HomeMy Public PortalAbout2005_09_26Council Work Session
September 26, 2005
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Susan B. Horne, Melinda Kramer, Marty
Martinez, Bob Zoldos, and Mayor Umstattd.
Councilmembers Absent: Kathryn Sheldon Hammler
Staff Members Present: Town Manager .lohn Wells, Town Attorney Barbara Beach,
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, Capital Projects Management Director Nagi
Elsewaissi, Zoning Administrator Brian Boucher, Management and Budget Officer
Mike Freda, Planner Chris Murphy, Planner Wade Burkholder, Traffic Engineer Calvin
Grow, Management Specialist Tami Watkins and Clerk of Council .ludy Ahalt.
AGENDA ITEMS
8:30 p.m. Closed Session - Power Lines
Council I~leeting of September 27, 2005:
a. TLSE-2004-0019 special exception to permit multi-family
dwellings in the B-4 Zoning District as part of the Village at
Leesburg - public hearing
b. 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 - public hearing
c. TLSE-2004-0024 special exception to permit a bank with drive-
thru as part of the Village at Leesburg development - public
hearing
d. TLZM-2004-0004 Village at Leesburg request to rezone 103.01
acres from T-1 - Tndustrial/Research Park to B-4 - Mixed-Use
Business (38.84 acres) and PRC - Planned Residential Community
(64.17 acres) situated on the south side of East Market Street
opposite of River Creek Parkway and TLTA-2004-0002 request to
amend Town Plan Land Use Policy Map designation from Business
[ to Business 1[ for the Village at Leesburg - public hearing
Chris Murphy asked Council what order they would like to be briefed on
these applications, it was the consensus of Council to start with the rezoning
and Town Plan Policy Map amendment.
Councilmember Burk stated she had received a binder from KS! at her
home and questioned whether there are substantial revisions that would
require them returning to the Planning Commission.
Town Attorney Barbara Beach stated major revisions should return to the
Planning Commission; however, she has not been able to review the
revisions.
Town Council Worksession for September 26, 2005 Page 2
Mike Banzhaf, attorney for the applicant, stated the latest revisions are a
response to comments raised by the Planning Commission and the applicant
should not have to go back to the Commission. He added they are not asking
for more and the proffers are generally presented at the public hearing before
the Planning Commission.
Ms. Beach stated she is used to proffers being signed by the applicant
prior to the Planning Commission. She added she has not had the
opportunity to review the proffers from a legal standpoint and staff has not
had the opportunity to review them for a recommendation.
Councilmember Zoldos asked Mr. Banzhaf if he had been afforded the
opportunity to discuss with staff the changes in September letter.
Mr. Banzhaf stated they have only been given the opportunity to respond
to staff comments, but would like to have been able to sit down with staff to
work out the issues.
Randy Greehan, special counsel for the town, stated the latest revisions
go beyond what staff has asked, adding substantial changes have been made
since review by the Planning Commission.
Mayor Umstattd asked for clarification as to whether it is illegal for Council
to go forward with this public hearing.
Ms. Beach stated her unwillingness to say Council should not go forward
and asked Mr. Greehan's opinion.
Mr. Greehan stated that many changes to this application were not to
address staff and Planning Commission comments and is not consistent with
what went to the Planning Commission.
Mr. Banzhaf suggested a meeting with the Town Attorney and Mr.
Greehan to resolve the issues adding the changes to the application were
made to be less intense.
Mayor Umstattd stated Council should go forward unless directed
otherwise by counsel.
Ms. Beach stated her concern that citizens have an access to due process
and be able to testify on matters that come before Council.
]:t was decided that all involved parties would meet tomorrow to determine
if it is appropriate to go forward with the public hearing at tomorrow night's
meeting.
Chris Murphy continued with his review of the eight applications for Village
at Leesburg as follows: (:~) TLTA-2004-0002 Town Plan Amendment, Business
T to Business :[]:; (2) TLZM-2004-0005 Rezoning, from ]:-1 to B-4 and PRC; (3)
TLSE-2004-19 - Multi-family in the B-4; (4) TLSE-2004-0020 - Private
Parking Structure, Deck A; (5) TLSE-2004-0021 - Private Parking Structure,
Deck B; (6) TLSE-2004-0022 - Private Parking Structure, Deck C; (7) TLSE-
Town Council Worksession for September 26, 2005 Page 3
2004-0023 - Private Parking Structure, Deck D; and (8) TLSE-2004-0024 -
Bank with a Drive-Through.
