HomeMy Public PortalAbout2006_03_27
Council Work Session
March 27, 2006
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Melinda Kramer, Marty Martinez, Bob Zoldos and Mayor Kristen Umstattd
Council members Absent: None
Staff 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 Engineering and Public Works Tom Mason, Chief of Police Joe Price,
Director of Planning, Zoning and Development Susan Swift, Zoning Administrator
Brian Boucher, Chief of Engineering Bill Ackman, Engineer Mitch Burrill, Inspector
Dustin Childress, Planner Wade Burkholder, Management Specialist Tami Watkins,
and Deputy Clerk of Council Debi Parry.
AGENDA ITEMS
Briefing by Steve Porter - Loudoun Volunteer Rescue Squad
Steve Porter, Loudoun Volunteer Rescue Squad, thanked Council for their
donation of $100,000 which was presented at their annual banquet in January. He
stated the Loudoun County Board of Supervisors has cut the proffer replacement
funding to the volunteer companies, which will result in a $140,000 loss for the
Leesburg Volunteer Fire Department and the Loudoun Volunteer Rescue Squad.
Further, he was notified that because of this cut the base budgets for each volunteer
fire department and volunteer rescue squad will be adjusted and it is unknown what
impact that reduction will have.
Mr. Porter stated an ad will be placed in the Loudon Easterner, Leesburg
Today and Loudoun Times-Mirror to ask residents to urge the Loudoun County Board
of Supervisors to restore this funding.
Councilmember Burk thanked Mr. Porter for coming forward to inform Council
of the impact.
Councilmember Zoldos stated it is his hope that Council would send a letter to
the Loudoun County Board of Supervisors requesting that these funds are restored.
Councilmember Hammier stated she looks forward to following up with the
Loudoun County Board of Supervisors. She asked Mr. Porter what the impact will be
to the budget.
Mr. Porter stated this represents a loss of 10 percent of their budget.
Mayor Umstattd stated Council will address this issue tomorrow night.
Vice Mayor Martinez stated we need to make the Board of Supervisors
understand that this will do nothing but hurt the citizens of the County.
Council Meeting of March 28, 2006
a. TLSE-200S-0007 Loudoun Country Day School to permit a time
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Page 2
extension for use of modular classroom buildings at 237 Fairview
Street - public hearing.
Wade Burkholder stated Loudoun Country Day School was granted a
special exception in 2001 to allow nine modular classrooms on the property.
He stated there was a condition of that special exception to terminate the
approved use after five years. Further, he stated Loudoun Country Day
School is now asking that the modular classrooms be made permanent.
Councilmember Burk asked what the timeline for the use would be.
Mr. Burkholder stated the school plans to move within the next five
years.
Councilmember Burk verified this action would allow them to keep the
trailers even if they do not relocate within the next five years.
Councilmember Kramer stated it is important to make sure the tree
line remains healthy. She verified the modular classrooms could not be used
by any future operator on the property even if it is still owned by the school.
Further, she commented on the traffic at this location and asked that a "No U-
Turn" sign be installed in front of the school.
b. Zoning Ordinance Amendment - Signs in the Historic District-
public hearing.
Brian Boucher stated this item is an attempt to allow some of the sign
approvals to be reviewed and approved administratively rather than requiring
the Board of Architectural Review to address those issues. Further, he stated
any applicant would retain the right to have their sign reviewed by the Board
of Architectural Review.
Councjlmember Burk stated this is long overdue and will be good for
business and for the members of the Board of Architectural Review.
Councilmember Horne stated this will be a great benefit to the business
community.
Councilmember Zoldos stated having gone through the sign approval
process in the past he believes this will be of great benefit to all involved.
c. Notice of intention to approve and adopt a boundary line
adjustment agreement between the County of Loudoun, Virginia
and the Town of Leesburg, Virginia and authorizing publication of
a notice and a public hearing.
Barbara Beach stated in October Council authorized her to do what was
necessary to facilitate the Boundary Line Adjustment. She stated she has
worked with Loudoun County staff and both the Board of Supervisors and
Council will hold their public hearings on the same evening.
Councilmember Burk expressed concern for citizens that would want to
speak before the Board and Council given the public hearings will be held the
same night.
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Ms. Beach stated the public hearing could be held near the end of the
Council meeting to allow residents to speak.
Mr. Wells stated we can monitor the County's public hearing and report
on the findings that evening.
Councilmember Horne stated she would support leaving the public
hearing open for ten days. She expressed her good wishes to Mr.
