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HomeMy Public PortalAbout2007_11_27 COUNCIL MEETING November 27, 2007 Council Chambers, 25 West Market Street, 7: 30 p.m. Mayor Umstattd presiding. Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd. Councilmembers Absent: Council Member Martinez absent. Staff Present: Town Manager John Wells, Deputy Town Attorney Jeanette Irby, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public Works Tom Mason, Chief of Police Joe Price, Director of Planning, Zoning and Development Susan Swift, Director of Economic Development Betsy Fields, Chief of Engineering Bill Ackman, Zoning Administrator Brian Boucher, Zoning Planner Wade Burkholder, Preservation Planner Annie McDonald, and Deputy Clerk of Council Debi Parry. AGENDA A. Invocation by Council Member Hammier ITEMS B. Salute to the Flag was led by Vice Mayor Horne C. Roll Call showing Council Member Martinez absent D. Minutes a. Regular Session Minutes of July 10, 2007 On a motion by Vice Mayor Horne, seconded by Council Member Wright, the minutes of the July 10, 2007 regular session were approved by a 6-0-1 (Martinez absent) vote. E. Presentations None F. Petitioners The petitioner's section opened at 7: 31 p. m. Susan Lamb, 707 Wage Drive, addressed the issue of speeding in her neighborhood. She stated the problem stems from Emmet Court and the motorist's failure to stop at the stop sign and failure to yield at the sign in front of Wage Radio. Mayor Umstattd stated the Town Manager mentioned a conversation he had with Ms. Lamb and is working to address the issue. Mr. Wells stated the issue has been added to the Standing Residential Traffic Committee's agenda for December 3. Council Member Reid invited Ms. Lamb to attend the meeting on December 3. Joseph McMurrer, 407 Mosby Drive, stated the Leesburg Today reported the Board of Architectural Review (BAR) appeal for the Loudoun Street Fire Station was signed by 44 people, five of whom do not live in the Town. He stated according to the article the appellants are concerned with the BAR's decision to approve this Town Council Meeting of November 27, 2007 Page 2 application despite staff's recommendation of denial. Further, he stated if the BAR is supposed to be a rubber stamp for staff then it should be disbanded. Donald Phau, 49D Prosperity Avenue, asked Council to consider endorsing the Homeowners and Bank Protection Act. He stated this is legislation to be presented to Congress in an attempt to freeze home foreclosures. Further, he stated 15 cities have endorsed this legislation in the past month, including Newark, NJ and Pittsburgh, PA. Stan Kzrol, 117 Catoctin Circle, also spoke to the foreclosure situation stating there is nothing the Town of Leesburg can do as the Town of Leesburg; however, the Town can contribute to the support of this legislation to get Congress to act. He stated it has now been generally recognized that there is a crisis of the global banking system. Further, he urged Council to endorse the Homeowners and Bank Protection Act. The petitioner's section closed at 7:48 p.m. G. Public Hearing a. TLSE-2007-0004 - North Street Senior Center The public hearing opened at 7:48 p.m. Council Member Reid stated he supports this application; however, he will recuse himself from the discussion and vote as his wife is the Director of the Area Agency on Aging. Wade Burkholder stated the applicants, the Loudoun County School Board and the County of Loudoun, are requesting approval to permit a 9,815 square foot senior center use at 102 North Street, NW. He outlined staff's recommended conditions and stated staff and the Planning Commission recommend approval of this application. Vice Mayor Horne asked why the County has been asked to provide the bus shelter pad and has not been asked to help pay for the proposed bus shelter. Mr. Burkholder stated the request for the bus shelter pad was proposed by the Capital Projects Management Department. He stated he can discuss a possible partnership on the bus shelter with the applicant. Council Member Hammier concurred with Vice Mayor Horne's comments. She stated this is clearly a wonderful amenity for the residents and verified there are no other hidden costs for the Town. Council Member Wright verified Condition Six would be satisfied if the applicant is granted a landscaping waiver by the Planning Commission. Alexis Beck, architect for the applicant, addressed Council. She outlined proposed improvements to the lighting, landscaping and traffic conditions and various upgrades to comply with American with Disabilities Act (ADA) requirements. Further, she stated the upper floor will house the senior center and library administrative offices and the lower level will continue to Town Council Meeting of November 27, 2007 Page 3 house the County's emergency communications center as well as the rest of the senior center. Council Member Burk verified the senior center will be 19,800 square feet. Further, she verified the County plans to permanently house the library administrative offices in this building. Council Member Hammier stated she will be proposing an edit to the resolution to change the language from "reuse of a historic building" to "improvement of a historic building". Further, she stated this application has already received Board of Architectural Review (BAR) approval; and asked if further improvements to the exterior of the building proposed. Ms. Peck stated improvements to the exterior include cleaning the brick, updating the metal cornice, repainting, and replacing all of the windows. Council Member Hammier asked when the building would be complete. Sharon Hodges, Loudoun County, stated construction is anticipated to take eighteen months. Council Member Hammier asked if the building includes a stage and theatre use. Ms. Peck stated there will be a smaller retractable stage in the multipurpose room on the upper level. Council Member Hammier asked if the County would support the addition of a condition that the County construct the proposed bus shelter. Ms. Hodges stated that condition can be added to the approval. Council Member Wright verified the replacement of the half circle window over the western most south entrance has not yet been resolved. He asked the funding source for the bus shelters. Mr. Wells stated the bus shelters are primarily funded by local dollars with some assistance by the Virginia Regional Transit. Barbara Kavlor, Senior Center Relocation Committee, stated she is very excited and hopes Council approves this application. The public hearing closed at 8: 18 p.m. On a motion by Council Member Hammier, seconded by Vice Mayor Horne, the following motion was proposed: 2007-172 RESOLUTION Approving Special Exception TLSE-2007-0004, North Street Senior Center, to permit a 19,815 square foot senior center at 102 North Street, NW Town Council Meeting of November 27. 