Leesburg Town Council voted to move the official zoning map and zoning ordinance for the Crescent Form-Based District to the date on or before July 31, 2013 in order to develop the plan for the area with a 6-0-1 vote with Council member Tom Dunn absent.
“We need to take care of the housekeeping item which is not have the current code automatically go into effect on March 1 on a date we won’t be ready for it,” Vice Mayor Kevin Wright said. “This is also allowing us the time to figure out what we are going to do. Either work with the current code or implement the hybrid code. I think this gets us the benefit of time. We don’t want to force something through and not be ready and cause more of an adverse effect when we are working to push this through to create a benefit.”
Leesburg Town staff addressed council during their Jan. 6 work session to propose a new plan for the Crescent District just southeast of Historic Downtown.
Form-based code was first approved in February 2011 with an enactment date of March 1, 2012, but staff is facing a problem with council unable to decide on a plan for the Crescent District and the enactment date needs to be pushed back.
Staff approached council with a plan on Nov. 14, 2011, that worried members from a cost standpoint - $35.5 million for the proposal.
“[The] delay in enactment was due to a last act and time to work on some implementation issues. We knew we had to marry up the zoning ordinances and we needed to do some master planning work for some utility planning, transportation planning, storm water management planning and so forth to assure that we would get to a point where we felt comfortable enough to adopting the Form-Based Code and in the long run our infrastructure could support that,” Susan Berry Hill, director of planning and zoning for the town, said.
“In last fall, as we were working on these implementations questions, and worked on what it would cost in terms of infrastructure, roads, storm water and that’s what we presented to you on Nov. 14. We came up with some pretty big number and council is very concerned about those numbers,” Berry Hill continued.
Form-based code is a plan that has urban-style development through a mix of uses. It also factors in how buildings relate to the streets and sidewalks, something that’s different from the existing zoning planning for Leesburg. Form-based code places primary emphasis on the physical form of development, with lesser emphasis on land use.
The code gives specific restrictions of what building heights, frontage distances and uses are acceptable in 81 parcels comprising the southeastern corner of the historic district to East Market Street, from the western line of Harrison Street, south to Catoctin Circle and the properties fronting East Market Street east of Catoctin Circle.
As for the cost concerns, Berry Hill said it would be a share of funds between the public and private sectors.
“We would like to see [a] majority of that infrastructure cost coming from the private sector,” Berry Hill said. “However, there may be times where the town needs to step in and pay for the road costs in order to make the road connections work.”
In the November meeting council asked staff to implement two initiatives: to find a way to implement form-based code over time that doesn’t over-commit the town, and to find a way to extract certain parts of the form-based code and focus on building design, street scape and site design without reliance on a regulated map.
Staff proposed on Jan. 9 a hybrid approach to form-based code after having two meetings with the Crescent District Form-Based Code Steering Committee on Dec. 12 and Jan. 4.
“Basically that takes those elements, the site design, building design, street scape improvements and uses what we’ve already developed in the Crescent Form-Based District, that language, and tries to incorporate it into the B-2 District,” Berry Hill said. “So it would be amending the B-2 District not coming up with a new Crescent Form-Based District.”
“The bottom line is there was general consensus that the hybrid could work and it was a practical approach in implementing the Form-Based Code,” she continued. “However the steering committee has some recommendations that they would make.”
According to Berry Hill, there are two major differences from the Crescent Form-Based District and the hybrid – there’s no regulating map and there would be no height increases, meaning the town would rely on the 45-foot height regulations for less density. The B-2 District in Leesburg is larger than the Crescent District.
“This hybrid takes the standards that are developed as a part of the Crescent Form-Based District and inserts it into the B-2 zoning district to create a more urban style site layout,” Berry Hill said. “The B-2 is chosen because it comprising most of the area in the original area of the Crescent District master plan area outside of the Old and Historic District and includes areas along Market Street that were also considered by the steering committee.”
Chris Murphy, zoning administrator for the Town, listed what the hybrid approach would do in the B-2 District.
Hybrid site design
-build-to-line
-side yard setback
-rear yard setback
-parking setback line
-minimum percentage of building must occupy to build-to-line
Building design elements
-single-family attached/townhouse buildings
-multiple-family dwellings
-general urban buildings
-storefront buildings
-drive-through windows
-auto service buildings
-civic and institutional buildings
-parking structures
Council brought up two concerns about the hybrid approach – eminent domain and height regulations.
“There was an amendment at the state level that would severely limit localities ability to exert their power of eminent domain for economic purposes,” Berry Hill said. “This is a big concern for the town, this was one of the items included in our legislative package to see if we could change that. There was concern on the part of our town attorney as well as staff that if we have a regulating map and a developer cannot make those lanes for whatever reasons, if the town had to step in and do that under this proposed constitutional amendment that might be a problem for the town.”
Council would have to amend the hybrid approach to lift the height regulation. According to the input committee, there should be a height increase to allow building heights up to five stories (70 feet) on Catoctin, Harrison and East Market and lower heights of three stories (45 feet) on other streets.
Town attorney Jeanette Irby said council needs to make a decision by the Jan. 10 meeting in order to move forward with setting up public hearings for residents, either on form-based code or the hybrid form. Either way, the date of March 1 will be pushed back because council has yet to decide.
“We can’t seem to make up our mind on which direction we might go. I support the form-based code strategy but we keep changing our minds,” Council member Marty Martinez said. “I’d like us to come together with something and I would love to support form-based code and I would love to support whatever council agrees to. But, until I think we get a consensus I think we need to slide the date. I’m not feeling very comfortable with the changes. I don’t mind the hybrid, it’s just that what happens if someone on council decides that they don’t like it and let’s do something else.”
Martinez proposed during the Jan. 10 meeting that the town hold seminars for possible business owners interested in the district in order to inform them of the new plan and get their input.
