HomeMy Public PortalAbout2004_04_12Council Work Session
April 12, 2004
Council Chambers, 25 West Market Street, 7:30 p.m. MayorUmstattd presiding.
Councilmembers Present: Frank Buttery, Mervin Jackson, Melinda Kramer, Marty
Martinez, David Schmidt, and Mayor Umstattd.
Councilmembers Absent: Robert Zoldos
Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly,
Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy
Leidich, Director of Engineering and Public Works Tom Mason, Director of Planning,
Zoning and Development Susan Swift, Zoning Administrator Brian Boucher, Budget
and Management Officer Mike Freda, [nterim Airport Director Cindi Martin, Capital
Project Administrator Nagi Elsewaissi, Deputy Zoning Administrator Kevin Lawlor and
Clerk of Council Judy Ahalt.
AGENDA ITEMS
Town Manager Bob Noe stated Council would need to designate three
members to serve on a Joint Town/County Committee for discussion of the benefits
and impacts of the proposed Western Transportation Corridor alignment.
Councilmember Martinez added that he would like to discuss the Paxton
property under new business.
Council recognized Hub Turner and Ann .]ones who asked Council to discuss
stop sign issues on Meade Drive and speeding on Bradfield Drive at the next Council
worksession on April 26. Mr. Turner stated Virginia Beach and Norfolk, Virginia use
motion sensors to detect speeding.
Mayor Umstattd asked the Police Department to look into whether they had
the authority to install motion sensors to determine whether someone is speeding.
Vice Mayor Jackson stated the Smart Trailer and Stealth camera have been
used in Greenway Farms.
Agenda for Council Meeting of April 13, 2004
a. Proposed Budget for Fiscal Year July, 2004 - June 30~ 2005
Budget and Management Officer Mike Freda stated he would not be
making a presentation tonight; however, he would be glad to answer any
questions Council may have.
There were no Council comments.
b. Proposed Real Property Tax Increase
Budget and Management Officer Mike Freda stated he would not be
making a presentation tonight; however, he would be glad to answer any
questions Council may have.
There were no Council comments.
Town Council Work Session minutes for April 12, 2004 Paqe 2
c. Authorizing Lease Supplement #6, FAA Automated Flight Service
Station, Leesburg Executive Airport
Interim Airport Director Cindi IVlartin stated this item is presented in
conjunction with the construction contract award for the HVAC system
renewal at the FAA Automated Flight Service Station. She stated this is a
bare lease rate reduction of $1.21 per square foot per year and is effective as
of October 1, 2004.
Councilmember Martinez verified the earlier lease rate was $4.75.
d. Amending the Airport Fund in the amount of $25,000 and
awarding a construction contract for HVAC System renewal at the
FAA Automated Flight Service Station, Leesburg Executive Airport
to Welch & Rushe, ]:nc. for a lump sum amount of $268,000.
Capital Projects Manager Nagi Elsewaissi recommended Council award
this construction contract to Welch & Rushe, [nc.
There were no Council comments.
2. 3erry's Ford Special Exception filing requirement
Town Attorney Bill Donnelly stated Bob Sevila is asking Council to overrule a
decision by staff not to waive the requirement that a traffic study be submitted with
the special exception application for Jerry's Ford to park cars off site.
He stated the proper procedure would be an appeal of staff's decision to the
BZA and it would be a bad precedent to bypass them. Mr. Donnelly added that in
order to bypass the Board of Zoning Appeals, Council would have to amend the
Zoning Ordinance.
Councilmember Schmidt expressed concern as to whether staff communicated
the process to Mr. Sevila or Jerry's Ford.
Susan Swift stated she has met with Hr. Sevila on this issue and thought that
he understood that his client had to provide a traffic study.
Bob Noe stated he has communicated with Mr. Sevila and staff on this issue.
He stated that it was understood that the scope of the traffic study would be
reduced.
Councilmember Buttery also questioned the legality of bypassing the Board of
Zoning Appeals.
Councilmember Kramer reserved comments.
Mayor Umstattd stated the applicant feels that a traffic study is excessive as
the applicant would only move about five motor vehicles per day. She asked if staff
is looking at a smaller scope of study?