2007 Page 4 Council Member Hammier proposed amending the second paragraph to state "Whereas, the improvement of a historic building in the Old and Historic District preserves and reinforces the character of the Town." Further, she proposed an amendment to Condition Five to state "A bus shelter with concrete pad is to be constructed at no cost to the Town by the applicant". Council Member Wright stated there is a specific bus shelter approved by the BAR and suggested that we request County funding for the bus shelter as opposed to construction of the bus shelter. Mr. Wells suggested the Town construct the bus shelter with County funding. The amended motion was approved by the following vote: Aye: Burk, Hammier, Horne, Wright and Mayor Umstattd Nay: None Vote: 5-0-1-1 (Reid abstaining and Martinez absent) b. TLHP-2007-0030 - Loudoun Street Fire Station Appeal The public hearing opened at 9:21 p.m. Brian Boucher stated in hearing this appeal, if Council feels the BAR decision was neither contrary to law, nor arbitrary, nor constitutes an abuse of the BAR's discretion then Council must affirm the decision of the BAR. However, if the Council finds the BAR did act contrary to law, were arbitrary or did abuse their discretion, then Council may overturn the decision of the BAR. Further, he stated the staff recommended denial of the application based on site planning, massing, proportion, scale, and rhythm and balance. Mr. Boucher stated the application was approved by the Board of Architectural Review on September 17. Dieter Meyer, BAR Vice Chairman, suggested Council allow the appellant to give their presentation first then hear from the BAR. Mayor Umstattd stated she would prefer that the BAR give their presentation first. Council Member Hammier asked why these appeals are not heard by the Courts or Board of Zoning Appeals. Mr. Boucher stated Council's role is to look at the information and decide if the BAR acted within the scope of their authority. Council Member Hammier asked the role of the Planning Commission in this application. Mr. Boucher stated the Planning Commission has no role in this application as this is a straight BAR decision. He stated the construction is by-right and the building is located within the Historic Overlay District. Mr. Meyer addressed assertions in the appeal document including; (1) the appeal states the BAR met with the applicant several times requesting Town Council Meeting of November 27. 2007 Paqe 5 that the building be scaled down; however, while members of the BAR did express that opinion, no formal vote was taken to require such measures; (2) the appeal states the project does not meet the design guidelines for site planning, massing, proportion and scale, and rhythm and balance; however, that was staff's position and it is not the role of the BAR to rubber stamp staff's position; (3) the review of the BAR meeting minutes shows no compelling rational to justify the disregard of the design guidelines listed above; however, the BAR majority did not disregard the design guidelines, rather we interpreted them to the best of their abilities based on the evidence that was presented; and (4) regarding the location of the building on the site, the Zoning Ordinance required the building be placed at that location on the site, so the BAR had no authority over this issue. Council Member Burk asked if the Planning Commission will review this application. Mr. Boucher stated this is a by-right use; therefore, the only opportunity for Planning Commission review is if a joint parking agreement is drafted to comply with the parking space requirements. Council Member Hammier verified the building height meets the Zoning Ordinance requirements. She stated one of the specific scopes Council can examine is if the BAR's decision is contrary to the law and asked if the Town Attorney will provide an interpretation. Jeanette Irby stated after all parties have been heard from she will advise Council as to whether the BAR's decision was contrary to law. She stated Council may reverse or revise the decision in whole or in part. Council Member Wright stated the parking issue and the request for buffer modification will be addressed during the site plan review. He asked who would make the decision on the buffer modification. Mr. Boucher stated a review of the BAR meeting proceedings have made it clear that their decision included granting the buffer modification. He stated according to the Zoning Ordinance, the Land Development Official has the ability to grant buffer modifications in the Old and Historic District and must have a recommendation of the BAR. Further, he stated in the most cases the Land Development Official will follow the BAR's recommendation. Council Member Reid asked if the appellants are contesting the demolition as well as the design of the proposed building. Annie McDonald stated the building was determined by the BAR to be a non-contributing resource in the Historic District. She stated it is not her understanding that the demolition of the existing building is being contested. Doris Kidder, 214 Loudoun Street, stated she is one of the appellants in the case. She provided her background regarding zoning and environmental matters in Fairfax County. Further, she introduced Neil Steinberg, Richard Koochagian, and Steve Kambly. Town Council Meetinq of November 27. 