I decided to turn over a new leaf - yeah gads, look at that. It’s Tom Dunn in the muck. Maybe I’ll just put that leaf back down on the ground. No one should have to see Tom Dunn, especially the children.
You guys that oppose these changes need to show up at the zoning change hearing. It is imperative to participate in the process and show facts demonstrating why you are correct.
Hi, Brad! How’s Barbie doing, at the beach today? I suspect you will be getting your hair tinted today, as well. Anyway, Dave Butler lies, lies, lies. And Tom Dunn files false campaign finance forms. Opinion, or fact? Just read Dave Butler’s postings here, and you can see that he is lying, lying, lying. This program will cost the Town of Leesburg $35,500,000.00. END THE MADNESS!
Laugh - Maybe you should put up a website with all your evidence of corruption. You don’t seem to work (post all day), so maybe you can do something constructive with your time.
Yeah, yeah, yeah. You probably think I am Tom Dunn or Dave Butler. Those guys take time out of their day to respond to you all the time.
Dave Butler has already proven he lies. From what has been reported, town staff stated the $35,500,000.00 amount. So, the question that comes to mind, is what developer has Dave Butler in his back pocket.
P.S. The eminent domain constitutional amendment is also a red herring, at least as far as comparing the standard FBC with the hybrid approach. Details are long and exhausting, but in summary, the amendment would affect every public infrastructure project funded by a locality regardless of the zoning.
@Shawn - The staff presentation said that while it’s the plan to have developers pay for the entire infrastructure within the FBC district, in “real life”, it often ends up being a shared cost. The entire cost of the infrastructure within the proposed district is $24.7M plus easement costs ($35.5M best guess total.) So, if no developers wanted to redevelop and the Town still wanted the additional roads, etc., then the Town would have to pay $35.5M. There’s no chance of that happening.
Staff proposed that Council spend $7.7M + easement costs ($11M best guess total) on a capital project to get ahead of the development so that we would be assured that items like the stomrwater management would be cohesive. If the Town doesn’t, then each parcel would have their own stormwater ponds. One option is for the Town to pay for a road or catch pond and then “assess” each parcel as they’re redeveloped to pay their share of that infrastructure.
Either way, we can easily move forward with the FBC district now, and then decide, years from now, what projects the Town may or may not want to fund.
The fact that the newspapers read the presentation as “the Town needs to pay $35.5M” is one of the problems I had with it. There’s much more detail in the staff report which I would be happy to send to anyone (as it’s a public document anyway). dbutler@leesburgva.gov
@DaveButler: I’ve no problem with the $11.5 million *if* we have developers that are willing to buy—I don’t want to cough up $11.5 million in the hope that some nice developer might consider us *if* we give him 10 years’ tax breaks, etc.
But the article does flat-out say the staff would cost the Town $35.5 million”—is the article flat-out wrong?
Hey as the local rag, why have you not covered this story as the Washington Post has?
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The main problem with the hybrid approach is that the Town will end up paying for almost all of the infrastructure. It’s more liely to get developed (cheaper for developers), but much more likely to create traffic and stormwater problems that the Town will need to end up fixing. Basically the “hybrid” approach is the same as the way we’ve always done business, except that developers will get a much higher density in exchange for putting their building closer to the street. I’m not in favor of this approach.
The $35.5M is a complete red herring. There was no $35.5M proposal. The Town is not required to put in any money at all. Worse-case is that developers won’t want to redevelop the area unless the Town kicks in money for roads and stormwater management. The most likely scenario is about $11M from the Town over a 15-20 year period. We would get higher tax revenue as well as better traffic flow.
Right now it’s a number of light industrial, some retail (Toll House and whatever shopping center Mama Lucci’s is in), some banks, and the shopping center ... it’d be more valuable under this code, what with the potential to create a massive multi-use development within walking distance of historic Downtown Leesburg, but how much so I don’t know.
The $35.5 million doesn’t make me blanche on the very first sight, but I’d like to see the timeframe over which this money is spent, the percentages of public/private funds needed, and what’s planned to go up. If it’s $35.5 million over 10 years for studies and work that has to be done before developers will even consider the area, that’s not good in my book.
But if it’s $35.5 million that can be spent piecemeal as developers buy chunks of the the Crescent District and then need improvements, that’s okay. For example, if someone buys the area between Harrison, Catoctin, and the trail and plans to put up a Market Station x 3 + condos/THs sort of development that’s appropriately respectful of Lesburg’s history ... I’m not going to quibble over the Town putting up a couple million dollars and the developer putting up a few million more to get sidewalks, drainage, etc., put in that area.
(I also suspect opposition to ponying up the money might evaporate when a actual developer shows up with actual plans for some 10-15 acre block of land, when we get something other than a giant question mark
I can see some squawking when they move to redevelop the trailer park, though. But is anyone really that attached to the Toll House Center?
$35.5 million - YOU CANNOT BE SERIOUS!
STOP IT NOW!!!!!!!!!!!!!!!!
So, Tom “The Accountant” Dunn wanted the Loudoun County Planning Commission. And what does the citizens of Leesburg get in return. Tom “sock drawer” Dunn not showing up to a council meeting. Resign, Tom Dunn, just resign, you sad little man.
Yeah, but this is not Loudoun we are talking about. This is the Town of Leesburg. And, the Town of Leesburg cannot afford a $35,5000,000.00 project cost program. STOP THE MADNESS.
I would like to commend Loudoun on its approach to zoning. A lot of the places in Loudoun are comfortable for pedestrians, which is rare these days. I recommend that surrounding counties pay attention to what Loudoun is doing.
$35,500,000.00. You have got to be kidding. $35,500,000.00! NO. NO. NO. Stop this NOW.
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