorizing
condemnation if offers are not promptly accepted.
The motion was approved by the following vote:
Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Vice Mayor Martinez, seconded by Councilmember Hammler,
the following motion was proposed:
Town Council meeting of November 8, 2005 Page 6
H. Legislation
ORDINANCE
None
CONSENT AGENDA
On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the
following motion was proposed:
RE$OLUTTON
2005-171
Making a reduction of the performance guarantee for public improvements installed
in Hawks View Glen.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Vice Mayor Martinez, seconded by Councilmember Hammler,
the following motion was proposed:
RESOLUTION
2005-172
Establishing pro rata fees for the Sycolin Pressure Zone (Rt. 643) water storage
tank.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Councilmember Home, seconded by Vice Mayor Martinez, the
following motion was proposed:
RE$OLUTTON
2005<173
Declaring public necessity exists and authorizing offers to acquire right-of-way,
temporary and permanent easements on Ft. Evans Road, and authorizing
condemnation if offers are not promptly accepted.
The motion was approved by the following vote:
Aye: Burk, Hammler, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Vice Mayor Martinez, seconded by Councilmember Hammler,
the following motion was proposed:
Town Council meeting of November 8, 2005 Paqe 8
Parkway; and Crosstrail Boulevard will provide access to several plats of
undeveloped land that are designated for office uses.
Councilmember Hammler stated she does not believe this application will
have a negative impact on the downtown. Therefore, she will be supporting this
rezoning application.
Councilmember Kramer said after her most recent discussion with KS! she
learned there was a proffer submitted that she did not know about. The proffer
relating to cultural efforts evaporated and the current proffer that provides funds to
go to ]~da Lee clearly is an effort to influence the vote. She stated her vote is for
what will be best for this community in the long term and not for any specific
interest.
Councilmember Horne stated this project opens the door for high quality
office, establishes an increased economic tax base, will add to the richness and
diversity of Leesburg, creates positive economic opportunities, and provides a
significant financial contribution for road improvements. The applicant has been
responsive to the Planning Commission, staff and Council. This is not an either/or
decision as the historic district and this project can coexist. She added this is positive
development offering high quality addition to our community and a competitive
market place.
Councilmember Burk expressed her opposition to this project, stating we are
losing an opportunity we will never get back. This parcel should be solely for Class A
Office and it will be in competition with downtown development. She stated this
project is at the wrong place and at the wrong time. Further, she stated her vision
is for the town centers around what Leesburg is all about with concentration on the
downtown historic district.
Vice Mayor Martinez stated the transportation improvements of this project
are good, adding the Crescent District is mutually exclusive of this project. He
stated he believes this project will keep shoppers in the Town and questioned
whether the market force is demanding more office.
He stated his concern with the downside of the application process requiring
eight or nine submissions and the last minute negotiation of proffers with Council.
He added the Town Plan is a guide rather than a blueprint.
The motion was approved by the following vote:
Aye: Hammler, Home, Martinez, and Zoldos
Nay: Burk, Kramer, and Mayor Umstattd
Vote: 4-3
On a motion by Councilmember Zoldos, seconded by Councilmember Home,
the following motion was proposed:
RE$OLUTZON
2OO5-176
Special Exception TLSE-2004-0019 Village at Leesburg multi-family in the B-4 Zoning
District to permit 85 multi-family dwellings within the B-4 zoning portion of the
Village at Leesburg development.
Town Council meeting of November 8, 2005 Page 9
The motion was approved by the following vote:
Aye: Hammler, Horne, Martinez, and Zoldos
Nay: Burk, Kramer, and Mayor Umstattd
Vote: 4-3
On a motion by Councilmember Hammler, seconded by Councilmember
Zoldos, the following motion was proposed:
RESOLUTION
2005-177
Special Exception TLSE-2004-0020 Village at Leesburg Parking Deck A, to permit a
two-level 575 space private parking structure on the PRC Zoned portion of the
Village at Leesburg development.
The motion was approved by the following vote:
Aye: Hammler, Home, Martinez, and Zoldos
Nay: Burk, Kramer, and Mayor Umstattd
Vote: 4-3
On a motion by Councilmember Home, seconded by Councilmember
Hammler, the following motion was proposed:
RESOLUTION
2005-178
Special Exception TLSE-2004-0021 Village at Leesburg Parking Deck B, to permit a
five-level 570 space parking structure on the PRC Zoned portion of the Village at
Leesburg development.