2007 Page 6 Neil Steinberg, 214 Loudoun Street, provided a presentation on behalf of the appellants. He stated it is the goal of the appellants to consider the application based on its merits as defined by the guidelines set forth by the State and Town. Further, he stated the appellants believe the decisions of the BAR must be consistent with the Town Plan and its vision for the Old and Historic District. Mr. Steinberg stated the appellants contend the BAR vote, which was contrary to the professional staff recommendation, shows a failure to follow the Zoning Ordinance and its own Historic District guidelines. He stated therefore, it is the belief of the appellants that there are compelling reasons which justify the reversal of the BAR decision in this case. Steven Kamblv, 241-G Loudoun Street, read an email from Camille Bowman of the Virginia Department of Historic Resources received after she reviewed the staff report for this application. "Thank you for sending Annie's staff report. I am most impressed with it for two main reasons; it is an excellent, well prepared report which outlines staff's professional opinion about the new building proposed in the Historic District. It outlines some very, very well written design guidelines for which decisions are made by the BAR. Of course this is a local matter, and locally you all need to work it out. Requirements for being a certified local government (CLG) do not have anything to do with how decisions are made locally, but they have to do with establishing a good working relationship between the National Parks Service, the Virginia Department of Historic Resources, and the locality that is certified. I can easily say that we have a wonderful working relationship with Leesburg, particularly to do with staff member CLG Annie McDonald, her professionalism, her enthusiasm, and her ability to bring BAR members to training and keep them informed. Basically, Annie shares much of her BAR with her BAR members and with the state-wide CLG coordinator. She always has a good take on preservation planning issues and her experience has been valuable to me. I imagine it has been valuable to Leesburg as well; she is a huge asset. I think Annie has guided and will continue to guide Leesburg in the right direction. I wish you the very best in your efforts for Leesburg." Mr. Steinberg stated the BAR review process prohibits use or economic factors as reasons to approve or deny an application. He stated there was concern expressed throughout the hearings about the economic well-being of the firehouse and the possibility of the firehouse leaving its current site. Further, he stated these issues are not within the purview of the BAR, yet were discussed at all of the hearings. Town Council Meeting of November 27. 2007 Page 7 Mr. Steinberg outlined several revisions required by the BAR of neighboring applicants and stated it is important that all applicants be treated equally. He discussed the effect the scale of the building and the lack of parking will have on the surrounding neighborhood. Further, he requested Council reverse the BAR decision of approval of this application. Vice Mayor Horne thanked the appellants for their presentation and resea rch. Council Member Hammier thanked the appellants for their time and effort. She asked it was mentioned that the decision was not in keeping with the Zoning Ordinance and asked if staff would agree with that position. Mr. Boucher stated it would not be appropriate for him to answer that question. The Council called a recess at 9:25 p.m. The meeting was called back to order at 9:37 p.m. Peter Comanduras, Leesburg Volunteer Fire Department, stated this project was started 10 months ago. He stated the need to keep the fire station downtown as it has served Leesburg for over 40 years. Further, he outlined the Fire Department's efforts to work with staff and the BAR and the neighbors on this project. Mr. Comanduras stated the Fire Department did not ask the BAR to consider economic factors in making their decision and in fact this application meets the guidelines. He stated the Fire Department is partnering with the First Mount Olive Baptist Church on parking issues. Further, he stated the vast majority of the surrounding residents support this application. Carleton Penn, 10 Wirt Street, expressed support for the Leesburg Volunteer Fire Department's project as approved by the BAR. Henry Twentier, 19001 Panther Court, expressed support for the Leesburg Volunteer Fire Department's project as approved by the BAR. Roland Smith, 18579 Dettington Court, expressed support for the Leesburg Volunteer Fire Department's project as approved by the BAR. Brenda Branscome, 251 Town Branch Terrace, read the following statement into the record: "I am a resident of the Old Town Leesburg Historic District and I'm the former owner of two Loudoun County properties listed on the National Register of Historic Places and the Virginia Landmarks Register. I am also a 13-year veteran of the Loudoun County Historic Districts Review Committee, having served as chairperson for eight of those years. My service to historic preservation, to the County and the community and my responsible stewardship of my personal historic landmark properties led me to my involvement in the quest to deny an inappropriate fire Town Council Meeting of November 27, 2007 Page 8 house/office building complex in Leesburg's Historic District. I'm appalled that Leesburg's BAR would violate the Old and Historic District Design Guidelines and ignore recommendations of its professional staff regarding the proposed fire station/office complex on Loudoun Street. The Citizen's appeal to the BAR approval is based on the fact that its decision was not founded on the design criteria in its own guidelines and the Leesburg Town staff's recommendation for denial of this massive and inappropriate structure in Leesburg's Historic District. With my professional experience I view the proposed massive structure as a fire station in masquerade, an office building with a fire station attached. While most BAR guidelines allow for interpretation, I feel there is no interpretation that allows for this grossly sized structure to be built in Leesburg's Historic District. In