HomeMy Public PortalAbout2005_09_12Council Work Session September 12, 2005
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Coun¢ilmembers Present: Kelly Burk, Katie Sheldon Hammler, Susan B. Horne,
Melinda Kramer, Marry Martinez, Bob Zoldos, and Mayor Umstattd.
Councilmembers Absent: None
Staff Members Present: Town Manager John Wells, Town Attorney Barbara Beach,
Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy
Leidich, Director of Economic Development Betsy Fields, Director of Engineering and
Public Works Tom Mason, Director of Planning, Zoning and Development Susan
Swift, Zoning Administrator Brian Boucher, Chief of Comprehensive Planning David
Fuller, Planner Nick Colonna, Environmental Planner Bruce Douglas, Planner Steve
McGregor, Management Specialist Tami Watkins and Deputy Clerk of Council Debi
Parry.
AGENDA ITEMS
Council Meeting of September 13, 2005:
a. Amending Article 7 to add a decibel-based noise ordinance
Mr. Boucher stated staff has addressed the concerns raised at the public
hearing regarding the air conditioner noise at the property line in the
ordinance. Further, he stated they have also recommended increasing the
commercial decibel rate to 65 decibels.
Councilmember Home expressed her appreciation for staff's efforts in
working with the business community.
Councilmember Zoldos stated he received an email from Terry Titus and
asked that staff comment on his recommendations.
b. Town Plan vote
Randy Greehan stated at the last meeting he was asked about the
possibility of changing map designations in the Town Plan. He stated his
position that it would not be possible to change map designations without
readvertising and holding an additional public hearing. Further, he stated any
text changes that fall within the scope of the map designations could be
made.
Councilmember Burk asked what the impact would be of readvertising the
Town Plan.
Mr. Greehan stated any change to the map designation would require an
additional public hearing; however, Council has a statutory obligation to act
within 90 days of receiving the plan from the Planning Commission which
would be this Thursday. Further, he recommended that the plan be sent back
to the Planning Commission if a map designation change is to be made.
Councilmember Horne stated she would like Council to reconsider the
Town Council Worksession for September 12, 2005 Page 2
request for a Regional Office designation on the Oaklawn site. Further, she
asked Ms. Betsy Fields to comment.
IVlayor Umstattd verified if the majority of Council does wish to change this
map designation an amendment to the plan could be initiated at a later date.
Ms. Fields stated given the proposed interchange with the Greenway at
that site and its visibility, Council would be making a very powerful statement
by designating this property for Regional Office. Further, she stated Regional
Office is the best designation for this property.
Ms. Swift stated changing the designation to Regional Office would allow
the developers to build less office and more retail. Further, she
recommended that Council not send the plan back to the Planning
Commission for this change but simply allow the applicant to submit a
rezoning request at the appropriate time.
There was further discussion regarding the need to change this zoning
designation.
Brian Cullen., Keane Enterprises, expressed the need for the Regional
Office designation on this parcel in Oaklawn. He stated it is not his desire to
decrease the office square footage or to increase the retail square footage.
Further, he stated the designation change from light industrial to regional
office would increase the marketability of the site and allow the Town to
attract corporate businesses.
Mayor Umstattd verified Council could amend the plan after it is adopted.
She further verified it would take approximately 6-7 months to process the
amendment.
Councilmember Zoldos asked the timeframe for delaying the Town Plan as
opposed to processing the amendment.
IVlayor Umstattd stated the timeframe would be the same.
Councilmember Zoldos stated there are a number of issues that need to
be addressed in the Town Plan.
Councilmember Home stated she would like to see if there is an
opportunity to shorten the timeline for this plan amendment.
Ms. Swift stated staff could try to expedite process.
There was further discussion regarding the timeline for this issue and the
possible need for delaying a vote on the Town Plan.
Mr. Cullen stated the six-month timeline would work for his needs.
Debbie Welsh., attorney for Mark Montgomery, addressed the need for
changing the Montgomery property designation of Community Office on
Edwards Ferry Road to Community Commercial. She stated the Community
Commercial designation would be a more compatible buffer between the
Town Council Worksession for September 12, 2005 Paqe 3
major retail and the Edwards Landing neighborhood. Further, she stated the
property is currently zoned Community Commercial.
Kimberly Welsh Cummings, Potomac Station and Clark Realty, stated
Clark Realty would like to take the remaining parcels in the Potomac Station
retail area and create a mixed use center with retail, residential and office.
She stated this would be integrated with the current retail space and would
allow for pedestrian access.
Ms. Cummings further stated they would like to have a sit-down
restaurant as part of this mixed-use center and therefore requested the
10,000 square foot cap on retail be increased to 15,000 square feet for this
use.
