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HomeMy Public PortalAbout2009_tcwsmin0223 Council Work Session February 23, 2009 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David Butler, Thomas Dunn, II, Katie Sheldon Hammier, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd Council Members Absent: None Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Public Works Tom Mason, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Economic Research Analyst Betsy Fields and Management Specialist/Deputy Clerk of Council Debi Parry AGENDA ITEMS 1. Work Session Items for Discussion: a. Leesburg Demographics Presentation Betsy Fields stated in November she provided a statistical profile of the Town based on land development and how the Town has changed. She stated new data was released in December regarding Leesburg's demographics from the American Community Survey. She outlined the Town's growth historically. Vice Mayor Hammier stated she is curious about housing growth pressures and if the action the Federal Reserve took with interest rates correlate with that growth. Ms. Fields stated she would look into that possible correlation. She stated Leesburg is growing faster than the rest of the region, state and nation. She stated the fastest growing household type in Leesburg is singles living alone, which shows we are becoming more urbanized similar to the region than to the rest of Loudoun County. Council Member Wright stated in the last four or five years the largest selling housing type in Leesburg has been condos and townhomes. Ms. Fields stated nearly 29 percent of our housing types are now town homes and 26 percent apartments and condos which have been faster growing than single family homes. She stated the average household size has increased 10 percent and our average family size has increased 18 percent. Vice Mayor Hammier asked if this correlates to the divorce rate in the region and families joining together with children from other marriages. Ms. Fields stated she does not know if this is directly related to divorce rates and blended families. She stated she could look into that; however, what has been driving the housing market is the creation of new households. She stated a smaller percentage of households in Leesburg have children; however, those that do have children have more children than the 2000 statistics. Further, she stated the number of households with seniors has declined slightly. Town Council Work Session of February 23. 2009 Page 2 Council Member Wright verified the Town of Leesburg is included in Loudoun County's statistical numbers. Ms. Fields outlined the diversity in the Town stating we are growing more diverse in all categories; however, we are less diverse than the metro region as a whole. Ms. Fields outlined the income of the Town's population stating our household income and per capita income has increased over 2000; however, taking inflation into account our per capita income has actually gone down. She stated we are comparable with the region and significantly higher than the nation. Vice Mayor Hammier asked that Ms Fields provide information on the percentage of our households whose income is below $50,000 per year. Ms. Fields stated we do have individuals in the Town living below the poverty level; however, there are fewer children and seniors below the poverty level. She stated there was a significant increase in the number of households who spend more than 30% or more of their income on mortgage or rent. Council Member Butler asked what is included in housing costs. Ms. Fields stated this includes the mortgage or rent. Council Member Reid asked if the housing costs include taxes. Ms. Fields stated she does not believe taxes are included. Council Member Reid asked the impact of taxes. Ms. Fields stated the taxes would pass through the landlord in the case of a renter. Council Member Reid asked if there is anything in the survey regarding the cost of Federal, State and Local taxes in terms of how they affect families. Council Member Martinez asked if perhaps the mortgage payment includes taxes and insurance rather than just the principal and interest. Ms. Fields stated it is reported simply as mortgage payment; however, she will look into the methodology behind the calculations. She stated she is not sure the survey addresses the impact of taxes, particularly across geographies where tax types may vary from property to income taxes. Vice Mayor Hammier stated perhaps there is a think-tank with a research study on the percentage impact of aggregate taxes on households. Council Member Reid stated he would like to see how we compare with other towns and cities. Ms. Fields stated the key takeaways are that our household income increases are just keeping up with inflation and we are very wealthy compared with the rest of the nation. Town Council Work Session of February 23. 2009 Page 3 Vice Mayor Hammier stated she will be interested to see what happens to the household income in the County when the impact of the housing bust begin to impact the significant construction sector. Ms. Fields stated it will be a while before the data catches up with the housing bust. She outlined the Town's capacity for economic growth stating jobs are attracted to where people are. She stated we have high labor force participation rates in the Town and rank higher than the region and the nation. Mayor Umstattd asked if that could be due to the fact that we have jobs for people here unlike Detroit, Michigan where people are unable to find jobs. Ms. Fields stated the data includes people who are looking for work as well as those who are employed. She stated we do have a strong job market in this area. She outlined the education rates of the Town's population stating 51 percent have a bachelor's degree or higher and a majority of the population are in management positions. She stated our population is motivated, educated and highly skilled; therefore, they remain our best asset for attracting businesses. Further, she