careful review of the BAR minutes, it is apparent that questions posed by some board members were raise on use and economic issues. These factors are not allowable under the guidelines; although, the comments by some BAR members and their subsequent votes in favor of the project reflected those concerns. The economic problems of applicants are not allowable in the decision making process. If economic issues were among the criteria a whole Pandora's Box of excuses for building size, materials, etc. could be used in the future if this decision is not overturned. The BAR is charged with enhancing and protecting the historic character of Leesburg's Old and Historic District. The guidelines do not give the BAR the right to destroy the Historic District by approving this massive and inappropriate building. Historic Districts in Loudoun County are under siege, specifically the Waterford and Goose Creek Historic Districts. This could happen in Leesburg if the BAR continues to ignore its own guidelines. I'm asking you to please protect the integrity of the review process by ensuring the BAR guidelines and Town Zoning Ordinance are upheld. Do not allow the office bUilding/ firehouse complex, a firehouse in masquerade. A firehouse, yes. A firehouse/office complex, no. In conclusion, many of you have seen the fire trucks at Station 1. They have the words, 'Pride of Old Town' emblazoned on them; and yes, we are proud of the fire department. We also need to build a fire station that allows all of us to have pride in Old Town. Let your vote reflect your obligation to protect our Historic District as well as affirming your pride and good stewardship for the Leesburg Historic District." Julie Koehler, 101 Meherrin Terrace, read the following letter into the record: "I am very concerned about the massiveness of the fire house project and the ramifications on the surrounding neighborhood. I'm a neighbor and I believe the project size creates a lot of problems, especially the lack of parking to support the building and the additional noise created by the air conditioners for such a large building. Town Council Meetinq of November 27, 2007 Page 9 I don't understand how the firehouse can get approval for this project if they don't have sufficient parking. The church that they have approval from doesn't have sufficient parking, so we'll have two buildings in the Historic District with insufficient parking. I believe in the long term this will be a negative for the fire department as people that are renting from the fire department will not want to rent in a building where they do not have enough parking for themselves and their clients. I also believe that the air conditioning units to cool such a large building will be large and loud and noise will be especially disturbing to neighboring homes and condominiums as the new building will be so close to the property lines. I'm also concerned that the appointed BAR members who are not necessarily experts in planning repeatedly ignored the Town preservation planner's recommendation to deny the project because it fails to meet the Town guidelines. For consistency in the Historic District you should follow the Town staff's advice, otherwise I don't believe it makes sense to have them doing support. I ask you to reconsider the project, reject the BAR approval and send the project back to the BAR for a more thorough review, along the Town guidelines." Ms. Koehler read into the record the following letter from William and Janet McGovern, who were unable to attend this meeting: "We are writing to oppose the approval of the new firehouse on Loudoun Street. The proposal is outside the general parameters of construction, parking and architectural design as consistent with the rest of the Historic District. There is also a great deal of evidence that the financial proposal is weak and the structure will require a great deal of subsidy. The Town needs to consider that if the fire hall is moved to a more suitable location in the County; that a taxpaying business could move into this location. Please let us know your thoughts on the subject." Melissa Poole, 104 Meherrin Terrace, stated she is thankful for the public safety services the fire department provides; however, she is concerned with the massing, parking issues and requested that Council reconsider the BAR decision. KD Kidder, 2A Loudoun Street, stated she has been a business owner on Loudoun Street for 28 years and has stayed in Leesburg because of the historic feeling and camaraderie. She stated everyone supports the fire fighters; however, the County should be funding their needs and they should not be required to raise funds in this fashion. Further, she stated she was excited when the fire department called their first public meeting; however, the input from the public was not considered. Town Council Meetinq of November 27. 2007 Page 10 Steve Kambly, 24-G Loudoun Street, stated the BAR erred in their approval of the fire station application. He stated the proposed building is too large for the neighborhood. Doris Kidder, 214 Loudoun Street, stated a flyer was placed on her door three days prior to the fire department's community meeting. She stated at the meeting the neighbors were told that their insurance rates would go up if the fire department were to move; however, she later found out that the Plaza Street fire station was close enough that the insurance rates of the neighbors would not change. Further, she stated she has listened to the minutes of all the meetings and the economic issue was discussed meeting after meeting. Pat Kellerman, 243 Loudoun Street, stated this is not about the value of the fire department or the worth of the volunteer firefighters, rather this is about the square footage of the proposed building. Edward Keily, 208 Cornwall Street and member of the BAR, stated if the speakers are correct then the Town does not need the BAR as the staff's opinion can rule. He stated if the BAR made their decision based on the concerns of traffic, parking, congestion, and noise raised tonight then they would have been wrong. Further, he stated the majority based their decision on the