Mr. Murphy stated staff is recommending denial of TLTA-2004-0002 and
TLZM-2004-0005 for the reasons discussed in the September 27, 2005 staff
report.
He listed the following critical failures of this application as follows:
(1) failure to provide clear, enforceable proffers and adequate phasing of
roadway improvements; (2) the proposed big box retail is not appropriate for
the location and may set a precedent for additional big box retail along this
office corridor; (3) all non-residential buildings could be 70 ft. tall; (4) the
proposed interchange does not include adequate noise mitigation for the
abutting residences; (5) the proposed interchange eliminates access for two
properties; (6) the interchange design does not include landscaping or trees;
(7) the east half of the property is left as by-right I-:l zoning; (8) many
residential units are poorly located; (9) buildings and site improvements are
located in the floodplain; and (10) the application proffers a multi-million
dollar interchange to VDOT but costs to the Town are significant, including
potential AADP fees to the County, school capital costs, park maintenance,
construction and maintenance of the Tuscarora Creek trail and staff time to
enforce senior age limits.
Vice Mayor Martinez asked for more information on the school proffer
concerning capital costs.
Mr. Murphy stated the applicant's proposal does not match the numbers
used in the recently adopted capital costs.
Vice Mayor Martinez asked for more information on the impact of number
10 and :~1. Also clarification on number 15 and how the planned residential
district fails to provide the 200 acre minimum and compliance with the
AADP's.
Councilmember Burk expressed concerns about the process and the last
minute changes.
Councilmember Home stated her concern about fairness to the applicant
giving the public the opportunity to speak. She asked for clarification on the
AADP's issues with regard to the capital facilities requirement.
Councilmember Zoldos stated all the emails he received are positive for
this development and will provide an excellent opportunity for road
improvements. He added the applicant is only responding to staff
comments and he believes a mixed use environment is good for this location.
Vice Mayor Martinez stated conceptually he likes this plan. However, he
is not convinced the best plan has been worked out regarding the access
issues. He verified this is the seventh iteration of this application.
Mr. Banzhaf gave a brief overview of the different iterations of this
application.
Town Council Worksession for September 26, 2005 Page 4
Susan Swift stated after the fourth submission by the applicant, staff was
not getting a higher level of compliance from them. She added the proffer
versions were completely different.
Further, she stated an explanation of the AADP issue in staff report
restated staff's concern that the proffer could potentially cost the town $2
million.
There was further discussion regarding the process followed for this
application.
Brian Boucher stated the difficulty of staff to give the needed lengthy
review of complicated proffers. He stated if the public hearing goes forward
tomorrow night it will be without a review of the current version of the
proffers.
Councilmember Burk stated a public hearing tomorrow night would not be
on the most current revision.
Councilmember Kramer stated the issue is what is good for the citizens of
the Town and the fact that this application is a bigger issue than whether we
have a Wegmans.
Susan Swift added staff is working with the Planning Commission to
tighten the processes and procedures.
Mayor Umstattd stated we do not have an unfair process. She added that
most of the emails coming in for support of a Wegmans were not from town
residents.
She reiterated the importance of staff having ample time to analyze the
changes and report back to Council before a vote.
3ohn Wells added staff will only have six days to review the changes
before the agenda deadline.
Ms. Beach reported staff, attorneys and the applicant will meet at :[0:00
a.m. tomorrow morning regarding this application.
e. Special Exception TLSE-2005-003 Petsmart Veterinary Hospital, to
permit a 2,023 square foot veterinary hospital within the Petsmart
retail store at 510 E. Market Street - public hearing
Wade Burkholder outlined this special exception application for a
veterinary hospital.
Councilmember Kramer verified there are nine other veterinary hospitals
in Leesburg.
There was no further discussion on this application.
Approving a supplemental appropriation of $56,000 for a
community development block grant to allow design and
construction of countdown pedestrian traffic signals at Fort Evans
Town Council Worksession for September 26, 2005 Paqe 5
Rd. and Potomac Station Dr., Edwards Ferry Rd., and Shenandoah
Square, Edwards Ferry Rd. and Heritage Way, East Market St. and
Fort Evans Rd., and East Market St. and Plaza St. in Leesburg.
Tami Watkins explained the Town has applied for and received a CDBG
Grant in the amount of $56,000 for construction of several countdown
pedestrian traffic signals. She stated the Town has to spend the funds to
receive the funding, therefore, staff requests an appropriation of the funds to
the Public Works, Street Program budget.
