HomeMy Public PortalAbout2003_02_10Council Work Session
February 10, 2003
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, Mervin .lackson, Melinda Kramer, Marty
Martinez, David Schmidt, Robert Zoldos and Mayor Umstattd.
Councilmembers Absent: None
Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly,
Deputy Town Manager Phil Rodenberg, Director of Planning, Zoning and
Development Susan Swift, Director of Engineering & Public Works Tom Mason,
Director of Utilities Randy Shoemaker, Director of Finance Paul York, Director of
Information Technology Michel Agujia, Director of Economic Development Betsy
Fields, Airport Director Doug McNeeley, Chief of Comprehensive Planning Randy
Hodgson, Zoning Administrator Brian Boucher, Traffic Engineer Calvin Grow, Tourism
Coordinator Marantha Edwards, Assistant to the Town Manager Nicole Ard,
Management Intern Adam Brown, Assistant to the Clerk Deborah Parry, and Clerk of
Council ]udy Ahalt.
AGENDA ITEMS
Bob Noe briefed Council on the elevated status of security at Town Hall.
Councilmember Zoldos asked that Council discuss the Flight Restricted Zone
at the airport, Mt. Tavistock, and the Loudoun Museum lease at the end of the
agenda.
Agenda for Council Meeting of February 11, 2003
a. Oaklawn at Stratford - Public Hearing
Susan Swift outlined the application and staff's recommendation of denial.
Brian Boucher outlined the possible future ramifications of this application
considering the vague zoning districts.
Paul Gauthier outlined the transportation issues included in this
application and the possible conflicts with the current Town Plan. He
recommended denial of this application
Councilmember Schmidt asked if the traffic generated by Evergreen Mill
Elementary School, Simpson Middle School and Heritage High School had
been considered in the traffic study
Mr. Gauthier stated they were not part of the study.
Councilmember Martinez cited additional traffic from the student drivers
going to the high school and the weekend traffic at Freedom Park,
Councilmember Buttery asked for Greenway's position on the connection
proposed by the applicant as opposed to the connection on the existing
rezoning.
Town Council Work session minutes for February 10, 2003 Paqe :2
Mr. Gauthier stated Greenway acknowledges their requirement to build
the connection as stated in the Town Plan; however, they currently do not
have the funds to build this connection and would likely favor the applicant
building the connections.
Councilmember Zoldos asked Doug McNeeley to address the possible
conflicts with the airport runway protection zone.
Doug McNeeley stated he has not been given the opportunity to fully
review the application, however, he does see conflicts with the proposed cell
towers, the bridge connection with the Greenway, and the inclusion of
residential near the runway protection zone.
Councilmember Zoldos stated the residential units that are being
considered fall in 65LDN area, which is compatible with federal standards.
Mayor Umstattd asked if the Planning Department's recommended
conditions would be adequate to mitigate the negative impact of the
increased trips per day?
Paul Gauthier stated conditional approval of the application would
mitigate the negative impact if all of the construction was done together.
Brian Cullen of Keane Enterprises, representing the applicant, outlined the
applicant's proposed use of the property and the improvements they are
willing to make.
b. Zf4-2003-03 - Church of Jesus Christ of Latter Day Saints -
Concept Plan and Proffer Amendment - Public Hearing
Randy Hodgson outlined the history of the site and stated both staff and
the Planning Commission are recommending approval.
Councilmember Schmidt asked if there would be any athletic fields
included in the site?
Mr. Hodgson stated the site is proffered to contain no athletic fields or
schools.
Pete Dolan, attorney from Walsh, Colucci representing the applicant,
stated he would like to give a brief presentation at the public hearing.
Sandy Kane, addressed Council to discuss the removal of the mountain of
dirt left behind from the construction at Tavistock Farms. She cited the
health and safety concerns of the dirt remaining at the site. Further, she
asked that Council, Mr. Noe and Mr. Mason meet with her and the Tavistock
Homeowner's Association Board.
Mayor Umstattd stated legally there was nothing the Council could do at
this time. She asked staff to amend the regulations to prevent this type of
occurrence in the future.
Further, she asked that Ms. Kane coordinate with the Councilmembers to
schedule her meeting when the majority of Council can attend.
