Jlus implementation Committee Meeting Lakeside Offices Jane Jacobs Conference Room May 13, 2011

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JLUS Implementation Committee Meeting

Lakeside Offices

Jane Jacobs Conference Room

May 13, 2011

9:00 -11:00 AM
Members Present: Vice Chair Sarah Cavitt, Thomas Aylward, Nell Johnson, Redell Duke, Michael Graziano, Jeanette Musil, Julie Woepke and Desmond Serrette for Donna Edwards

Members Excused: Chairman Howard Stone, Brad Frome for Paivi Spoon, and Leon Turner

Members Absent: Brian Dolan for Col. Lee DePalo, Wanda Plumer, James Estepp, Fred Harley, Thomas V. Mike Miller and Rick Parker

Public Present: David Humphrys (US Air Force), Joseph Conte (Conte Warehouse LLC), Chris Kelly (Kelly LLC), Sean Bruce (DDC, Inc.), Elijah Thorne (Grayhound Trash Removal), Denise Douglas (EXIT Advance Realty), Strong Ashbell, Judith Ramsey, Larry Young, Jim Mills, George Tate, Victor Blank, and Chris Hatcher (RLLS)

Staff Present: Cynthia Fenton, John Wooden, Ray Dubicki, Gena Tapscott, and Martin Salmon

Agenda Item

Discussion/Agreed-Upon Actions

Welcome / Administration

The May 13, 2011 meeting was called to order at 9:05am by the Vice-Chair.

Introductions were given my Committee members, staff and the public.

Public Participation

Public participation took place as part of the primary presentation.

Review of schedule for proposed legislation

Staff presented a PowerPoint on the schedule for Legislation. The schedule is as follows:

  • May - Introduction of MIOZ

  • June – Noise

  • July – Height

  • August – Safety

  • September – Cleanup and administrative provisions

  • October – Draft MIOZ legislation

  • November & December – Public Outreach

  • January – Presentation of legislation before Planning Board and Council

Introduction to Overlays and MIOZ

Staff continued the Powerpoint to explain:

  • a description of overlay zones,

  • the structure of proposed draft legislation,

  • goals of the MIOZ,

  • The elements that need to be regulated (height, noise and safety zones),

  • Tools for regulating,

  • Outstanding questions for the committee to consider

Staff emphasized that determining the threshold for transitioning existing buildings and uses is the crux of the issues that the Committee will discuss. A committee member noted that the question is whether we just need to make tweaks or recommend something more major.

The PPT generated several questions:
Are there undeveloped areas that will be affected by the legislation? Staff will identify vacant properties in the noise zones
A committee member suggested looking at recent development review approvals for Westphalia to see how noise was considered, then look at what resources are available to assist residents and business owners. Staff will research resources for aid, and use provisions of Westphalia approvals as a baseline.
A property owner indicated that noise is indeed a problem and asked if resources would be available to help defray the cost of noise attenuation. Staff indicated that the Committee will be looking into funding sources as recommended in the JLUS.
A committee member asked if the air rights were identified on the clear zone properties. The representative from JBA described the types of air rights (height to ground; height to plane) and indicated that easements of record identify the restrictions on each parcel. These are still being researched and the findings will be presented at a future meeting. (likely July, with other Height issues) A member of the audience asked for a definition of air rights. The Vice Chair clarified that some of the easements purchased had use restrictions on the properties, others had height restrictions.
The Vice Chair opened up the meeting to the public to discuss the noise component of the MIOZ. Questions raised by the public included:

    • When were the noise guidelines last updated? Are we working with current guidelines?

    • What exactly is in the clear zone (staff responded that the information is found in the JLUS, copies of which were provided to the clear zone property owners in the audience) It was noted that some properties have changed ownership or improvements have been made since the release of the study.

    • Will the MIOZ affect Suitland Parkway?

    • Question raised by a committee member:

    • Do we have to have a moratorium during the legislative process to ensure fairness to everyone but accomplish what we need to accomplish?

Comments by the public included:

    • The clear zone needs to be clear. (The Vice Chair indicated that the Committee would like to see it clear, the question is how to best accomplish that without creating a hardship and keep businesses in the County.)

    • Noise is definitely a problem. (The base planner will provide contact information for noise complaints).

Specific concerns from property owners in the clear zone which they would like addressed at future meetings include:

  • How the purchase price will be determined, and whether it will include Goodwill

  • Whether their debt will be paid in full, and

  • Whether there will be

    1. new loan considerations

    2. relocation considerations

    3. tenant considerations

    4. considerations for business expansions

    5. business & building permit processing considerations

    6. and whether there will be considerations for tax & attorney consultations

The Vice Chair indicated that these issues will not be addressed until we have progressed much further.

The general question discussed was how to achieve that balance between property rights and protecting the health, safety and welfare of those living or working in the safety zones. One property owner indicated that even if he gets bought out that he still has to go through a number of processes to get a new business going.
The Vice Chair explained that the specifics can always be negotiated. The committee would expect that resources to assist property owners in the clear zone will be available.
It was clarified for the property owners that currently, nothing in the clear zone is impacted; we are just studying what needs to be done. However, the desire is to clear it. Property owners will be compensated. In the APZs there will still be permitted uses; however, the goal is to limit density to minimize the number of people concentrated there without creating a hardship to the business.

Information Sharing

  • Presentation by Jim Estepp

Presentation by Jim Estepp was postponed. He will give a presentation on the business Roundtable at a future meeting. Staff will follow up.

Next meeting will be June 10, 2011 @9:00 at Lakeside.
Ms. Cavitt announced that it may be her last meeting as Vice-Chair due to appointment of new members of the Planning Board.


Vice – Chair adjourned the meeting at 10:35am.

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