Council thanked Ms. Watkins for the good job.
g. Authorizing the donation of two surplus police vehicles to the
State of Mississippi in support of relief efforts for the victims of
Hurricane Katrina
~lohn Wells reported the Mississippi Attorney General's Office has
requested assistance from Virginia's local and state law enforcement agencies
for vehicle and equipment donations.
He stated two (1996) Chevrolet Caprice police vehicles have recently
been taken out of service and will be signed over to the Attorney General's
Office of Mississippi for assignment to agencies that need them.
Councilmember Horne thanked staff for the rapid response.
The Mayor stated she is pleased with how Town staff and the Police
Department have responded to this request.
h. Approving guidelines for making donations to community agencies
Mike Freda provided Council a history of funding provided for Fire and
Rescue Donations for FY1996 - 2006.
Councilmember Burk clarified the guidelines set forth in the memo are just
guidelines and exceptions can be made.
Councilmembers Horne and Zoldos thanked Mr. Freda for his hard work.
i. Adopting a legislative agenda
Nicole Ard stated once again this year the focus is on transportation
improvements. She stated proposed changes include a request to support
the Town's application to the Department of Transportation's new local
partnership fund approved by the 2005 General Assembly. This would
address needed improvements to Sycolin Road,
Other requests include support for the Town's second TEA-21 grant
application for design of a pedestrian bridge at the crossing of Rt. 15 Bypass
near Edwards Ferry Road, asking the Northern Virginia Cigarette Tax Board to
continue to collect the tax for Leesburg; bus rapid transit; a potential charter
change to allow Leesburg more input into design of redevelopment projects;
and reauthorizing local government use of automated cameras to help
photograph motorists who run red traffic signals (photo red light).
Mayor Umstattd requested adding limiting eminent domain.
Town Council Worksession for September 26, 2005 Page 6
Councilmember Kramer stated her support for red light cameras and
agreed with the Mayor on eminent domain.
Vice Mayor Martinez suggested language to support localities to keep the
ability to obtain cable franchises.
Councilmember Burk suggested language that would allow local authority
to ask for additional tree preservation during the development process.
Councilmember Horne stated Number One - Fund Roads to Alleviate
Regional Roadway Congestion - will greatly impact Leesburg. She stated the
need for more information on Number Six - Enhance Redevelopment
Opportunities; and how Number Nine - Share income Tax Revenues with
Localities including Towns - would benefit Leesburg by abandoning the
current formula based on the triennial school.
Councilmember Zoldos stated his support for eminent domain adding
there are different proposals by VML/VACO and the development community.
Mayor Umstattd asked for copies of any language proposed by our
delegates and Loudoun County.
Ms. Ard stated eminent domain is usually referenced in terms of blight.
Councilmember Kramer suggested surveying other states in reference to
preservation of trees and the development process.
CLOSED SESSION TO DTSCUSS POWER LINES
On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the
following motion was proposed:
Pursuant to Section 2.2-37:~(A)(7) of the Code of Virginia, ! move that the
Leesburg Town Council convene in a closed meeting to consider a legal matter
pertaining to the proposed Dominion Virginia Power transmission lines.
The motion to convene in closed session was approved by the following vote:
Aye: Burk, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 6-0-:~ (Hammler absent)
The closed session was convened at 8::L2 p.m.
On a motion by Mayor Umstattd, seconded by Vice Mayor Martinez, the
following certifying motion was proposed:
In accordance with Section 2.2-3712(D) of the Code of Virginia, I move that
Council certify that to the best of each member's knowledge, only public business
matters lawfully exempted from open meeting requirements under the Virginia
Freedom of Information Act and such legal matters as were identified in the motion
by which the closed meeting was convened were heard, discussed or considered in
the meeting by Council.
Town Council Worksession for September 26, 2005 Page ?
The motion was approved by the following vote:
Aye: Burk, Horne, Kramer, Martinez, Zoldos and Mayor Umstattd
Nay: None
Vote: 6-0-:[ (Hammler absent)
The meeting reconvened at 9::[3 p.m.
For consideration and discussion:
:[. Loudoun Street Citizens Task Force Update
Mayor Umstattd advised the Loudoun Street Citizens Task Force update will be
delayed to the September 27th meeting.