Eddie Byrne, KSI, suggested a revision to the Regional Office section to
state "Flexibility in the size of individual non-office uses will be considered
when major regional transportation improvements are included in a Regional
Office project."
Mr. Greehan stated if Council considers this change he would recommend
that "will" be changed to "may". Further, he expressed concern with major
regional transportation improvements as a qualifier and suggested that other
qualifiers be considered.
Terry Elvers, Keep South Leesburg Beautiful, thanked Council for involving
citizens in the Town Plan process. He asked that Council consider the 1,400
residents who signed the petition to change the designation on the Leesburg
South property to R-1.
Randy Minchew, attorney for Meadowbrook, stated in the past couple of
weeks there has been movement to find a density range that could be
acceptable to the applicant and the residents. He expressed concern that
Council may pass the Town Plan with an R-:~ designation for the Leesburg
South property when there is an opportunity to come to an agreement with
the residents. Further, he stated the advertised map showed the northern
portion of the Leesburg South property as retail.
Ann Jansen., Keep South Leesburg Beautiful, stated the residents of south
Leesburg will not change their position on the R-1 zoning for this parcel.
Mayor Umstattd stated Attachment A to the Ordinance includes the
changes Council is proposing to the Planning Commission's certified Town
Plan. Council discussed each of the proposed changes as follows:
Mayor Umstattd read items 1 thru 4 from attachment A and there were no
comments.
The following discussion took place regarding item 5:
On page LU-5, revise General Land Use objective 6 to state: "This type of
development is not appropriate in established residential areas."
Town Council Worksession for September 12, 2005 Page 4
Councilmember Burk verified this would apply to any established
residential area outside the H-1 District.
Councilmember Home asked the Planning Commission Chair to
comment on this.
Kevin Wright stated the term "mixed-use" could have any combination
of retail, office and/or residential. He stated this text change would protect
an established residential neighborhood from having a mixed-use component
dropped into it.
Councilmember Horne verified this would not effect redevelopment in
the historic core.
There were no comments on item 6 thru 12.
The following discussion took place regarding item 13:
Councilmember Horne asked why the Journey Through Hallowed
Ground project is listed three times.
Mr. Wright stated Council requested that it be listed in all three areas.
The following discussion took place regarding item 14:
Mr. Fuller stated objective 2 was deleted because the pad site issue is
addressed in the different office and commercial uses.
The following discussion took place regarding item 15:
Councilmember Zoldos asked the size of the average anchor grocery
store.
Ms. Fields stated the Potomac Station Giant is 56,000 square feet and
the Shoppers Food Warehouse and is now over 60,000 square feet.
There was further discussion regarding the Annexation Area
Development Policy Agreement.
Ms. Fields provided a list of the largest retail stores in Town including
all grocery stores. She stated the smallest is the Food Lion on South King
Street at 33,000 square feet and the largest is the Shoppers Food Warehouse
at 62,000 square feet.
Councilmember Zoldos questioned if 60,000 square feet is an
adequate cap for a grocery store.
Ms. Fields stated the retail industry is changing and what may seem
reasonable today might not be reasonable two-to-three-years from now,
Councilmember Zoldos verified Wegmans could not build in the
Northeast quadrant if the cap for grocery stores is 60,000 square feet.
Town Council Worksession for September 12, 2005 Page
Mr. Wright stated the Planning Commission wanted to limit the square
footage to 60,000 square feet because this is a community retail center, not a
regional retail center.
There was further discussion regarding the appropriate size for an
anchor grocery store in a community retail center.
The following discussion took place regarding item 16:
Councilmember Zoldos asked that Council consider Ms. Welsh's
request that this property near the Costco be designated as Community
Commercial.
Mayor Umstattd stated there was not majority support for this request
during the straw poll at the last work session. Further, she verified this
change in designation would result in a map change requiring the plan to be
sent back to the Planning Commission.
Mr, Fuller verified the property is designated as community commercial
in the :1997 Town Plan,
Vice Mayor Martinez stated he would support a community commercial
designation for this property by initiating a plan amendment after adoption of
the Town Plan.
It was the consensus of Council to support a text change for a
community commercial designation for this property.
Mr. Greehan stated that would change the designation on the map and
offered a text change for a community commercial alternative would solve the
problem,
There were no comments regarding item :17.
The following discussion took place regarding item 18:
Mayor Umstattd verified this item seeks to designate the commercial
portion of the Meadowbrook site as residential which would require a map
change.
Councilmember Zoldos expressed his support for this property
retaining the commercial designation.
There were no comments regarding items 19 and 20.
The following discussion took place regarding item 21:
Councilmember Zoldos asked how the issue of affordable housing is
handled when the lots are zoned R-1 and asked that the condition for
affordable housing be stricken from this item.