Wordsworth who is recovering from an accident in December.
Councilmember Zoldos stated he supports having the public hearings on
the same night. Further, he stated we can also accept written comments
from citizens who can not attend.
Councilmember Hammer stated she looks forward to receiving public
input. She stated it was her understanding that the resolution in October was
to authorize staff to have discussions regarding the boundary line adjustment.
Ms. Beach stated the resolution authorized her to do everything to effect
the boundary line adjustment. She stated once the County and Town have
passed their resolutions a petition will be filed with the court.
Councilmember Hammier stated it would be helpful to have the October
resolution and a staff report available at the public hearing to outline how we
perceive this to be a benefit to the Town.
Ms. Beach stated the agreement has been drafted and is available for the
public to review now.
Councilmember Hammier verified we have not received any feedback
from the County regarding our other boundary line adjustment request for
Crosstrails.
d. Airport Lease
Barbara Beach stated we have received a signed release from the tenant
and the Town will receive a check for $60,000 pending a vote of approval
tomorrow night.
Councilmember Burk verified this is above the arrears which were already
paid.
Mayor Umstattd recognized Dennis Boykin stating he attended the State
Corporation Commission hearings regarding the Dominion Virginia Power
power lines with Steve Axeman.
Dennis Boykin, Leesburg Airport Commission Vice Chairman, stated the
major issues include how the proposed power lines might effect the new
instrument landing system, the increase of the ridge line, and the medical
helicopters which operate out of the airport. He stated Steve Axeman
provided a wonderful briefing to the commission and provided them with
additional issues to consider.
Mayor Umstattd thanked Mr. Boykin and Mr. Axeman for their effort.
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Vice Mayor Martinez extended his appreciation to Mr. Boykin and Mr.
Axeman for attending the hearing to protect the airport.
Council member Horne stated as a community we are very fortunate to
have volunteers with this level of commitment and expertise. Further, she
also expressed concern for the flight schools that operate out of the airport.
Councilmembers Kramer, Burk, Zoldos and Hammier also thanked Mr.
Boykin and Mr. Axeman for their efforts.
Mr. Boykin stated a composite route has been proposed along Route 7 and
Mr. Axeman reminded the commission of the Federal Aviation Building on
Route 7 and the possible hazards that could come from having the lines
located too close.
For consideration and discussion:
1. Philips Drive Drainage Issues
Tom Mason provided a briefing on the drainage issues on the Tatum's
property at 25 Philips Drive which were caused by the construction of the Rosebrook
development behind their property. Mr. Mason stated in evaluating the difficulty of
this situation staff has struggled with what regulations can be in place to prevent this
problem during construction. Further, he stated the construction finished last Friday
and staff will continue to work with Mr. Tatum to address his concerns.
Mr. Mason stated Loudoun County is the authority for erosion control for the
Town. He stated Chief of Engineering Bill Ackman has spoken with Fairfax County
about a new policy to strengthen their regulations regarding the flow of run-off
during construction. Further, he stated to implement something similar here we
would need the cooperation of Loudoun County as they would be the legal entity to
enforce the regulation.
Councilmember Kramer asked that staff continue working with the Tatums to
ensure their concerns are addressed.
Mr. Mason stated he and Engineer Mitch Burrill met with the Tatums on Friday
afternoon and promised to inspect the site again after the next rain.
Councilmember Burk verified there was no damage to their home.
Councilmember Horne asked how long it will take for staff to return with
recommendations for Council to modify our existing policy. She stated much of the
development and redevelopment we will see in the future is infill which will impact
the neighbors. Further, she stated we need to address this situation quickly.
Mr. Mason stated he could put together a policy within a couple of weeks. At
that time staff could develop a schedule to work with Loudoun County and create an
ordinance for Council to adopt.
Councilmember Horne suggested looking at the regulations of Arlington
County and the City of Alexandria.
Council member Zoldos stated the issue is not the sheet flow regulations,
rather that construction begins in winter and the planting can not begin until the
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spring. He stated he would like to see an ordinance drafted to require developers to
ensure construction run-off does not exceed pre-construction run-off. Further, he
stated this is the second occurrence we have had with Centex Homes in recent
years.
Mayor Umstattd concurred with Councilmember Zoldos' comments. She
suggested looking at the policy regarding winter waivers.
Mr. Mason stated winter waivers are situations where we allow occupancy in
the winter before the landscaping can be installed in the spring. Further, he stated
this is administered by the Zoning Department and their inspectors.