Mr. Noe stated the study should not just consider what traffic would be
generated today, but future traffic impact.
The Mayor asked whether a minimal impact warrants a waiving of the traffic
study for a special exception?
Town Council Work Session minutes for April 12, 2004 Paqe 3
Susan Swift commented that a traffic study is waived in few instances. The
Zoning Ordinance has no conditions for waiving, it only says the Land Development
Official can waive the study. She added that the office building on Catoctin Circle was
granted a waiver.
Mayor Umstattd stated if there is a need of criteria for waiving the study,
perhaps Council should consider amending the ordinance.
Ms. Swift suggested looking at criteria during the annual zoning ordinance
update. She added that waivers should be applied to all applicants.
The Mayor stated that specific cases are what bring problems with the code to
our attention.
Ms. Swift stated there are several other applicants in the area of the Ford
dealership and perhaps a joint study could be done.
The Mayor asked if the applicant understood they could reduce the scope of
the study?
Ms. Swift stated the estimated dollar amount of the study was determined by
the applicant's consultant.
Tom Mason emphasized the need for the traffic study adding there is no basis
to waive the study, and the scope is fairly limited.
Ms. Swift stated limited information has been provided by the applicant.
Brian Boucher stated the ordinance states you have to follow the [TE manual.
He added the applicant has only submitted a statement saying they will be moving
five cars per day, which does not meet the minimum requirements under the
ordinance. Further, the scope of the study has been discussed with the applicant.
Bob Sevila stated he did not see Mr. Donnelly's email regarding the Jerry's
Ford special exception and is not here to appeal the decision not to waive the study.
He stated the Zoning Ordinance is being consistently interpreted incorrectly.
Further, Section 3.4.7 of the Zoning Ordinance states submittal requirements can be
waived by the Land Development Official.
Mr. Sevila stated there is a request from an existing tenant at the southwest
corner of Cardinal Park Drive for expanding a storage area by 2,000 square feet.
Even though this would not generate any traffic, they would under the Zoning
Ordinance be required to provide a traffic study. He added this request and Jerry's
Ford illustrate a need for interpretation of the code.
He cited the special exception process as outlined in the Zoning Ordinance
provides, "the Town Council with the opportunity to exercise discretionary powers in
considering the establishment of certain uses that, due to their nature, design or
location, may have the potential for adverse impacts on adjacent land uses and/or
the health, safety or welfare of the community."
Town Council Work Session minutes for April 12, 2004 Pa.qe 4
Further, Mr. Sevila stated the state code allows localities to include provisions
in their Zoning Ordinance as to the following matters for the granting of a special
exception under suitable regulations and safeguards. He added that the process
should be limited to what conditions may be appropriate to mitigate impact. A traffic
study will not benefit a single condition in this application. Further, he stated the
traffic study is a needless expenditure of funds and asked Council's assistance in the
interpretation of the Zoning Ordinance.
Councilmember Buttery stated this is an interesting issue and he is always
interested in bettering code provisions.
Brian Boucher stated other jurisdictions require traffic studies. The applicant's
letter does not meet the terms of a traffic study and therefore does not meet the
ordinance. Further, they are willing to work with the applicant and the traffic
engineer to resolve the issue.
Councilmember Buttery stated the importance of consistency in
interpretations.
Mr. Sevila stated Loudoun County's procedure requires a letter and some
evidence of traffic impact and they will review before they request a waiver.
Presently, the county requires meeting with the county traffic engineering to discuss
scope of matters that will be studied. He stated there is no ITE standard for a
vehicle storage lot.
Brian Boucher stated staff has met with the applicant on scope of the study
and the disagreement is the threshold of the study requirements. He added staff
would return to Council with information regarding the special exception process in
other jurisdictions.
Mayor Umstattd stated it is unreasonable that 5-20 vehicles per day would
warrant a traffic study. Legally, as Council has no authority to accept an appeal from
applicant the code should be amended.
Mr. Sevila agreed an appeal would need to be made to the Board of Zoning
Appeals.