outlined commuting data for our population stating the majority of workers drive to work and the average commuting time is 30 minutes. Council Member Reid stated we do have a fantastic express bus system here; however, the Board of Supervisors has not seen fit to expand it. He stated if it were expanded to job centers in Reston and Tyson's Corner there would be an increase in ridership. Further, he stated we cannot expect much better numbers than this in the Town. Ms. Fields stated by in large the majority of our residents work in Northern Virginia. Council Member Wright asked which segment includes the Washington, DC commuters. Ms. Fields stated Washington, DC is included in the all other areas category and accounts for less than one percent of the population. Council Member Reid stated he is surprised that 3.9 percent of the population commutes to Maryland and 5.4 percent of people working in Town live in Maryland. He stated the data quoted during the river crossing study was only one or two percent of all of Loudoun County was commuting to Maryland. He stated he would like to see if that is an increase since the 2000 census. Ms. Fields stated 54 percent of the people who work in Leesburg live in Leesburg or Loudoun County. She stated this indicates an available workforce for attracting businesses. Council Member Dunn asked Ms. Fields to check if the income information used in the study is gross or net income. Council Member Reid asked if it is possible to show where the people commuting to Leesburg from Maryland live and where the Leesburg residents commuting to Maryland are going by county. Town Council Work Session of February 23. 2009 Page 4 Ms. Fields stated the Town is currently going through a vetting process to be able to obtain all of the data used in this study. She stated once she can access that information she will be able to map the data to the detail Council Member Reid requested. Council Member Butler stated he would be surprised if the income figures are net income. He stated some of the average figures, such as the average commute times should be taken lightly. He thanked Ms. Fields for her report. Council Member Martinez thanked Ms. Fields for her report. He concurred with Council Member Butler's comments. He stated it used to take him 35 to 45 minutes to drive to Washington, DC at four o'clock in the morning; however, it now takes him 35 minutes to drive to Herndon at eight o'clock in the morning. He asked if the mortgage numbers are just strictly mortgage, or if they include escrow accounts and such. Council Member Wright stated there is still a need for us to retain our senior population. Ms. Fields stated the information includes households with seniors, not those living in assisted living homes. Council Member Wright stated the housing prices in this area have been artificially high and as the assessment rates go down the prices are coming closer to reality. He stated looking at the number of single households explains the foreclosure data and gives an insight into how townhouses and condos were getting gutted during foreclosure as people have perhaps overextended their means. Vice Mayor Hammier stated this data points out the great selling points on Leesburg as we are a reverse commute. Council Member Reid stated it is important to note that we are spending a lot of money on our bus system which feeds Metro and that is one of the reasons he has opposed the Dulles Rail Project as it is again designed to feed Metro and does not necessarily help people get from here to Reston. He stated he has tried to get the Board of Supervisors to recognize this for over two years. Vice Mayor Hammier stated that is actually one of her key takeaways is if people are traveling into Dulles and Reston for work then how can we make the bus system more effective. Mayor Umstattd thanked Ms. Fields for her presentation. Ms. Field stated she received new foreclosure numbers for January and the trend is remaining positive. She stated there were fewer foreclosures than December and the number of houses owned by the bank is continuing to decline. Mayor Umstattd asked which banks or mortgage companies had to buy back most of the foreclosed homes. Town Council Work Session of February 23, 2009 Page 5 Ms. Fields stated she can find that data. She stated Fanny Mae had a large portion of foreclosures. Mayor Umstattd stated she has been surprised in reading the paper that Deutsche Bank has a large number of properties in Town. Mr. Wells stated the current sales and current assessments are relatively close. He stated if this trend continues then it would seem that the assessments would not continue to decline as much. He stated that is just one month of data so far so it will be interesting to see if it continues. b. BAR Procedural Follow-up Mr. Wells stated this is an informational item designed to get discussion going at the Council level regarding BAR appointments and other procedural matters. He stated the BAR was informed of the item tonight. He stated staff is not looking for a vote, rather the staff recommendations will go forward to the BAR for discussion and recommendation to Council. Brian Boucher stated his memo provides a number of options regarding how applications are processed and how the BAR is worked into the process. Vice Mayor Hammier stated she is looking forward to the discussion. She stated it would be helpful to also get procedural input from the Planning Commission. She stated she supports allowing the applicant to have as much flexibility as possible in the timing of when their application goes before the BAR. She stated she would also like to depoliticize the commission by having a nominating committee to help us focus on the exact experience and background the board needs. Further, she stated she appreciated all of the Town's volunteers; however, this is a specialized role and we need to look at how to keep people involved. Council Member Wright stated he has no problem sending this to the Planning