Councilmember Hammier asked if there are certain instances that might be
worse for run-off related to the composition of the soil or the grading. She stated
she is concerned with the possibility of this issue with the redevelopment in the
Crescent District.
Mr. Mason stated the issue is not the soil, but rather that the soil is bare.
Councilmember Hammier asked if the Tatums measured the financial impact
of the flooding in their yard stating they should be compensated by Centex Homes.
Mr. Mason stated staff has had a number of discussions with Centex regarding
the impact of their development to Mr. Tatum's property and they are currently
discussing the situation with Mr. Tatum.
Barbara Beach stated there are no regulations that address water flow during
construction because the rule is you can not have water flow during construction.
She stated you can do anything on your property as long as it doesn't affect
someone else's property and if it does the jurisdiction should issue a stop work
order. Further, she stated she is not inclined to see Council take away tools they
have to use as appropriate such as winter waives.
Mayor Umstattd asked if the stop work order authority is within the Council's
domain.
Ms. Beach stated the development plan we issue gives us the authority to
issue a stop work order.
Councilmember Zoldos stated we need to start using that tool. Further, he
stated he would like staff to bring back a policy at the next meeting.
Brian Boucher stated the authority for winter waives is in the Zoning
Ordinance.
Mayor Umstattd asked staff to develop a more severe penalty for a developer
who allows this kind of thing to continue.
2. Initiation of Zoning Ordinance amendments to permit certain uses to
begin operation pending completion of use criteria.
Brian Boucher stated when you approve a special exception you enforce
certain conditions meant to mitigate the impact the use will have on the adjacent
properties; however, approval of a temporary use permit would allow the business to
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begin operations before these impacts are mitigated. He stated this would have a
legal impact on the regulations and the attorney's opinion is that this would weaken
the use regulations and open the door to legal challenges. Further, he addressed
concerns with public safety, practicality of site size during construction while
business is in operation, and the possible delay of the proffered improvements.
Mr. Boucher stated we don't normally bond proffered improvements;
however, in this case we would have to ensure the improvements are made. He
stated this would also result in an increase in complaints from adjacent properties
and would require more staff time. Further, he stated no other jurisdictions in the
area have regulations to permit a temporary use permit and it is staff's
recommendation that the ordinance not be amended.
Mr. Boucher stated in the past the Town did make accommodations for two
banks; however, the circumstances were different. Further, he stated you have a
special exception process because there are issues resulting from the use that will
need to be mitigated before operations begin.
Councilmember Hammier stated the flip side of this issue came up with the
move of Enterprise-Rent-A-Car and asked if there are any positive effects to the
Town that could result such as increased tax revenue in the short-term or the
perception that the Town is more business friendly.
Mr. Wells stated there is a balance to this situation. He stated we need to
work with the businesses; however, it shouldn't be at the expense of the residents.
Mayor Umstattd stated she continues to be concerned about businesses that
are forced to close as they transition to a new location.
Bob Sevila, attorney for B&M Motorcars, asked Council to look into the
concerns raised by Mr. Boucher to see which ones could be addressed to minimize
the impact on businesses. He stated as Mr. Boucher mentioned there were two
instances in the past where a temporary use permit was issued. Further, he stated
the process can be balanced to help the businesses while maintaining the integrity of
the process.
Councilmember Horne asked what the gap is between when they will be
forced to leave their current location and when they can open at their new location.
Mr. Sevila stated they are estimating two years for the approval process and
construction. He stated Loudoun National Bank owns the current B&M Motorcars site
and once their site development plan has been approved by the Town B&M Motorcars
will be forced to vacate the property.
Councilmember Horne stated that does present a significant hardship;
however, he does have the option of moving to his other location in Town.
Councilmember Zoldos stated Mr. Boucher researched the surrounding
jurisdictions and found that none of them offer this type of temporary use to their
businesses. He stated the locations for the two banks sited as examples were not
adjacent to residences; however, the B&M Motorcars site is. Further, he stated
consolidation of the B&M Motorcars to the Liberty Street location will present a
hardship; however, it will allow him to continue operations.
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Mr. Sevila stated any policy crafted regarding a temporary use permit should
ensure that neighboring residences are protected.
Beck Dickerson, representative for B&M Motorcars, stated the location on
Liberty Street has been sold and the owner of B&M Motorcars does not know how
long he will have use of that property.