Susan Swift stated the appeal would go to the Board of Zoning Appeals, which
is set up to diffuse situations and to look at them as an independent body not a
political body. She stated the requirement has been overly simplified and asked for
the engineer to look at the impact of these trips to year 2020. Further, she stated
staff is already giving the applicant a break by looking at the projected use when
staff should look at the worse case scenario.
The Mayor suggested that Mr. Sevila submit proposed amending language for
the zoning ordinance.
3. Town/State agreement for the free flow right turn lane from
eastbound Edwards Ferry Road onto Southbound Route 15 Bypass
Nagi Elsewaissi presented this recommendation of approval for a Town/State
Agreement with the Virginia Department of Transportation (VDOT) for administration
and management by the town of the design and construction of the free flow right
turn lane from eastbound Edwards Ferry Road onto southbound Route 15 bypass.
Town Council Work Session minutes for April 12, 2004 Pa.qe $
He added funding for this project is provided primarily by the Governor's
Congestion Relief Fund with the remaining $80,000 from town proffer monies.
Councilmember Buttery asked for a further update on the connection of
Battlefield Parkway between Edwards Ferry Road and Fort Evans Road.
Tom Mason stated staff has met with the ~[PCO property owners who plan to
develop their site and Rehau has reserved the right-of-way. The other property
owner is Uniwest.
4, Window Sign Regulations
Mayor Umstattd stated several businesses in the Historic District have in the
last year put decorations or signs on the inside of their windows without a sign
permit. She asked staff to respond regarding the merits of amending the sign
ordinance to permit permanent window signs by-right throughout Leesburg without
any sign permit requirement or Board of Architectural Review input in the H-1 Old
and Historic Overlay District.
Brian Boucher stated Historic District signs permits are approved by the Board
of Architectural Review and the permits are issued by the Zoning Administrator.
Further, any sign visible from the public right-of-way requires a sign permit.
Temporary signs may be erected in 25% of the window space for a maximum of four
weeks.
Mr. Boucher stated he does not believe an ordinance amendment is
warranted, but would suggest better educating citizens of the process of putting up
signs in the historic district.
Councilmember Schmidt agreed stating we should not lower our sign
standards as precedents could be set.
Vice Mayor Jackson verified that a few neon signs have been grandfathered in
Leesburg.
Councilmember Buttery stated he agrees with better education of business
owners and commented citizens appreciate the town's requirements when they see
other locations.
Councilmember Kramer added she agrees with having a written package of
information to new business owners.
Mr. Boucher stated staff is working on compliances with reference to banners.
Kevin Lawlor added the 1986 Zoning Ordinance allowed for an exemption of
any sign located one foot or more from the window.
5. Possibility of the National Christmas Tree passing through the Town
of Leesburg Celebration
Kathleen Leidich stated the nation's Capitol Holiday tree would be selected
from the Commonwealth of Virginia this year. Leesburg is on the proposed route of
the tree to the Capitol. She stated if Council decides to participate in the celebration,
the town would have the responsibility of all aspects of the celebration.
Town Council Work Session minutes for April 12, 2004 Paqe 6
]:t was the consensus of Council to host a Capitol Holiday Tree celebration
stop.
5.a. 3oint Town/County Committee to discuss the benefits and impact of
the proposed Western Transportation Corridor alignment.
Mayor Umstattd stated the Loudoun County Board of Supervisors have
proposed a joint committee with three members from each board to discuss the
WTC.
Vice-Mayor Jackson, Councilmembers Schmidt, Martinez and Buttery stated
they would be willing to serve on the committee.
Mayor Umstattd stated that Vice-Mayor Jackson and Councilmembers
Martinez and Schmidt would represent the town.
5.b. Paxton Home
Councilmember Martinez discussed the closing of the Paxton Daycare Center
and the implications of sale of the property. He talked about the history of the house
on the property, stating it was listed on the National Register of Historic Places in the
1970's.
He stated a group of neighbors adjacent to the Paxton property propose an H-
Overlay of the site. He asked that staff provide an analysis of this proposal.
Mayor Umstattd asked that staff provide a report for the next worksession.