fact that this application does meet the guidelines. Fred Williams, 21 Wirt Street, discussed the size of the building, the lack of parking and buffers and wondered if the Western Gateway Office building would be replaced with a building of this size if it were to burn down. Further, he stated economics is part of the decision as that is the only reason for the size of the building. Neil Steinberg, 214 Loudoun Street, stated we need to fund the needs of our fire fighters and take them out of the real estate business. He addressed several statements made by Mr. Comanduras. Further, he expressed concern with the economic viability of the project. Julie Koochaqian, 212 Loudoun Street, expressed her concern with the massing of the building, parking issues and congestion and the effect these factors will have on the neighboring homes. Richard Koochagian, 212 Loudoun Street, stated he is a registered architect with experience in historic preservation. He addressed the issues of scaling, massing and volume. Further, he stated this is a small residential area and this facility is too large. Mel Bickings, 102 Belmont Drive, stated the traffic on Loudoun Street can get really backed up during rush hour and this project will only make it worse. She expressed concerns regarding the parking for the church during special services such as funerals. Further, she expressed her appreciation to the Volunteer Fire Department. Ms. Bickings read the following letter from Peter Gustavson into the record: Town Council Meetinq of November 27, 2007 Page 11 "I have been a Leesburg Business man for over 25-years and I strongly recommend denial of this application." The public hearing closed at 10:44 p.m. Council Member Reid apologized to the community for not responding to their emails as he was on vacation last week and stated he will respond in the next day or so. He stated he attended the community meeting and the work session; however, he was not able to attend a lot of the BAR discussion. Further, he stated the purpose of the BAR is to review the look of a building in accordance with the guidelines; however, our Zoning Ordinance does prevail. Council Member Reid stated the BAR frequently overrules the staff as is the purpose of the BAR, Planning Commission and Town Council. He stated the BAR scrutinized this very carefully during their three hearings and two work sessions. Further, he stated it is interesting that certain BAR members are being accused of using economics as their basis of decision as he does not believe that was the case and feels the BAR ruled properly. Council Member Wright stated this issue is difficult as Council can only debate whether the BAR acted arbitrarily, unlawfully or abused their discretion. He stated he attended several meetings on this issue and has not seen any evidence that the BAR acted arbitrarily or unlawfully. Further, he stated he is very concerned with the BAR's decision to support the buffer waivers. Council Member Wright discussed the concerns raised regarding traffic and parking stating they are not under the purview of the BAR; however, the parking issue will be addressed during the site plan approval. He stated the buffer issue is also still open as the Land Development Official has not rendered their opinion, though frequently they will follow the BAR's recommendation. Further, he stated the discussion and debate of use also can not be considered as they do not apply to the BAR's purview. Council Member Hammier stated having read all emails and listening to the discussion she felt the decision would be easy as clearly the building is too massive for the Historic District. She stated it is her job to represent the neighbor's views; however, in this case the guidelines only allow her to decide if the BAR decision is contrary to the law, arbitrary, or an abuse of discretion. Further, she stated based on the information available she finds that the BAR followed the law, was not arbitrary and did follow all of the guidelines in making their decision. Vice Mayor Horne thanked all of the speakers tonight. She stated while the economic viability of the project was brought up by both sides, it should not be part of this discussion. Further, she stated she is concerned with the buffer modifications; however, she feels the BAR did act with in their purview. Council Member Burk stated Council appreciates the men and women who serve as volunteer fire fighters for this community. She stated she finds it arbitrary that there was little change or compromise in each version of the building. Further, she stated she is concerned with the buffer issues. Town Council Meeting of November 27. 2007 Page 12 Council Member Burk stated even though parking was not a consideration it is going to be a major issue. She stated she does not take lightly the decision to overturn the decision of any board or commission; however, she would support overturning the BAR decision as this is not the right compromise that needs to be in place. Mayor Umstattd stated in speaking to the Town Attorney the point was made that there may not be anything in the record indicating that any BAR member was so heavily concerned with the economic argument that it influenced their decision. She stated the suggestion that financial arguments permeated the whole debate by the BAR is very troubling. Further, she stated based on the discussion outlined in the minutes she finds that this decision was arbitrary and an abuse of discretion. Mayor Umstattd stated Council needs to lobby the Loudoun County Board of Supervisors to take on the financial responsibility of supporting the fire department. She stated she wishes Council had transcripts of the meetings, but even in the generalized minutes provided it is clear that the financial situation of the fire department was considered and therefore she will vote to overturn the decision of the BAR. Council Member Hammier verified there are audio tapes of the proceedings. She stated she would like the opportunity to review those tapes before making a decision. Council Member Reid stated frequently at the BAR meetings the applicants will mention economic issues when responding