Council member Hammier stated given this issue was first brought up two
weeks ago the Economic Development Commission and Planning Commission have
not had the opportunity to review this information and suggested they be given time
to comment on this issue.
Susan Swift stated by the time we go through the process of amending the
regulations to add a temporary use the site plan for the B&M Motorcars site might be
approved. Further, she stated this is not a good idea for the Town's enforcement
capabilities.
Mr. Dickerson stated staff is working with the applicant to try to expedite this
process. He stated this process is historically cumbersome in Northern Virginia and
especially when the business making the application has a hardship. Further, he
stated this proposal by Mr. Sevila would make an exception in the case where a
business had a particular hardship.
Ms. Swift stated Virginia State Law requires us to turn around a set of plans in
sixty days as staff does 99 percent of the time. She stated ESI recently stated that
we are averaging 4.2 submittals per project, which slows down the process. Further,
she stated staff is currently working on improvements to expedite the process.
Mayor Umstattd stated it is incumbent on the applicant to ensure the
applications submitted are in excellent shape. Further, she verified staff has
received the plans for this project.
Mr. Wells stated there is no expedited review process; the way to reduce the
amount of time it takes to get through the process is to reduce the number of
submissions needed. He stated staff will sit down with the applicant once the
comments have been completed on the first submission and review the comments
with them point by point so they have a clear idea of what staff is looking for with
the second submission.
Mayor Umstattd asked if the majority of Council wanted to go forward with
this would the applicant be willing to immediately erect the barrier between his
property and that of the adjacent homeowners, or would development of the site
preclude the erection of that barrier at this stage.
Mr. Sevila stated the site plan process would have to be completed prior to
the barrier going up.
Mayor Umstattd asked if staff has prepared the ordinance amendment in the
case that Council may want to move forward tomorrow night.
Ms. Beach stated Council may not legally use the consideration of whether or
not a business is currently operating in the Town. She expressed her concern the
Town will be putting conditions such as landscaping in jeopardy if you do not enforce
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them before the use is put into effect. Further, she stated this totally undermines
the process of conditions placed on applications by Council and she is concerned with
taking up other commission's time on this matter as she does not believe it is legally
sustainable.
Councilmember Hammier stated she appreciates Ms. Beach's opinion on the
matter relative to the issue at hand being legally justifiable. She stated her non-legal
reaction is whether there will ever be an instance where there are benefits
associated with allowing this while not undermining the fact that we are putting a
series of conditions in place that have to be met. Further, she stated another lawyer
is here telling us that the process may be allowable so she feels referring this further
discussion is warranted.
Mr. Sevila stated he has not seen Ms. Beach's opinion and has not considered
this from a legal standpoint, rather it was raised as a concern that Council may wish
to address.
Councilmember Burk stated she would not support this.
Vice Mayor Martinez stated any vote should be deferred until Council can have
more discussion regarding the issue.
Mayor Umstattd stated it would be worth asking the Economic Development
Commission to look at this issue in a generic way. She stated they have no formal
role in an ordinance change.
Mr. Sevila stated he does not wish to push the issue and is happy with the
offer by the planning staff to work with the applicant. He stated this is a proposition
that may have merit and should be referred to the Economic Development
Commission.
Councilmember Horne stated she would want to be sure that the Economic
Development Commission receives all of the information presented tonight as there
would be no point in them working on a recommendation if we already know it is not
legally sustainable.
Closed Session
Mayor Umstattd stated she will recuse herself from the closed session
because her building is located in the Wirt Street building.
On a motion by Vice Mayor Martinez, seconded by Councilmember Zoldos, the
following motion was proposed.
Pursuant to Section 2.2-3711(A)(7) of the Code of Virginia, I move that the
Leesburg Town council convene in a closed meeting for discussion of the acquisition
of public property on Wirt Street.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Zoldos
Nay: None
Vote: 6-0-1 (Umstattd abstaining)
Council convened in closed session at 8: 50 pm.
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Council reconvened at 9:35 pm and on a motion by Vice Mayor Martinez,
seconded by Councilmember Horne, the following motion was proposed:
In accordance with Section 2.2-3712 of the Code of Virginia, I move that
Council certify that to the best of each member's knowledge, only legal matters
lawfully exempted from open meeting requirements under the Virginia Freedom of
Information Act and such public business matters as were identified in the motion by
which the closed meeting was convened were heard, discussed or considered in the
meeting.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Kramer, Martinez and Zoldos
Nay: None
Vote: 6-0-1 (Umstattd absent)
The meeting adjourned at 9:36 pm.
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