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HomeMy Public PortalAbout2011_tcwsmin0207Council Work Session February 7, 2011 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Kristen Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon Hammler, Marty Martinez, Ken Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: Council Member Dunn left the meeting at 9:00 p.m. Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Assistant to the Town Manager Scott Parker, Zoning Administrator Chris Murphy, Deputy Zoning Administrator Wade Burkholder, Economic Development Manager Marantha Edwards, Business Retention Coordinator Debi Parry and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Work Session Items for Discussion a. Arts and Cultural District Chair of the Commission on Public Art, Pam Butler, clarified definitions of what qualifies as an arts organization. She stated the town's legal department found that you can make a legal argument for inclusion of almost everything and the Commonwealth's definition was very broad. Further, she stated they updated the district map by starting out marking the original boundaries as the business portion of the historic district and crescent district but bumped it out to include mixed use parts of the historic district and the crescent district so both sides of Catoctin Circle have the opportunity to participate. She stated that staff has identified an incentive package which was included in Council's packets. She stated a qualified arts organization is a business for profit or a nonprofit organization physically located within the district which by determination of the administrator positively contributes to the arts and cultural district by presenting arts or physical works. She discussed the criteria for qualification and the possible economic impact of this district. Council Member Butler stated that based on the definition provided, a tattoo parlor would not apply because it is a service and movie theatres would not apply because they do not show original works. Ms. Irby stated that movie theatres were specifically included in the definition since last Wednesday. Council Member Butler stated he thought there was no consensus on the EDC to include movie theatres. 11P ;c Council Work Session February 7, 2011 Marantha Edwards stated it was included because the direction was not clear and inclusion would give an opportunity for the Council to determine whether it should be included or not. Council Member Butler questioned whether martial arts would fall under the category of dance. Ms. Irby stated that there are persons who do think of martial arts as an art, but this is another point where Council will need to weigh in. Debi Parry stated the definition was left as broad as possible to allow Council to weigh in on various aspects and definitions. Council Member Butler asked that it be made clear where Council needs to weigh in. He stated he wants to make the legislation as tight as possible so Council does not have to get involved again. Council Member Reid praised the Public Arts Commission and and the EDC for spearheading this He questioned why restaurants are not included. Ms. Butler stated the town has a number of restaurants and anything can be argued to be art. She stated the whole concept was for the art galleries and performing arts centers to anchor the restaurants and shops. Further, she noted there would be a financial impact of including so many restaurants. Council Member Reid questioned whether the district would apply to residential art studios. Ms. Butler stated the question did come up in the EDC meeting and there are homes in the proposed district boundaries. She stated the conclusion of discussion was that there could be some additional benefits for home based art businesses where the zoning allows. Ms. Butler stated one of the comments that came up frequently is that a lot of arts organizations do not own property. She stated one of the benefits that the COPA and EDC found attractive was that if an organization rents 50% or more of a space, they would get the benefit of the tax break. Council Member Reid stated he would like to see downtown have working artists who live and work in studio space. He questioned whether the rebate would be for give people who are already in business or whether it is only for new businesses. He questioned whether renters get any type of benefit and noted that the real burden is county taxes. 2 1 P a g Council Work Session February 7, 2011 Ms. Irby noted that the county does not allow tax protection for churches or nonprofits so the chances of the county giving tax considerations for arts uses is not probable. Further, she stated the renter would get a break on BPOL taxes and the property owner would get a break on real estate taxes. Council Member Reid confirmed that approval would be administrative. Ms. Butler stated that Harrisonburg specifies the town manager or his or her designee but they do not have an appeal process yet. Council Member Reid stated he does not want to hold up approval of this, but spelling out residential criteria would good. Further, he stated he would like to see if the county would offer incentives for property owners with respect to real estate taxes. Mayor Umstattd stated this initiative has real potential, but it is full of loopholes. She stated the hope is a property owner will pass along tax savings to the tenant but property owners may figure to keep the incentives, which does not help to attract arts businesses. She stated she would like to limit this to the historic district