Councilmember Martinez stated there is a sense of urgency to communicate
with the trustees of the property.
Mayor Umstattd stated she has spoken with Loudoun Country Day School and
Shenandoah University regarding the Paxton property.
Bill Donnelly stated a non-contiguous H-1 Overlay District could be created.
This process would require a zoning ordinance amendment and remapping, as well
as a Comprehensive Plan Amendment. He stated that even though the property is in
the H-1 District it could still be torn down. Additionally, there would be a one-year
cooling off period before any changes to the property could occur.
Councilmember Kramer stated perhaps the trustees could find a financial
alternative to selling the property.
Susan Swift stated other options/designations could be considered.
The Mayor stated even if Council initiated an amendment to the Zoning
Ordinance, Zoning Map, and comprehensive plan, it would not affect the June closing
of Paxton.
Mr. Donnelly said that Council could expedite the process, but it would still
take two-three months.
The Mayor asked staff to research the options for the property and provide a
draft resolution to initiate an amendment to the Zoning Ordinance.
Town Council Work Session minutes for April 12, 2004 Paqe 7
5.c. Mozart Academy
Hike Freda stated staff is recommending against the use of Uran Trust funds
for Ida Lee room rental fees requested by the Little Mozart Academy.
Vice Hayor Jackson stated one of the main issues is that the Hozart Academy
wants to leave their musical equipment at Ida Lee for several days.
Hayor Umstattd stated Mrs. Huggins believes the Little Mozart Academy is a
non-profit organization.
Hr. Donnelly stated they do not meet the criteria for a charitable non-profit
organization and thereby are not eligible for a town donation.
Hike Freda stated the requested use does not fall under the list of intended
uses outlined by Hr. Uran.
Councilmember Hartinez stated he would like the town to find another facility
for them to use.
Hayor Umstattd stated a fee waiver is not an option.
Bill Donnelly stated a fee waiver is prohibited by state code to charitable
organizations; however, Council could adopt an ordinance that would base fees upon
the actual cost to the town.
Councilmember Schmidt stated Hr. Uran sent a check designated for the
children of Leesburg.
Mr. Freda stated the check was designated for the underprivileged children of
Leesburg, and could not be used in this case since the group is for-profit.
Councilmember Hartinez stated he would like to accommodate this group if
possible.
Councilmembers Buttery and Kramer concurred.
Hayor Umstattd asked what type of documentation would be required to
prove the non-profit status of a group?
Hr. Donnelly stated non-profit organizations are given a letter from the IRS.
He stated if the academy can provide documentation regarding scholarships, he
would be willing to check the databases to see if that would qualify them for non-
profit status.
Preview items for April 26, 2004 work session
a. SE-2002-12 - KFC/Long 3ohn Silver - 911 Edwards Ferry Road
NE - Public Hearing
Councilmember $chmidt requested that information regarding current
and projected traffic counts be presented during the public hearing.
Hayor Umstattd stated the applicant is working on revising the
architectural design. She asked if that would be presented at the public
hearing?
Town Council Work Session minutes for April 12, 2004 Paqe $
Mark Nelis, representative for the applicant, stated KFC of America
would like to have their structure as easily recognizable as the Sheetz next
door, but understands the need to make adjustments to their structure and
advertising to better fit into the Town of Leesburg. He stated the corporation
is looking into the Planning Commission's request for changes to the
architecture and hopes that Council will establish conditions for changes
incorporated into their approval for the project.
Mayor Umstattd verified staff has copies of two pictures showing more
attractive KFC locations. She asked that staff provide Council with copies of
these pictures so they can better formulate suggestions for architectural
improvements should the application be approved.
Authorizing the terminal lease agreements by and between
tenant and the Town of Leesburg for the Leesburg Executive
Airport
There were no Council comments on this item.
Proposed parking study implementation plan
There were no Council comments on this item.
On a motion by Vice Mayor Jackson, seconded by Councilmember
Buttery, the meeting was adjourned at 9:25 p.m.
~,~b~-rk of Council
J :Clerk/Minutes/2004_tcwsmin0412.doc