Town Council Work session minutes for February 10, 2003 Page
c. Adopting a comprehensively revised Zoning Ordinance and
repealing the Zoning Ordinance of 1990~ as amended~ except
sections 5(:; and 740.
Brian Boucher outlined the changes proposed in the revised Zoning
Ordinance including the recommendations by citizens for a special exception
for raised parking structures in the O-1 district, special exception for certain
uses in the MC district and changes in the parking requirements for
townhouses.
Further, Mr. Boucher stated that Terry Titus has provided
12 pages of additional comments. He stated the Zoning Ordinance will be
revisited in six months to clean up anything missed and further additions
could be addressed at that time.
Mayor Umstattd asked if the amendment proposed by Randy Minchew, on
behalf of Barber & Ross, should be incorporated into this version of the
Zoning Ordinance?
Councilmember Schmidt asked if Mr. Noe's comments regarding
government entities paying the cost for processing their project applications,
and the height limitations on residential fences, to make a 7-foot fence an
exception, have been incorporated in to the Zoning Ordinance.
Mr. Boucher asked the consensus of Council on the fence issue.
It was the consensus of Council to allow 7-foot fencing and to require
government entities to pay fees for permits needed.
Councilmember Schmidt verified that the requirement for office parking
is one space per 300 square feet and asked that the language regarding the
Town Plan amendments and non-compliance be changed to "the Council may"
vs. "the Council shall".
was the consensus of Council to amend the language per
Councilmember Schmidt's suggestion.
Councilmember Zoldos verified if Barber & Ross were to make changes
to their existing facility they would be subject to the new regulations.
d. Communicating utilities and roadway requests regarding the
Shellhorn Property to the Loudoun County Board of
Supervisors.
Bob Noe recommended Council communicate the following requests on
the Shellhorn Property to the Loudoun County Board of Supervisors by
resolution: (1) that County public facilities be served by public utilities after a
boundary line adjustment or negotiated annexation agreement; (2) that the
County donate an elevated water tank site; and (3) that the County and town
discuss the proposed realignment of Crosstrail Boulevard on the property.
Councilmember $chmidt asked if the annexation committee had any
comments on this item?
Town Council Work session minutes for February :~0, 2003 Page 4
Councilmember Martinez stated his support for the staff
recommendation.
Councilmember Zoldos stated he would not support this
recommendation. He cited concerns with the proposed jail and fire training
center as well as the need for more specific information about the park.
Vice-Mayor Jackson concurred with Councilmember Zoldos.
Councilmember Buttery stated his support for the staff
recommendation, but also cited the need for more specific information
regarding the park.
Councilmember Kramer concurred with Councilmember Buttery.
Mayor Umstattd stated her support of the staff recommendation.
Councilmember Martinez stated he concurs with Councilmember
Zoldos' concerns.
Randy Shoemaker stated the Town would take a Band-Aid approach to
the water system. He stated a pumping station would be adequate to provide
water to the site, however the Town will have to pay for it.
Mr. Noe stated Council's policy not to extend utilities outside of the
Town limits without a boundary line adjustment or annexation. Further, he
stated eventually a utilities infrastructure would have to be constructed and
the County would be required to contribute funds.
Councilmember Buttery asked if the County would be responsible for
the cost of the water and sewer lines to the site?
Mr. Shoemaker stated a pro-rata fee or an agreement would be
required with the County.
e. Requesting that the Northern Virginia Transportation Commission
(NVTC) approve a $500,000 project at Edwards Ferry Road, N.E.
and the Route :L5 Bypass to be funded by the Governor's
Congestion Relief Fund.
Calvin Grow recommended Council adopt a capital project to construct an
improved free-flow right turn lane on Edwards Ferry Road, N.E., with an
acceleration lane on the Route 15 Bypass at the southwest corner of the
intersection. Further, he recommended this project be submitted to the
Northern Virginia Transportation Authority for funding.
Councilmember Martinez asked if there were any other projects
considered for this?
Mr. Grow stated there were no other projects that qualified.
It was the consensus of Council to support this item.
Town Council Work session minutes for February 10, 2003 Page
f. ;Initiating amendments to the Leesburg Zoning Ordinance and
Zoning District Map regarding the Floodplain Protection District
and Creek Valley Buffers District and repealing the F-1 Floodplain
District and the Flood Hazard District of the Zoning Ordinance of
1990, as amended.