Councilmember Hammler stated it is her understanding that this is the
first step to addressing the need for affordable housing in other documents.
Town Council Worksession for September 12, 2005 Page 6
Mr. Greehan stated this gives Council flexibility to look at the provision
of affordable housing in exchange for increased density.
There were no comments regarding item 22.
The following discussion took place regarding item 23:
Councilmember Zoldos verified the Planning Commission
recommended 250,000 square feet of community commercial for Potomac
Station and 15,000 square feet for Leesburg South. He asked why the size is
different.
Mr. Wright stated the Planning Commission looked at the Leesburg
South property and felt the lower density was appropriate because of the
environmental concerns.
Mayor Umstattd verified amendments 24 and 25 would have to be
stricken for Council to vote on the plan tomorrow night.
The following discussion took place regarding item 26:
Councilmember Horne stated she had requested that language for
affordable housing be added; however, she did not specify that it should be
"for the Town's workforce". She questioned the need to be so specific and
asked that "for the Town's workforce" be stricken.
Mr. Wright recommended removing "for the Town's workforce" from
this particular objective without changing the other occurrences in the plan.
There were no comments regarding items 27 thru 28.
The following discussion took place regarding item 29:
Councilmember Horne asked why the plan is so specific regarding the
use of roundabouts? She suggested that the language be amended to say
"appropriate traffic calming measures" instead.
Mr. Wright concurred with Councilmember Horne's recommendation
stating these issues should be addressed by the Standing Residential Traffic
Committee on a case-by-case basis,
The following discussion took place regarding item 30:
Councilmember Horne asked that the word "appropriate" be added in
front of "traffic calming" in each place where this sentence appears in the
plan.
There were no comments regarding items 30 thru 35,
:~tem 36 contained various clerical changes.
Debbie Welsh suggested that a paragraph be added to page LU-11
stating, "Flexibility in the amount of retail where the land is located between
Town Council Worksession for September 12, 2005 Page
regional retail and Iow density residential areas to enhance the availability of
community retail services."
Mayor Umstattd verified that Mr. Greehan and Ms. Beach believe this
is a legal amendment.
Councilmember Burk expressed concern with use of the word
"flexibility".
It was the consensus of Council to include this amendment.
Councilmember Hammler asked if discussion would continue on Mr.
Eddie Byrne's suggested amendment to LU-20 to state, "Flexibility in the
amount and size of individual non-office uses may be considered where major
regional transportation improvements are included in a regional office
project."
Councilmember Burk expressed concern with the use of the word
"flexibility".
Ms. Swift stated this amendment leaves an open door to the land use
plan being enforced according to the market.
Ms. Fields stated there needs to be some flexibility; however, the
intent of the Town Plan is to communicate to the developers what the Council
wants for the Town.
Councilmember Zoldos and Hammler expressed their support for the
amendment.
Mr. Greehan expressed concern with the approval of this
recommendation as this would provide flexibility to the developer, not
Council. Further, he stated the provision of regional transportation
improvements is not a good qualifier in this case as you would expect anyone
to provide those improvements for a regional office use.
Tt was the consensus of Council to not include this amendment.
Councilmember Home stated Ms. Snow will provide a proposed
amendment regarding the Leegate property at the meeting tomorrow night.
Councilmember Zoldos recommended the vote be deferred.
c. Selection of Master Plan update planning alternative for the
Leesburg Executive Airport
Ms. Cindi Martin stated the Airport Commission has recommended
selection of alternative 5b. She stated this is needed to develop the final
phase of the airport.
Councilmember Zoldos thanked Ms. Martin for her efforts at the airport
and stated he will be sorry to see her go.
d, Making appointments to the Public Arts Task Force
Town Council Worksession for September 12, 2005 Page
Councilmember Burk stated she would like to recommend appointment
for all who applied.
e. Making an appointment to the Parks & Recreation Commission
Mayor Umstattd stated she will be nominating Rebecca Shields and
thanked Councilmember Hammler for her assistance.
f. Making an appointment to the Airport Commission
Councilmember Hammler stated she will be nominating Randy Morris.
For consideration and discussion:
1. Guidelines for making donations to community agencies
Mr. Mike Freda stated staff has divided the agencies into groups by type to allow
for ease in comparison. He outlined the guidelines for funding.
Vice Mayor IVlartinez expressed concern with item 5 which would limit Council to
making donations once a year.
Hr. Wells stated the donations staff is referring to would be for standard
organizations that are providing a particular service. He stated emergency donations
would be separate from that.
Councilmember Zoldos stated the Town gave away $826,000 in this fiscal year.
Councilmember Hammler asked that information be posted on the Town's
website regarding the agencies that are selected.
Mayor Umstattd asked the impact of the policy on fire and rescue.