The motion was approved by the following vote:
Aye: Hammler, Home, Martinez, and Zoldos
Nay: Burk, Kramer, and Mayor Umstattd
Vote: 4-3
On a motion by Councilmember Zoldos, seconded by Councilmember Horne,
the following motion was proposed:
RESOLUTION
2OO5-179
Special Exception TLSE-2004-0022 Village at Leesburg Parking Deck C, to permit a
four-level 578 space private parking structure on the PRC Zoned portion of the
Village at Leesburg development.
The motion was approved by the following vote:
Aye: Hammler, Horne, Martinez, and Zoldos
Nay: Burk, Kramer and Mayor Umstattd
Vote: 4-3
On a motion by Councilmember Hammler, seconded by Councilmember
Zoldos, the following motion was proposed:
Town Council meeting of November 8, 2005 Page 10
RESOLUTION
2005-180
Special Exception TLSE-2004-0023 Village at Leesburg Parking Deck D, to permit a
three-level 857 space Private Parking structure on the B-4 Zoned portion of the
Village at Leesburg development.
The motion was approved by the following vote:
Aye: Hammler, Home, Martinez, and Zoldos
Nay: Burk, Kramer and Mayor Umstattd
Vote: 4-3
On a motion by Councilmember Horne, seconded by Councilmember Zoldos,
the following motion was proposed:
RESOLUTION
200.5-181
Special Exception TLSE-2004-0024 Village at Leesburg, bank with drive-thru to
permit a five-lane drive-thru with a 5,000 square foot bank.
The motion was approved by the following vote:
Aye: Hammler, Home, Martinez, and Zoldos
Nay: Burk, Kramer and Mayor Umstattd
Vote: 4-3
Boards and Commissions
a. Airport Commission
No comment
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
No comment
d. Cable Television Advisory Commission
No comment
e. Economic Development Commission
Councilmember Home reported the Doing Business Guide is in progress
and should be ready in January.
f. Environmental Advisory Commission
No comment
g. Information Technology Commission
No comment
h. Parks and Recreation Commission
Councilmember Hammler reported the next meeting will be this coming
Saturday and the Symington Donation will be further discussed. She stated
the survey results indicate support for an outdoor pool.
Town Council meeting of November 8, 2005 Page
i. Planning Commission
No comment
Tree Commission
No comment
k. Standing Residential Traffic Committee
No comment
.1. Old Business
Nothing reported
K. New Business
On a motion by Councilmember Zoldos, seconded by Vice Mayor Martinez the
following motion was proposed:
RESOLUTION
2005-182
Establishing pro-rata fees for the Lower Sycolin Sewer Shed Sanitary Sewer
Conveyance System.
The motion was approved by the following vote:
Aye: Hammler, Home, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Burk had left the room)
On a motion by Councilmember Horne, seconded by Vice Mayor IVlartinez, the
following motion was proposed:
RESOLUTION
2005-183
Authorizing an agreement and approving a performance guarantee for Dulles
Greenway - Battlefield Parkway Interchange Grading Plan.
The motion was approved by the following vote:
Aye: Hammler, Horne, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 5-0-2 (Burk and Zoldos left the meeting)
On a motion by Councilmember Home, seconded by Councilmember Kramer,
the following motion was proposed:
RESOLUTION
2005-184
Adopting an amendment to the 2006 Legislative program.
The motion was approved by the following vote:
Aye: Burk, Hammler, Home, Kramer, Martinez and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Zoldos left the meeting)
Town Council meeting of November 8, 2005 Page
L. Council Comments
Councilmember Kramer thanked Council and the community for the support
for her family during their recent family illness.
Vice Mayor Martinez stated it is good to have Councilmember Kramer back
and that Jordan is recovering.
Councilmember Burk had no comment.
Councilmember Horne reported attending the Hauntings Tour and thanked
Loudoun Museum for all their hard work. She expressed disappointment that no
downtown shops were open during the tour.
She complimented the Economic Development staff for the recent installation
of the way finding signs and reported she has heard good comments about them.
She stated she is glad to hear that Jordan Kramer is feeling better and
congratulated Jim Sisley for completing the Marine Corps Marathon.
Councilmember Hammler had no comment.
M. Mayor's Comments
Mayor Umstattd thanked Chief Price for providing the emergency
preparedness training.
She stated a new hair salon, Silver Shears, has opened on Loudoun Street
next to the Oasis Spa and there is a new Moroccan shop on Liberty Street.
Manager's Comments
The Town Manager has no comments.
O. Adjournment
On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the
meeting adjourned at 9:50 p.m.
~ C. Urr~ta-ttd,
Town of Leesburg
A-I-I'EST:
//)~lerk of Council
2o05_tcmin 1108