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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