Brian Boucher recommended Council initiate Zoning Ordinance text
amendments to (1) establish a Creek Valley Buffers District; (2) a Floodplain
Protection District; (3) repeal section 5C and Section 740; (4) amend the
Official Zoning Map to include appropriate properties in the Creek Valley
Buffers District; and (5) amend the Official Zoning Map to remove the F-1
Floodplain and rezone the affected properties to an appropriate base zoning
district.
Mayor Umstattd stated Vice-lVlayor Jackson has filed a disclosure
statement regarding his property in the floodplain and would participate in the
discussion and vote on the item.
2. Update on Route 15 Kousa Dogwoods.
Lee Phillips outlined the history of the Kousa Dogwoods and the subsequent
death of almost half of the trees. He stated staff supports the Tree
Commission recommendation to concentrate the majority of replacement trees on
the bypass to the interchange islands and the use of a mixture of tree species.
Max Peterson, Tree Commissioner, stated this project began as a good civic
idea, however the planting conditions were not good and the siting of the trees was
not conducive to dogwoods. He suggested planting different species of trees.
Ben Lawrence, stated he is upset by the latest recommendation of the Tree
Commission. He stated he worked on this project for two years and was assured
the Town Arborist and the Council supported this project. Further, he stated the
trees have not survived because the Town has failed to properly care for them.
3. Lawn establishment fee.
Adam Brown explained the process behind the lawn establishment fee and
recommended the discontinuance of the fee and an adjustment of the sewer charge
for single-family homes until winter quarter metered water consumption is
established. Further, he recommended the change not to be retroactive.
Councilmember Schmidt stated there is no urgent need to change this policy.
Councilmember Zoldos stated he concurs with staff's recommendation.
Further, other jurisdictions are using this same methodology.
4. Visitor destination (Trail Blazing) signage.
Betsy Fields stated this was an interim solution until the recommendations of
the way-finding study can be implemented. She outlined staff's recommended
changes as follows: (1) remove seven of the "Tourist ~[nformation Center" signs, (2)
add a "Next Light" sign to the "Tourist ]:nformation Center" sign on East Market St.
across from Sycolin Road, (3) move two existing "Tourist ]:nformation Center" signs
on Catoctin Circle at the Loudoun Convention and Visitor's Association's building to
provide clearer indication of parking lot entrances; (4) remove four of the "Dodona
Manor" directional signs in order to reduce sign clutter and make room for "Historic
District" signs; (5) add one "Historic District" sign on the Route 15 bypass
Town Council Work session minutes for February 10, 2003 Page 6
southbound at Edwards Ferry Road, indicating a right turn; (6) move one "Historic
District" sign on East Market Street from Southern Financial Bank to just inside the
bypass; (7) coordinate with the Virginia Department of Transportation on the
replacement of one and the purchase and installation of four new "Historic District"
signs to be located on State Route 7, U.S. Route 15 and the Bypass; and (8)
coordinate with the Dulles Greenway on the purchase and installation of one new
"Historic District" sign on the Greenway before Exit :LA.
Councilmembers Schmidt Martinez and Zoldos all commented that this is a
good interim solution,
Bob Primack urged Council to reject this report. He stated this proposal only
legitimizes sign clutter and misdirection. Further, he stated the Loudoun Convention
and Visitor's Association signs should not state" Tourist Tnformation".
Cheryl Kilday, Loudoun Convention and Visitor's Association, stated signage to
the visitor center continues to be an ongoing project. She stated she has spoken
with staff and feels the way-finding system will help with a solution and partnership
with the signage issue.
Councilmember Zoldos commented on the need for a Town of Leesburg
Visitor Center and stated there should be a large map of the Town displayed in the
front lobby of the Loudoun Convention and Visitor's Center.
5. Audit Services Contract Renewal.
Paul York stated staff recommends renewing the audit services contract with
PBGA, LLC for the fiscal year ending June 30, 2003.
Councilmember Zoldos stated his support for renewing the audit services
contract and asked Council to consider establishing a Citizen's Audit Committee to
provide additional input.