2. Request for Virginia Department of Transportation (VDOT) funding for
highway projects with the Town of Leesburg in the VDOT Six-year
:[mprovement Plan for fiscal years 2006-2007 through 2011-2012.
Tom Mason outlined the VDOT Six-Year Improvement Plan stating the Town's
request to the Commonwealth Transportation Board includes three urban system
projects and three primary system projects.
Vice Mayor Martinez asked why the intersections of Bypass at Sycolin Road and
Battlefield Parkway are not included.
Tom Mason clarified the resolution does include Sycolin Road at the Bypass and
Battlefield Parkway at the Bypass is functioning fine and should do so for
approximately two years.
Councilmember Home asked if widening of South King Street is part of the CIP.
Mr. Mason stated the South King Street widening project is included in the Urban
System Project request; however, Battlefield Parkway from Kincaid Forest to Route 7
is a higher priority. Once Battlefield Parkway is constructed, South King Street
widening will begin.
Councilmember Zoldos verified that right-of-way along the east side of South
King Street has not been obtained. He expressed his concern that with the
withdrawal of the Centex project; the by-right use will include a lot of curb cuts onto
S. King Street.
Mayor Umstattd asked that a map showing the section of Battlefield from Sycolin
to the Greenway as being built by the private sector be provided for Council and the
Commonwealth Transportation Board's hearing on November :[0.
3. Preparation for the 3oint Planning Meeting with the Loudoun County
Board of Supervisors
Mayor Umstattd read the Town Council Ad-Hoc Subcommittee recommendation
regarding the long term land use vision for the greater Southeast Leesburg area.
The recommendations were as follows:
1. The ,1LMA should be redefined and jointly planned by the Town and the
County.
Town Council Worksession for September 26, 2005 Page 8
2. ]:ncorporate the Crosstrails Tract into the Town by BLA immediately.
Establish as the Urban Growth Area (UGA) the area currently shown as
the Town's .1LMA on the Loudoun County 200::[ Land Use Map. The UGA is
that area which the Town considers vital to its needs for future economic
sustainability and growth and would be brought into Town limits now or in
the future.
Vice Mayor Martinez stated the committee has met with the Planning
Commission and Staff to determine how best to serve the southwest area adding we
have very little input into the planning of our transition areas. Further, he stated
there is more to protecting our borders than Crosstrail.
The Mayor expressed concern with the joint planning identified as east to the
Potomac River. She asked for clarification that it does not include property on the
North Side of Rt. 7.
Susan Swift clarified the two areas identified as the .1LMA and UGA. The
sewer shed line and our UGA line wherever it is the biggest. This is different from
what the County currently calls their .1LMA. The other is identified as a joint planning
area and perhaps a separate area being an urban growth area. The difference is that
is the bigger area is the planning area and part of that area might be an urban
growth area which may be a future annexation area.
The Mayor asked for further clarification to say it is not the Town's intent to
annex the entire UGA and .1LMA.
Councilmember Zoldos asked why Veteran's Park is not included for a BLA.
Mr. Wells stated that issue will be brought before the Town at a different
time.
In conclusion Council agreed to provide a better description of the ]LMA and
remove reference to the .1LMA on the last bullet.
4. Fort Evans Road Capital Zmprovement Project - status report
Nagi Elsewaissi outlined this fully funded capital project which will improve
vehicular safety by installing concrete curb and gutter on both sides, and by
widening the road to 34-feet with parking on the west side only.
He stated construction of this project is in two phases: Phase T, the storm sewer
construction, will be advertised in late October 2005 and is expected to be under
construction by winter and substantially completed in spring 2006. Phase :II, the
road construction, will be advertised for construction in late winter 2005 and
substantially completed by fall 2006.
He added a pro rata share will be established to contribute to a post
development runoff to future development along Fort Evans Road.
Mr. Elsewaissi stated temporary easements will be need for this project and they
are now working with the veterinary clinic to obtain an easement.
Town Council Worksession for September 26, 2005 Paqe 9
Councilmember Horne thanked Mr, Elsewaissi for working with the property
owneFs,
For information only:
Preview ]items for October 11, 2005 work session
There was no discussion on the following items:
a. Utility Rate Study Results)
b. Establishing pro-rata fees for the Sycolin Pressure Zone (Rt.
443) water storage tank
On a motion by Vice Mayor Martinez, seconded by Councilmember Burk, the
meeting adjoined at 10:54 p.m.
ledith W. Ahalt
rk of Council
2005_tcwsmin0926