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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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