unless the plan is to have the private sector build a performing arts center in the crescent district. She stated the real burden is the county taxes. Council Member Butler stated the town needs to look for a way to include the county because the State Code legislation specifies municipalities. He stated the town can work with VML and Virginia Commission for the Arts to find a way to include counties and the town should open a dialog with the county about support for the arts. b. Loudoun County Government Support Center Master Plan Paul Brown, Chief of Capital Construction for Loudoun County, went over background on how Historical background on the government center master plan, existing conditions, and environmental conditions. Mr. Brown stated the county bought 92 acres and then purchased Shellhorn tract which gave them 470 acres and then in 2007 they purchased 144 acres of the Cangiano tract. He stated this made the tract over 673 acres, which was consolidated by a county initiated boundary line adjustment in 2008. Further, he stated after purchase of the Shellhorn tract, they divided the parcel and took 70 acres for public safety facilities, adult detention center, sheriff and fire and rescue administration facilities. He stated they have been directed to identify how many county facilities will fit on this property to eliminate the necessity of purchasing additional property. 3IPage Council Work Session February 7, 2011 Mark Hoffman stated the key thing is the fact that the property purchased in 2007 is where we see the most potential for further expansion of county facilities. He displayed a map showing environmental constraints and some other constraints associated with the 672 acre parcel including environmental constraints that preclude any extensive development of the property due to floodplains, wetlands, steep slopes and preservation issues. He stated that the preliminary alignments of Kincaid Boulevard, Crosstrail and Miller Drive are also depicted. Further, he stated they tried to group the uses in areas where they coordinate with one another. Mayor Umstattd noted that the Juvenile Detention Center will be within 400 feet of homes in Kincaid Forest, which will undoubtably cause concern. Mark Hoffman stated the existing bus maintenance and vehicle maintenance facility and a long term expansion of the garage facility and the commuter bus maintenance facility are shown as well as a proposed consolidated warehouse facility just east of the Park and Ride facility. He also noted new uses for the Cangiano property including the Juvenile Detention Center, the juvenile probation residence and general office space. He stated the way it is depicted on the map, new development that can be constructed without encroaching on the proposed alignment of Miller Drive. He noted there will be two small facilities which will serve as an adolescent independent living facility and residential facilities for mental health services located just south of the Kincaid and Crosstrails intersection. Mr. Brown stated the amendments were driven by the alignment of the six lane Crosstrail and the four lane Kincaid Boulevard. He noted that they are not able to locate the juvenile detention center within a certain amount of feet of any adult detention center. He noted the county is aware that people are concerned about these uses, but they have been existing on this property since 1997 and generates the less public transportation trips than other uses. He stated that road issues have come up in the planning process and an option has arisen to take Miller drive off of the Countywide Transportation Plan (CTP) which is driven by public comment received from the local neighborhoods, although he noted that neighborhoods near the Miler drive alignment would prefer the county facilities as a buffer. He stated they are proposing an amendment to take Crosstrail from a six -lane divided to a four lane divided as the traffic counts do not support a six -lane divided and they felt six lanes would divide up the property. Dale Castellow stated they are doing design work to develop construction plans for a four -lane Crosstrail connecting with a four -lane Kincaid and they are also trying to accommodate a possible realignment of Sycolin due to planned runway expansion. 41Page Council Work Session February 7, 2011 Mr. Brown stated that the next step is to brief the stakeholders and people interested and to that end, they briefed town staff and are not briefing Council. Further, he stated there will be two public input sessions at Cool Spring Elementary in early March. Council Member Reid stated the community will be interested in the public meetings. He expressed his concern about the spread out suburban office feel of this plan and the proximity of the juvenile facility close to Kincaid Forest. He noted that this plan is very auto dependent leaving county employees without any amenities causing more traffic on Sycolin. He suggested that the county put the money into improvements to Sycolin Road and asked them to look at mid -day traffic because there are no amenities in the area. Mr. Brown noted they are extending Kincaid to in order to build the juvenile facility, which needs to be done as soon as possible. Council Member Butler questioned whether any approvals are required from Council. Mr. Wells stated that town staff will participate in any public meetings and the town will be a referral agency during the special exception process. Further, he stated if there is any deviation from the approved transportation plans, it would create