to questions from BAR members. He stated the BAR is tasked with looking at the building's architecture in accordance with the guidelines. Further, he stated it is not fair to say that members of the BAR were influenced by the economic issues. Mayor Umstattd stated Council Member Hammier requested the opportunity to listen to the tapes. She stated the guidelines for proceeding with the public hearing indicate that Council will have a transcript of the meetings; however, Council was not provided with that information. Council Member Wright asked what options are before Council regarding the buffer issues. Ms. Irby stated Council is limited under its guidelines to reverse or modify the decision of the BAR and she is unsure if conditions can be added to the decision. On a motion by Council Member Reid, seconded by Vice Mayor Horne the following motion was proposed: MOTION Upholding the decision of the Board of Architectural Review in case TLHP- 2007-0030 Town Council Meetinq of November 27, 2007 Paqe 13 The motion was approved by the following vote: Aye: Horne, Reid, and Wright Nay: Burk and Mayor Umstattd Vote: 3-2-1-1 (Hammier abstaining and Martinez absent) c. TLZM-2006-0022 - PMW Farms The public hearing opened at 11 :21 p.m. Chris Murphy provided an overview of the application to rezone this property to Planned Residential Neighborhood (PRN) for the purpose of developing a 275 dwelling unit community. He stated the property was annexed into the Town in 2006 for the purpose of extending water and sewer service. Further, he stated staff recommends approval of this application subject to the proffers dated November 15, 2007. Mr. Murphy state on November 1 the Planning Commission voted to recommend approval of the application. Further, he stated the Planning Commission recommended against the proposal to use the proffered capital facilities cost contributions for the widening of Riverside Parkway. Mayor Umstattd verified the Planning Commission did not have the proposed language when the Planning Commission recommended against Supervisors Kurtz and Water's request to use the proffered capital facilities cost contributions for the widening of Riverside Parkway. She asked staff's recommendation on this issue. Mr. Murphy stated staff has not made a recommendation on that request. Council Member Wright stated the Planning Commission did not have the financial figures that Supervisors Kurtz and Waters provided to Council. He stated the general feeling on the Planning Commission was that the school funding was more important than the road. Mayor Umstattd stated the amendment proposed by Supervisors Kurtz and Waters would allow all or part of the $4.7 million to be used for the road improvements. Council Member Wright stated the applicant has stated they will do as directed by Council. Mr. Boucher stated the road improvements would not require the entire $4.7 million and the remaining money would be given to the schools. Michael Caoretti, representing the applicant, stated with regards to the widening of Riverside Parkway, if it is Council's desire to approve this request then the proffer language should be amended to consider the proffer funds the County already has for this project. Mayor Umstattd verified the applicant is comfortable with the flexibility Supervisors Kurtz and Waters have proposed for this proffer. Town Council Meetinq of November 27, 2007 Paqe 14 Mr. Capretti outlined the applicant's proposal for BAR. He stated in accordance with the Town's zoning any property annexed into the Town is zoned as Residential Estate (RE) as a temporary holding measure. Further, he outlined the proposed proffers including the tree save area, open space, transportation improvements, recreation areas, trails and sidewalks, and affordable dwelling units. Mr. Capretti discussed community meetings with Potomac Station and Spring Lakes to address their concerns. He stated this property was annexed into the Town in 2006 and this application to rezone the property to PRN was filed in accordance with the Town and County Comprehensive Plans. Further, he stated he worked very hard with staff to address all issues. Council Member Reid verified the only request of the Central Loudoun Little League (CLLL) is to move one field. Further, he asked if CLLL would like lights for their fields. Mike Burke, CLLL, stated they will also receive improvements to the parking area and water and sewer service. He stated they did not ask lighting as safety is far more important. Council Member Hammier verified we are not aware of any health issues related to the use of passive open space under the power lines. Mayor Umstattd stated Supervisor Sally Kurtz asked her to report that she and Supervisor Waters had forgotten to mention last night that Riverside Parkway is a straight shot to INOVA Loudoun Hospital. Roland Smith, Potomac Station HOA President, outlined the partnership Potomac Station has had with the Town of Leesburg on several projects. He cautioned Council against rampant development in this section of Town. Further, he stated the Potomac Station community will continue to work with the applicant on issues of mutual interest. Mike Burke, CLLL, read the following letter into the record: "My name is Mike Burke. I am a resident of the Town, employed by Loudoun County Parks, Recreation and Community Services and volunteer President for Central Loudoun Little League. Central Loudoun has been providing opportunities to young boys and girls for over 40 years. A little over 20 years ago, the league was in dire need of fields. Jim Wordsworth, owner of Festival Lakes, stepped forward in a major way. He carved a valuable seven acres of corner road frontage and assisted in building Good Times Park. Over the years he has continued to be an excellent neighbor and friend to CLLL. He operated a very positive business, while maintaining a lot of green space. He kept turning away offers from the commercial developers. He had a goal that when he sold the property, he wanted that building to carry his vision on. Jim didn't want the basic cookie cutter, stuff every inch development. He wanted to give an asset to the Town that continued to have Town Council Meeting of November 27. 