6. Authorizing a contract amendment with Black and Veatch Engineers
for the Kenneth B. Rollins Water Filtration Plan Project.
Randy Shoemaker recommended approval of an amendment to the Black &
Veatch Engineering Services Contract, in the amount of $357,200.00 for additional
engineering services resulting from an extended construction period.
There was no discussion of this item.
7. Emergency water service agreement between the Town and Loudoun
County Sanitation Authority.
Randy Shoemaker stated the interconnection would soon be accepted into
The town's inventory and activated, thereby requiring a use agreement to be
established between the two jurisdictions. Further, an agreement has been prepared
between the parties and reviewed by staff and the Town Attorney.
He further stated the agreement establishes the reimbursement and use
guidelines for activating this emergency water connection.
There was no discussion of this item.
~-- 8. Virginia 2007 Community Program Participation.
Town Council Work session minutes for February 10, 2003 Page ?
Phil Rodenberg stated participation in the Virginia 2007 Community Program
would assist the Town in becoming well positioned to commemorate it's own
individual history for our 250th anniversary celebration in 2008.
He further recommended Council appoint a committee and chairman to
oversee these efforts.
It was the consensus of Council to bring forward a resolution to approve
participation in the program at tomorrow's meeting.
Councilmember Zoldos expressed his support for the project and stated he
would be willing to serve on the committee
Councilmember Buttery stated the Balch Library should be involved.
General Assembly Legislation.
There was no legislation to discuss.
:LO.
Preview Ttems for February 24~ 2003 Worksession
None
New Business
a. Flight Restricted Zone
Councilmember Zoldos outlined the flight-restricted zone as just
outlined by the FAA to prevent unknown aircraft from flying in the airspace
around Dulles Airport.
Doug McNeeley stated the pilots in and out of Leesburg Executive
Airport are now required to do three things, (1) have a flight plan; (2) be in
constant contact with air traffic control; and (3) to broadcast a certain
number on their transponder so that they can be identified. However there
has been no change to the type of flights allowed in and out of the airport.
He further stated the effects on the airport remain to be seen.
b. Mt. Tavistock
Councilmember Zoldos stated this is an eyesore and nuisance to the
residents of Tavistock. He asked Mr. Noe to establish a meeting between the
Council and the HOA to discuss eliminating this eyesore. Also, he suggested
restricting the developer from receiving any further permits until the dirt pile
is removed.
Brian Boucher stated he met with the developer and they agreed to
lower the pile by 40 feet. He further stated the developer was informed that
the site plan for the condominiums in the commercial area would not be
approved until this is done and inspected by the Zoning Office.
Bill Donnelly stated this is a violation of the proffer concept plan and
should be given a zoning violation notice, which should be enforced.
Councilmember Buttery verified there are no bonds being held on this
parcel. Further, he suggested enacting an ordinance to deal with these types
of issues.
Town Council Work session minutes for February 10, 2003 Paqe 8
Bill Donnelly stated if the developer is given a notice of violation the
Town could get a warrant issued for a misdemeanor and prosecute him for a
zoning violation. Further, Council also has the authority to seek an
injunction, although that is rarely done.
Further, Mr. Donnelly stated the developer needs to put lime and other
soil additives into the dirt in order to be able to use it for fill. This would
require a permit from the County. The developer has told Mr. Mason they
expect to get the permit some time next week. Mr. Donnelly suggested
waiting until the permit is received before sending the violation.
Councilmember Zoldos asked that the affected Home Owner's Associations
be briefed on the action that Council has discussed tonight.
c. Freedom Park Dedication
It was the consensus of Council to schedule the dedication ceremony
for April 5th.
Loudoun I~luseum Lease
Councilmember Zoldos asked if the lease had been tightened up?
Bill Donnelly expressed concern with key staff and board members
leaving the museum. He stated he was directed by Council to draft a 40-year
lease with various milestones. If those milestones are not met, the lease
could be terminated. He recommended setting additional milestones because
of the lack of stability in the leadership of the museum.
Councilmember Zoldos asked that the additional milestones be
presented to Council at the next worksession.
The meeting adjourned at 12:15 a.m., Wednesday, February 12, 2003.
2003_tcwsminO210.doc
C~erk of Council