another opportunity for formal input by Council. Mayor Umstattd pointed out that these are just opportunities to comment, as the Council has no legal authority with regards to this master plan. Council Member Hammier pointed out that if the goal is to minimize land purchases, need for additional land could be reduced by consolidating uses. Mr. Brown asked that Council understand that this is not the government center and the reason that this is sprawled is the uses are client based with very specialized clients and in some cases, State Code requires the distances between them. Vice Mayor Wright noted that the plan shows one office building. Mr. Brown noted that until Miller drive can be removed, the plans will show only one office building. Vice Mayor Wright questioned whether all the buildings for the juvenile facility will be built at the same time. 5lPage Council Work Session February 7, 2011 Mr. Brown stated they will be built separately. Vice Mayor Wright questioned who would be responsible for the missing link between pieces of Crosstrail. Mr. Brown noted that area is owned by the Hunter Trust. Vice Mayor Wright stated it would be interesting to Council if there is a known timeline to generate the missing link. Council Member Martinez questioned who will be providing water and sewer facilities. Mr. Brown stated the town will provide utilities through the airport lift station until the lower Sycolin station is provided. Council Member Dunn left the meeting at 9 p.m. Council Member Martinez expressed his preference for a six -lane Crosstrail. Mr. Castellow noted that county staff will be designing Crosstrail to the CTP, which shows six lanes, until such time the plan is amended. He stated that the number of lanes may not be warranted by traffic volumes and funding will not be available, but six -lane right -of -way including trails on both sides have been reserved. Mayor Umstattd agreed with Council Member Reid that taller buildings on smaller footprints would be more desireable. She questioned the landscaping and buffering and questioned what type of security would be installed. Mr. Brown stated the current alignment shows the front of the juvenile detention building facing the neighborhood with secure areas and outdoor recreation areas down near the stream so the detainees would be in the back of the building. He stated they will comply with all required planning and zoning buffers without modification. He stated they want to have public input meetings and invite neighborhoods and homeowners associations to hear what type buffers they are interested in. He noted that an updated plan will be available by time of the neighborhood meeting. c. Transportation Links Susan Berry Hill summarized that a town plan amendment that removed the Keystone Drive overpass over Route 7 as well as the overpass for Russell Branch Parkway over Battlefield Parkway was approved several weeks ago but during the discussion, property owners of the Six Seven Corporation 6 1Pa,ge Council Work Session February 7, 2011 expressed some concerns about how this might affect access to their property. She stated that at the time, the property owners urged staff and the Planning Commission and Council to see if they could include some access changes to the northeast quadrant of Battlefield and Route 7. She noted that Mr. Bunch proposed some access changes for Council to consider but they are dependent upon the interchange design for Battlefield and Route 7. She stated that Mr. Bunch and Mr. Kitka proposed a single point diamond but the interchange needs to be looked at in more detail to see what types of access can be planned for their property. She introduced Jim Zeller from VDOT. Council Member Butler questioned why a single point diamond has been proposed. Ms. Berry Hill stated this type of intersection requires less right -of -way because it is more compressed with the ramps in closer proximity to the overpass. She noted the positioning of the ramps could have an effect on where the Six Seven Corporation can have their entrance. Further, she stated that VDOT has said it would entertain a diamond configuration, but there are a number of types of diamond interchanges. Council Member Hammler questioned whether the single point interchange in use at Route 7 and Loudoun County Parkway has been analyzed yet. Mr. Zeller stated it is working so far so good; but the characteristics at Loudoun County Parkway are different than at this location which is why each location needs to be analyzed separately. He stated the real acid test is not how an improvement performs the day it opens, but a facility that can accommodate the expected traffic 20 years after opening. Council Member Hammier questioned the funding for this interchange. Mr. Zeller stated it is not in VDOT's Six -Year plan. Vice Mayor Wright questioned why the alignment of Keystone takes it through Tolbert elementary school property. Ms. Berry Hill stated it is a proffered road and the school proffered alignment and construction and this might be something the town wants to hold on to but that does not preclude Mr. Bunch and Mr. Kitka's proposal. Vice Mayor Wright stated that the only impediment to development is recommendation by VDOT as to type of diamond interchange that would be acceptable. 