2007 Page 15 lots of open space, be inviting to all and assist the Town with finishing important infrastructure. He believes the Gulick Group is that builder. While applying to be incorporated into the Town, Jim visited with our league and offered in include our property. He offered to provide water and sewer at no cost to the league. Since we operate on a pump and haul system, this will be very important to our future. Since then, we have been meeting with Gulick's representative, Michael Capretti. It is very obvious throughout our discussions that Jim's influence continues to be the foundation. In order for Fort Evans to be completed to River Creek Parkway, a small piece of our land is needed. While walking the site with Michael and his engineer, they recognized how close to the road the stands and dugouts would be. It was a definite concern. Michael went back and developed a plan that would address this safety issue, as well as, our parking concerns. He proposed to make the extensive changes to correct the issue, including giving some more of their land. The value of their offer is well above the value of the land needed. Like Jim, Michael continues to "do what is right" for CLLL, not just play the typical developer. When Good Times was built, the league had 200-300 players. We now have over 1000. Although it creates more work, I see that as a positive thing. Luckily, the Town came through in a big way a few years ago with Freedom Park. Having these lighted fields, in addition to our fields plus area schools, allows us to operate. We could not afford to lose a field at Good Times because it was too close to a road. That road will be completed sooner rather than later regardless of this development. Michael is working to make sure the league is not hampered or hurt by their development process. Mr. Wordsworth waited as long as he could to move his successful operation. Now many of those new homes surrounding his property say "That's enough. No more development". What Jim and The Gulick Group are proposing is an excellent asset to the Town. It is not just another development. They are leaving more trees and open space than the surrounding developers did and more than the Town requires. They are finishing necessary road and walkway infrastructure that otherwise would fall on the Town to complete. They are improving the safety and viability of the neighboring Little League. As a direct neighbor, CLLL encourages you to approve the application before you tonight. It is the proper use as designated in the Town Plan, designed to be an asset to the Town, the surrounding neighborhoods and Central Loudoun Little League." The public hearing closed at 12: 18 a.m. Mayor Umstattd asked if the applicant would like to defer the vote. Sally Gillette, attorney for the applicant, stated the applicant would be happy to have the vote deferred if that is the desire of Council. Town Council Meeting of November 27. 2007 Paqe 16 Council Member Wright stated Council needs to decide if we want the language in the proffer to be flexible to allow for funding the improvements to Riverside Parkway. Mr. Wells stated another option would be to write the proffer to give the money to the County government and allow them to decide how to allocate the funds between the schools and Riverside Parkway. Council Member Hammier stated the amount of the proffer dollars will not change and she is prepared to vote tonight. Council Member Reid verified the school capital facilities money is not specifically put aside for Leesburg schools. He expressed concern with the number of students this neighborhood will generate and the capacity levels of the schools. Further, he stated he could not approve this application tonight. Council Members Wright and Burk and Vice Mayor Horne stated they would support deferring the vote. Council Member Hammier stated when this property came into Town; Council had a very important responsibility regarding the zoning of this property. She stated many people will be impacted by this application including the children at Catoctin Elementary School. On a motion by Council Member Hammier, seconded by Council Member Reid, the following motion was proposed: MOTION Denying rezoning application TLZM-2006-0022 - PMW Farms Mayor Umstattd stated she shares a number of the concerns stated by Council Members Hammier and Reid. She stated her preference would be to have an office park in this location and start replanning the area for a campus-style office park. Further, she stated Catoctin Elementary can not absorb many more students. Council Member Wright proposed a motion to table this item. The motion to table was seconded by Council Member Burk. The motion to table failed by the following vote: Aye: Burk, Horne, and Wright Nay: Hammier, Reid and Mayor Umstattd vote: 3-3-1 (Martinez absent) The original motion to deny was approved by the following vote: Aye: Hammier, Horne, Reid and Mayor Umstattd Nay: Wright Vote: 4-1-1-1 (Burk abstaining and Martinez absent) d. Town Code Amendment to add a new Chapter 21 - Stormwater Management The public hearing opened at 12:40 p.m. Town Council Meetinq of November 27. 2007 Page 17 Bill Ackman stated Chapter 21 is mandated by the State for our municipal permit. He stated the draft has been approved by the State. Further, he stated this will give Council the ability to enact legislation through the Design and Construction Standards Manual (DCSM) for upcoming stormwater management regulations that will be required by the State. Mr. Ackman stated this will also give the Town the authority to regulate illicit discharges and levy a fine. There were no speakers. Council Member Reid stated he is concerned with the effect this could have on the site plan review process. He stated he hopes staff will only require the minimum of applicants. Mr. Ackman stated staff is working with a committee that consists of members of the Environmental Advisory Committee and several members of the private sector. Council Member Reid stated the majority of the problems relate to poor residential stormwater planning. Mayor Umstattd