Commission as well. He stated we attempted to fix the process last February, which led to unintended consequences. He stated the scale and scope of the application the applicant's highest risk should determine where the BAR fits into the process. He stated we have been talking about the appointment process for a while and the staggered terms make sense; however, there is an advantage in making the board less political. He suggested establishing a talent pool with a nominating committee for the appointment process. Further, he stated he welcomes feedback from the Planning Commission and BAR. Council Member Reid asked the unintended consequences of Council's action last February. Council Member Wright stated we have several applicants who feel their biggest risk is vetting through the architecture; however, the process does not allow them to go through the BAR first. He stated there are other applicants who feel the zoning rights are their biggest risk and would like that addressed first. Council Member Reid stated last week the Leegate Auto Park property went into bankruptcy. He stated what drove him to support the original change was what happened with Landmark Realty's auto park. He stated in 2006 the BAR required Landmark to go back and change certain design elements which Town Council Work Session of February 23. 2009 Page 6 changed the footprint of the building and required an amendment to the special exception. He stated if the current policy had been in place we might actually have an auto park under construction. He stated his concern with changing the process is the H-l permit's two year expiration. He stated if you approve the building before the zoning process you have already lost six months. Council Member Wright stated that is why he supports allowing the applicant to pick which process works best for them. Council Member Reid stated the BAR has been working on a number of concept plan items and if the BAR is trying to prolong the 75 day deadline. He stated what also has to be done is the Planning Commission may have to work within the BAR design so we do not have another situation like the auto park. Council Member Wright stated we also have to work on our language for special exceptions so applicants have room under substantial conformance for changes made at the BAR level. Mr. Boucher stated the point is to ensure that the applicant has as much information as possible early in the process through the referral agencies. He stated staff recommends beginning this process during the second submission as the first submission usually receives a number of engineering comments that may influence the shape of the building. Council Member Reid asked why the Planning Commission cannot look at building design within the normal process for applications in the H-2 corridor. Mr. Boucher stated we have an H-2 Committee that is looking at a number of ideas for applications in this corridor. He stated every special exception and rezoning application is required to have an elevation drawing and the thought is to take that to the BAR during the second submission for a preliminary look. Council Member Reid stated he would feel better if the expiration on the BAR permit were changed to three years. He stated he thought Council had given direction to staff for that change. Council Member Butler verified the clock starts on the permit when it is approved. Council Member Reid stated if it is approved before the special exception process then you have taken away three or four months. Mr. Boucher stated the proposal is that you would do the permit and special exception process concurrently. He stated you would still get the zoning permit first before you go to the BAR for the Certificate of Appropriateness. Council Member Martinez stated the regulations could state that the clock does not begin on the Certificate of Appropriateness until the applicant has received special exception approval. He stated he likes the idea of a concurrent process. Further, he stated he likes the current appointment process with the staggered terms which provides the idea to bring new people in. Town Council Work Session of February 23. 2009 Paqe 7 Council Member Butler concurred with Council Member Martinez on the appointment process stating we have staggered terms already. He stated the real issue that he wanted to prevent was what happened with Waterford where by Council approving the application they unofficially enacted a policy for the Town's future and the BAR could have overturned that. He stated he does not feel comfortable with the Council not having the final say on a policy decision affecting the Town. Further, he stated the 75 day deadline for BAR action is not necessary as in the past four years all of the applications, except one, where the approval process was longer than 75 days were at the applicant's request. Council Member Dunn stated he would like to receive a formal update from staff on the status of the Form Based Code as a lot of what we are talking about could be addressed with this tool. He stated the H-2 corridor has been a failed policy as we cannot show how it has conveyed the feeling of our Historic District to our gateways. He stated he stated he would like to see the BAR get back to their original focus as our preservation board. He stated our historic buildings are still crumbling before us and we need to give the BAR the enforcement authority to ensure our historic buildings maintain their integrity. He stated he would also like to see us help building owners pay for the preservation needs through block grants and fa<;ade improvement loans. He stated he would like to see the appointment process stay as it is. He stated the current review process was just enacted a year ago and we should work through that process first. Further, he stated we do need to review the appeals process for the BAR. Council Member Wright stated the form based code is a good solution in a narrow area. He asked that Ms. Berry Hill should prepare a memo to