7IPage Council Work Session February 7, 2011 Mayor Umstattd questioned what would happen if Mr. Bunch builds his road. Ms. Berry Hill stated the concern is that the town does not want to preclude what could happen at the interchange down the road. Mayor Umstattd asked if there is any statutory prohibition to allowing Mr. Bunch to build his road. Mr. Wells stated that VDOT controls the designs on Route 7. Mr. Zeller stated that VDOT cannot approve an interchange design that does not provide an acceptable level of service at 20 years out because Route 7 is planned to become a limited access facility, although at this time, there is no formal resolution of the Commonwealth Transportation Board designating it as such. Further, he stated that this portion of Route 7 is part of the National Highway System, which gives it a higher level of importance and scrutiny than other roadways and also includes intersecting side streets. Vice Mayor Wright stated that of the four quadrants of this interchange, only one has been approved by VDOT and the town has a responsibility to review this property owner's proposal. Council Member Reid questioned whether VDOT had any comments when the town removed Keystone from the Town Plan. He questioned whether anything in the law prohibits the town from showing the right of way for this access road in the Town Plan. Ms. Berry Hill stated the proposal forwarded by Mr. Bunch and Mr. Kitka is for a local road and local roads are not shown in the Town Plan. Council Member Butler stated he expects that VDOT has the foresight to be looking the divergent diamond interchange as it can handle 60% more traffic. He questioned why they cannot just plan for the diamond interchange with the largest impact. Mr. Zeller stated it is possible that no diamond configuration interchange will be able to handle the traffic 20 years out, in which case a different type interchange would be necessary. Vice Mayor Wright stated this property owner would like a road alignment to be considered that will not directly intersect with Route 7. He questioned how the town can consider the road alignment as there is no schedule or funding for VDOT to determine the ultimate construction of a future diamond interchange. He questioned how the review for this can be completed in a timely manner. 8 1Page Council Work Session February 7, 2011 Mr. Wells stated he does not feel that a Town Plan amendment is necessary. He stated it does not provide any greater certainty for the property owners. He stated as the Town Plan shows a diamond, if the plan came forth for staff review at this time, staff could take the worst case scenario of a diamond footprint as the basis for review. Mayor Umstattd stated she does not feel that Mr. Bunch should be denied the right to develop his property for 20 years while we wait for VDOT to have the money to study this intersection and she does not feel that Mr. Bunch should be required to pay for a study for this intersection. Further, she noted that Mr. Bunch is willing to pay for construction of the access road, so Council should make sure that this can go forward. Mr. Wells questioned whether there are any financial implications for the town if Mr. Bunch is allowed to go forward. Mr. Zeller stated he is unaware of any. He stated that VDOT will have to deal with the interchange when the funding becomes available. Bob Bunch stated they are proposing a street that is the same distance from the intersection as Russell Branch is on the south. He stated whatever calculations were used to locate Russell Branch on the south side, should be used on the north side. He stated they did a study about 2 1 /2 years ago through Gorove Slade, which was a volume analysis, and resulted in VDOT going back and reconsidering their traffic volume forecast. He stated the turning volumes requiring the northeast quadrant loop are far below those originally estimated. Mr. Kitka stated this proposed local road has the potential to serve all the properties in the northeast quadrant and will benefit the town. Mr. Bunch stated this road could be considered Keystone relocated and the alignment through the school property could be eliminated, but they are comfortable with either option. d. A -Frame Signs in Commercial Districts Wade Burkholder stated a year ago, Council adopted a zoning ordinance text amendment, which made A- Frame /Sandwich board signs a viable sign type for business communities outside the H -1 Old and Historic District. He stated they were already viable sign types within the H -1. He stated within that ordinance amendment there was language that stipulated a time limit of January 26, 2011 and would automatically renew unless the Town Council had repealed the applicable section of the zoning ordinance to eliminate A -Frame signs as a permitted sign type. He stated he is asking for guidance as to whether the Council would like to continue this sign type. 9IPage Council Work Session February 7, 2011 Council Member Butler questioned why Council needs to do anything as the time limit was for repeal, which Council has not done. Ms. Irby stated she believes the intent of the language was to be self limiting to give Council the opportunity to make an adjustment. It was Council consensus that a motion or resolution to affirm would be brought for the Consent Agenda at tomorrow night's meeting and the language would be cleaned up for the next batch of Zoning Ordinance amendments. Mr. Burkholder stated the second part of this issue is dealing with A- Frame signs in the downtown. He stated there are a number of A -Frame signs that are placed in the public right -of -way making it difficult for pedestrians to get by them. He stated information regarding proper placement is part of the overall education effort since the passage of the new sign ordinance. e. Redistricting (Reid) Council Member Reid stated he put