cautioned Council regarding the impact of new development on existing properties and the possibility of runoff flooding. She stated she is not in favor of lax standards for stormwater management. David Bulova, AMEC Earth and Environmental, stated we are aiming for enforcement of minimum standards. Further, he stated Council should not be surprised if they are asked to update their DCSM regulations in two years. Mr. Ackman stated the goal is to have regulations that meet the State minimums and conform to the needs of the Town. The public hearing closed at 12:49 p.m. On a motion by Vice Mayor Horne, seconded by Council Member Wright, the following ordinance was proposed: 2007-0-21 ORDINANCE To add a new Chapter 21 (Stormwater Management) to the Code of the Town of Leesburg, Virginia, 1976, as amended The motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright, and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) H. Legislation ORDINANCES None Town Council Meeting of November 27. 2007 Paqe 18 CONSENT AGENDA On a motion by Council Member Hammier, seconded by Vice Mayor Horne, the following consent motion was proposed: 2007-168 RESOLUTION Accepting a donation from the Loudoun Crime Commission and making the appropriation of funds 2007-169 RESOLUTION Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Russell Branch Parkway West 2007-170 RESOLUTION Formally approving the name of the park site along Old Waterford Road as Morven Meadows Park 2007-171 RESOLUTION Awarding of the contract for the development of the Crescent District form-based code to LSL Planning, Inc. of Royal Oak, Michigan The consent motion was approved by the following vote: Aye: Burk, Hammier, Horne, Reid, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Martinez absent) REGULAR AGENDA On a motion by Vice Mayor Horne, seconded by Council Member Burk, the following motion was proposed: 2007-167 RESOLUTION Approving pole signs for the special events component of the Wayfinding Sign System Study Council Member Reid expressed concern that the Town is exempting itself from its own requirements. He stated if approved he will bring up resolutions to exempt business owners from the DCSM and other requirements they have. Further, he stated he will not support this application. Mr. Wells stated this is a power that has been used very sparingly and not just for government benefit. Council Member Wright stated we have not made our case to make an exemption at this point. Further, the current signs are functional enough if properly maintained. Vice Mayor Horne stated quite a bit of time was spent by many volunteers and members of Council on a resolution to the civic sign issue. She stated part of that resolution is included in this proposal. Town Council Meetinq of November 27, 2007 Page 19 Council Member Hammier asked Mayor Umstattd for her thoughts on this issue. Mayor Umstattd stated in general she does not support Council exempting ourselves; however, in this case many individuals have worked very hard on finding a resolution to the civic sign issue. The motion was approved by the following vote: Aye: Burk, Hammier, Horne, and Mayor Umstattd Nay: Reid and Wright Vote: 4-2-1 (Martinez absent) I. BOARDS AND COMMISSIONS There was no discussion of the following items: a. Airport Commission b. Thomas Balch Library Commission c. Board of Architectural Review d. Cable Television Advisory Commission e. Commission on Public Art f. Economic Development Commission g. Environmental Advisory Commission h. Information Technology Commission i. Parks and Recreation Commission j. Planning Commission k. Tree Commission I. Standing Residential Traffic Committee J. OLD BUSINESS None K. NEW BUSINESS FOR CONSIDERATION AT A FUTURE MEETING a. EDC Business Process Improvement Task Force Report L. COUNCIL COMMENTS Council Member Reid disclosed a meeting with Oaklawn and stated he is satisfied that we will have to wait for a delay on the opening of the other ramps. He disclosed a conversation with Michael Capretti regarding PMW Farms. Further, he requested the opportunity to light a menorah at the holiday celebration on December 1st. Council Member Wright disclosed meetings with Oaklawn regarding their transportation issues, Waterford Development regarding their two special exception proposals and Loudoun Hospital regarding the future of their site. Further, he stated he exchanged emails with Bob Flinn regarding the Chevy Chase application. Town Council Meetinq of November 27, 2007 Page 20 Council Member Hammier disclosed a conversation with Ed McMahon of the Urban Land Institute regarding form based code. She stated he reviewed the Council material and agreed the firms chosen are excellent. She stated she also exchanged emails with Bob Flinn regarding the Chevy Chase application and will be meeting with Rod Williams of INOVA on Friday. Further, she reminded citizens of the activities taking place in downtown Leesburg this weekend. Vice Mavor Horne disclosed a meeting with Waterford Development regarding their project and a phone call with Bob Flinn regarding the Chevy Chase project. Further, she disclosed that she will be meeting with Rod Williams of INOVA next week. Council Member Burk had no comments. M. MAYOR'S COMMENTS Mavor Umstattd disclosed a phone conversation with Bob Flinn regarding Chevy Chase Bank. She reminded everyone of the Tree Lighting Ceremony on the Town Green December 1st at 6:00 p.m. and the Holiday Parade at 7:00 p.m. N. MANAGER'S COMMENTS Mr. Wells stated the Northern Virginia Transportation Authority's subcommittee met and fully recommended our Fiscal Year 2009 and 2010 requests for $9 million funding for the Route 15/South King Street Widening project and $2.5 million for the construction of the interchange at Edwards Ferry Road and the Route 7/15 Bypass. He stated the recommendation will move to the Technical Committee on Thursday and to the full Committee on December 1st. O. ADJOURNMENT On a motion by Vice Mayor Horne, seconded by Council Member Wright, the meeting adjourned at 1:00 a.m., Wednesday, November 28,2007. ~c~~ '\ ' .. . . ~/1~ ( f) Kristen C. Umstattd, Mayor ,-- Town of Leesburg 2007_ TCMINOl127