advise Council as to the status of this committee. He stated it has taken a bit longer than any of us might have expected and it may not be the glue Council Member Dunn is looking to for everything. Council Member Dunn stated form based code can be anything we desire. He stated we can have it as detailed as we want wittlin the Crescent District and Downtown or we can have a two or three page overall guideline for projects such as the Exeter shopping center and Latter-Day Saints church, which have developed nicely without any design direction from staff. Mr. Boucher stated the design for both projects were done during the rezoning process. Council Member Dunn stated the form based code could be simple and implemented in various portions of Town. Council Member Reid concurred with Council Member Dunn's comments on the H-2 District and concurred with Council Member Martinez's idea for extending H-l permits in lieu of a two or three year limit. He stated he would also like to receive a memo regarding the status of the form based code. He concurred with Council Members Dunn and Martinez regarding maintaining the current appointment process. Further, he stated he would like to have an evidentiary appeals process for BAR decisions. Mayor Umstattd stated it seems the majority of Council supports keeping the current appointment process. She stated this is the body that is elected to make final decisions and Council should have an expanded appeal right on any project. Town Council Work Session of February 23. 2009 Page 8 She stated even though she did not agree with Council's decision on the height of the Waterford project she still believes it is Council's responsibility to make those decisions. Further, she concurred with Council Member Wright's comments regarding flexibility in the approval process. Council Member Reid asked that Council extend the expiration date on the H- 1 permits to three years. Council Member Wright concurred with Council Member Martinez's comments that the two year expiration should not begin until the zoning approvals are in place. Council Member Reid asked how that would apply to an applicant that does not require zoning approval. Council Member Wright stated the two years would begin when they receive their permit and if they are diligently pursuing their site plan they are not at risk of losing their permit. Vice Mayor Hammier stated there should be an ability to compartmentalize all of these rezoning decisions to make this as painless for applicants as possible. Council Member Dunn stated the BAR is dealing with window panes and 100 square foot buildings. He stated they were created for historic preservation and the majority of what they do with the 100 square foot building is to make it seem as historic as possible. Vice Mayor Hammier stated it should be the elected body that ultimately makes the final judgment decision that correlates to the guidelines. Council Member Wright stated we will solve the problem we are after by providing the applicant with the flexibility to choose the process. Vice Mayor Hammier stated she is looking to the opportunity for a joint BAR and Planning Commission process for special exceptions and rezonings. Council Member Wright stated that would require that the applicant have their final architectural drawings before they have the final zoning rights. Council Member Dunn asked if some of the fusing would be where the form based code could apply. Council Member Wright stated the form based code would not apply in the H- 1 District and that is where most of the process complaints come from. Mayor Umstattd asked what complaints Council Member Wright is hearing. Council Member Wright stated there are some applicants that are stuck because they want to go to the BAR to get a feel for their architectural design first and we do not have a process for that. He stated there are other applicants that want the zoning right before they do anything else. Town Council Work Session of February 23. 2009 Paqe 9 Mr. Boucher stated in the pre-application meetings the applicants will ask when they can go to the BAR and staff has to tell them they cannot go to the BAR until they have their zoning permits in place. He stated the danger of the current process is that Council does not see the final design until the building is constructed. Council Member Butler concurred with the Vice Mayor and Mayor's comments. Mr. Boucher stated staff will seek input from the BAR and Planning Commission before coming back to Council with recommendations. c. H-2 Steering Committee Mary Harper, H-2 Steering Committee, provided a report on the group's progress. She stated they recently held their first meeting and will be meeting every other Tuesday with the next meeting being March 3 at 4:00 p.m. She stated the Committee plans to review the H-2 guidelines, seek public input and report back to Council at the June 8 meeting. Further, she discussed the possibility of conducting an online survey for public input. Vice Mayor Hammier stated she is looking forward to the final briefing. Council Member Reid expressed concern that there will be a survey of the residents stating the H-2 only deals with businesses. Ms. Harper stated they have only discussed the idea of the online survey and nothing definitive has been decided. She stated the Committee feels it is important to reach out to the community for feedback. Council Member Reid stated for two years he has been talking about simply keeping the H-2 Corridor, but narrowing the boundaries to cut out areas not visible from King or Market Streets. He stated he is concerned that the Committee will report on the need for design guidelines during the June report, which is fine; however, it will not do anything for the immediate need to take applications out that do not belong there. He stated he would like to put forward a motion to either narrow the corridor or take some of the items out of the hands of the BAR. Ms. Harper stated the Committee has looked at perceived concerns about additional regulations, unanticipated results and the regulations may be irrelevant with the introduction of the Form Based Code. Further, she thanked Council for their input. 