a draft letter in the agenda packet and Council Member Butler made a few corrections. Council Member Hammler stated she has no problem with the Council weighing in on the county's redistricting. She stated she appreciates the view point of the Mayor, that by splitting the town into more than one district, there may be more opportunities for representation; but on the other hand, there is something to be said for having one district because it simplifies town elections and makes the town a cohesive neighborhood. Vice Mayor Wright stated he supports trying to get Leesburg into one district; however, the bigger concern is voting precincts in case the elections move to November. He stated the challenges are that the census numbers came in too high for a single district. There was discussion regarding the Census counts and the size of districts /precincts. Council Member Reid stated he would made changes to the draft letter and bring it back for Council review. f. Boards and Commissions Follow -up Kaj Dentler stated summarized the comments made at the Boards and Commissions meeting two weeks ago. Council Member Butler stated it would be a good idea to have a retreat type meeting in May after the budget is adopted and use these comments as discussion points. 101Pa ge Council Work Session February 7, 2011 Council Member Hammler stated there was a lot of positive feedback from the meeting and she expressed a desire to do this type of meeting again. She stated that anything budget related should be taken care of prior to that. She stated she would like to see a methodical scheduling of an annual all commissions meeting and determine how to get one on one time with each commission. Vice Mayor Wright stated that not all items need Council direction, but need Council not to have an objection. He stated the only ones that need some action would be those associated with matching grant funds and the Tree Management chart, which will require some staff time. Council Member Martinez suggested following up on the public service announcement videos and have this joint meeting annually. He stated the Council cannot get the way of the commissions, but that does not mean Council cannot have input. Council Member Reid stated it is a good idea for the Council to issue a resolution or a request to a commission because it means it is priority over other commission activities. Mayor Umstattd stated when the Planning Commission was looking at the T- Mobile application, she did not feel the town had the type of expertise available that it should have had. She stated none of the planners understand the technology of cellular phones. She stated the Tech Comm was not included in the process, so the Planning Commission had to rely on T- Mobile's expertise. She questioned if there is some way to make sure that items like this are referred to the corresponding Board or Commission. 2. Items for Future Council Meetings Council Member Reid recommended a resolution or some kind of action, based on the meetings in Richmond, to add all of the sections of Battlefield Parkway between Evergreen Mill Road and U.S. Route 15 into the CIP. Mr. Wells stated this can be added to tomorrow night's Consent Agenda. Further, he noted the redistricting letter will be modified as per Council's comments. Council Member Butler stated he would like to have a conversation with staff regarding Hope Parkway as some stop signs may be necessary either at Park Gate or Burnell. He stated when they put the crosswalk at the corner of Burnell and Oak, that they put it on the wrong side of the intersection. Mr. Wells stated this can be dealt with off line. 11 'Page Council Work Session February 7, 2011 Council Member Hammler stated there is an enormous amount of trash and litter generated by smokers. She questioned if it would be possible that some portion of the increased cigarette tax be allocated for clean up. Council Member Martinez requested consideration of adding more out of town representatives to the Utility Rate Advisory Committee, specifically representatives of the Citizens for Fair Water Rates group. Council Member Reid requested a thank you letter to the Governor and VDOT for the Sycolin Road flyover funding. Mayor Umstattd stated as per Town Code, the majority of Planning Commissioners have to be town property owners. She questioned whether the Council should reconsider this requirement so as to allow renters. Council Member Reid suggested looking at these and other commission issues after work is completed on the budget. 3. Closed Session Mayor Umstattd made the following motion: Pursuant to Section 2.2- 3711(A) (3) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for the purpose of receiving updated information with regards to the potential purchase of the property at 1 Country Club Drive, SW. The motion was seconded by Council Member Reid and passed by the following vote: Aye: Butler, Reid, and Mayor Umstattd Nay: Hammler Vote: 3 -1 -3 (Martinez, Wright and Dunn absent) The Council convened in closed session at 10:37 p.m. The Council reconvened in open session at 11 p.m. Mayor Umstattd made the following 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. 12 1Pag Council Work Session February 7, 2011 The motion was seconded by Council Member Martinez and approved by the following vote: Aye: Butler, Hammler, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 6 -0 -1 (Dunn absent) 4. Adjournment On the motion of Council Member Martinez, seconded by Vice Mayor Wright„the meeting was adjourned at 11:00 p.m. Clerk of Council 2011 tcwsminO2b7. 13 1 Page