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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