2. Additions to Future Council Meetings Council Member Wright asked that Council receive confirmation that the Economic Development Commission is reviewing the fac;ade grant program. Council Member Reid asked if Council will receive a presentation on the Community Development Block Grant (CDBG) items tomorrow. Mr. Wells stated there is a resolution tomorrow endorsing future projects for the long range plan. Council has already endorsed the CDBG project for this year's application. Town Council Work Session of February 23. 2009 Page 10 Council Member Reid asked if it is too late to change this year's project to the Plaza Street improvements project as it is a much higher priority. Mr. Wells suggested removing the item from the consent agenda for tomorrow night. Vice Mayor Hammier concurred with Council Member Reid's comments. Council Member Reid stated he would like to add an appointment to the Planning Commission to tomorrow night's agenda as well as a resolution reiterating Council's position on the I-66 widening project. He stated the Board of Supervisors in Fairfax County reversed their decision today and we should notify the Transportation Planning Board and the Governor of our support for this project. Council Member Wright stated he would like more information before Council votes on this item. Vice Mayor Hammier stated she would like to know the urgency of this item. Council Member Reid stated the Fairfax County Board of Supervisors have changed their vote and have instructed their representative to vote affirmatively at the meeting on March 18. Vice Mayor Hammier stated then this could be handled at the next Council meeting. Mayor Umstattd stated staff usually has legislation ready to sign the next day. Council Member Reid stated Council could just reiterate its 2003 position tomorrow night to get the information in the hands of the decision makes right away. It was the consensus of Council to wait till the next meeting. Council Member Butler stated in tonight's demographic presentation the thing that struck him the most was the high percentage of people who drive alone to work. He stated he was wondering if there was a program we could kick off to try to improve that statistic. He stated this is not just mass transit, it is also brining jobs closer to home and shortening people's commutes. He stated this would look to reduce automobile traffic to and from work. Council Member Reid asked for an update on annexation at the next meeting. Council Member Martinez asked for an update on Battlefield Parkway and Village at Leesburg. He stated he would like a final report on what the Town is doing to support Phil Bolen Park. Further, he asked for a status report on the dog park. Council Member Dunn he would like a status report on the form based code. He stated as soon as a decision is made in the water rate case he would like information regarding the availability fees charged to our businesses. He stated for budget reasons he would like to know man hours for tasks. Further, he asked to move the commission appointments to the consent agenda for tomorrow night. Town Council Work Session of February 23. 2009 Page 11 Vice Mayor Hammier asked for a report on the Town Code regulations regarding basketball hoops. She stated she would like a report on the burglary that occurred. Council Member Reid asked if other items can be brought up tomorrow night. Mayor Umstattd stated that is fine assuming Council wishes to suspend the rules. Council Member Dunn stated he thought an issue for a future meeting just had to be addressed at a previous meeting. He stated he did not think it mattered whether it was a work session or regular meeting. Mayor Umstattd stated these are the rules that Council put into place. She stated if there is an emergency situation then it could be brought up. Council Member Wright stated the goal of the rule was to get the list Monday night to appear on the agenda for Tuesday for confirmation. Council Member Reid stated he thought the I-66 resolution was an emergency because the Transportation Planning Board rejected this project after our last meeting. He stated the memo was sent to Council Friday. He stated the urgency changed after the Fairfax County Board of Supervisors decision today. Vice Mayor Hammier asked that the Council Member Disclosure form be provided in an electronic format versus the current paper process. Jeanette Irby stated Lee Ann Green emailed an electronic form to Council today. Council Member Reid asked when Council would receive a presentation on the Town Code. Ms. Irby stated she provided a memo to Council and she is waiting for feedback from some Council Members. She stated there will be two public hearings, one to get input from the publiC and one to adopt the code. Council Member Reid stated he would appreciate extensive public outreach. 3. Closed Session - Town Manager's Annual Evaluation On a motion by Mayor Umstattd, seconded by Council Member Butler, the following was proposed: MOTION Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting to discuss a personnel matter related to the Town Manager's annual evaluation. The motion was approved by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 The Council convened in closed session at 9:21 p.m. The Council reconvened in open session at 9:59 p.m. Town Council Work Session of February 23. 2009 Page 12 On a motion by Mayor Umstattd, seconded by Council Member Martinez, the following was proposed: MOTION 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 public business 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 by Council. The motion was approved by the following roll call vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 Adjournment On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting was adjourned at 9: 59 p.m. /'I 2009_tcwsmin0223