Mr. Freda stated these guidelines relate to general operating expenses and
any donations for one-time capital costs could be above and beyond this.
2. Town participation in the 3ourney Through Hallowed Ground Xnitiative
Ms. Betsy Fields stated this initiative would to create a program where the Town
would take a leadership role in bringing together the main street communities along
this corridor. She proposed a meeting next month to create authenticity guidelines
to assist in including some of our attractions in their guidebook and to plan a full
conference in the fall of 2006. Further, she stated the estimated cost of this meeting
and two follow-up meetings would be $10,000 and the funding for the 2006
conference would be included in her budget request.
Councilmember Horne stated this is a great opportunity for the Town.
Councilmember Zoldos stated his support for the idea; however, he could not
support an expenditure of $:~0,000.
Ms. Fields stated it is their intention to establish a coalition and to rotate the
conference through the different communities. She stated she could look into
sponsorship for the conference next year; however, it would be difficult to find a
sponsor for the meeting next month.
Mayor Umstattd asked if the cost could be reduced by asking the attendees to
pay their own way.
Town Council Worksession for September 12, 2005 Page 9
Ms. Fields stated they would be required to pay for their travel and lodging.
Mayor Umstattd stated we could look at this as a kick-start to the program and
an investment.
Councilmember Burk stated this program would promote tourism and could be a
cost savings in the long run.
3. Parking Update
This item was deferred to tomorrow night.
4. Tnitiating a boundary line adjustment with Loudoun County to
incorporate 3R's Festival Lakes and Central Loudoun Little League
parcels into the corporate limits of the Town
Mr. Terry Titus, attorney for the applicant, asked Council for their support in
proceeding as quickly as possible.
Councilmember Zoldos requested that Council vote on this item tomorrow and
that utilities be extended without a boundary line adjustment.
There was further discussion regarding the need for a boundary line adjustment.
Councilmember Hammler asked if a residential proposal for this property was
included in the recent Utility Department projections.
Mr. Shoemaker stated the property was included in the flow projections with an
estimation of 300 residential units.
5. Preliminary Financial Projections
Mr. Wells outlined the financial projections for fiscal years 2005 and 2006 stating
Council could go into next year's budget work sessions with a carry over of
approximately $2.4 million. Further, he stated in looking at Fiscal Year 2007 it
appears revenues would exceed expenditures and the Town would not need carry
over funds to balance the budget.
Mr. Wells stated staff hopes to have further information in the coming months
and plans to have a dialog with Council regarding an appropriate tax rate before
presenting the proposed FY 2007 budget.
Preparation for the Joint Planning Meeting with the Loudoun County
Board of Supervisors
There was no discussion of this item.
7. Adopting a 2006 Legislative Agenda
Councilmember Burk asked when the legislative day is held.
Ms. Ard stated it will be held in February; however, the annual dinner with
the legislators will be in December.
Mayor Umstattd stated one or more legislators are preparing to submit legislation
to circumvent the recent Supreme Court decision on eminent domain.
Town Council Worksession for September :12, 2005 Page ]0
For information only:
Preview Items for September 26, 2005 work session
There
a.
was no discussion on the following items:
TLSE-2004-O019 special exception to permit multi-family
dwellings in the B-4 Zoning District as part of the Village at
Leesburg
TLSE-2004-0020, TLSE-2004-0021., TLSE-2004-0022, and TLSE-
2004-0023 special exceptions to permit private parking
structures in the B-4 District and PRC District as part of the
Village at Leesburg
TLSE-2004-0024 special exception to permit a bank with drive-
thru as part of the Village at Leesburg development
TLZM-2004-0004 Village at Leesburg request to rezone 103.01
acres from :[-1 - :[ndustrial/Research Park to B-4 - Mixed-Use
Business (38.84 acres) and PRC - Planned Residential
Community (64.1.7 acres) situated on the south side of East
Market Street opposite of River Creek Parkway and TLTA-2004-
0002 request to amend Map 6.3 "Land Use Policy" of the Town
Plan changing the land use classification of the subject
property from Business ! - Regional Office/Retail to Business
~'! - Mixed Use
Special Exception TLSE-2005-0003 Petsmart Veterinary
Hospital, to permit a 2,023 square foot veterinary hospital
within the Petsmart retail store at 51.0 E. Market Street.
New Business
Councilmember Burl( asl(ed that staff provide a report on the Dodona Manor
flag display.
Councilmember Zoldos asked that two resolutions be prepared regarding the
J.R Festival Lakes issue with one to extend utilities with a boundary line adjustment
and one to extend utilities without the boundary line adjustment.
Adjournment
On a motion by Vice Mayor Martinez, seconded by Councilmember Horne, the
meeting adjoined at :12::17 p.m.
2005_tcwsmin0912
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