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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 /~:faith W. Ahalt ~ /