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HomeMy Public PortalAbout2009_tcmin0113 COUNCIL MEETING January 13, 2009 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon Hammier, Ken Reid, Marty Martinez, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: None Staff Present: Town Manager John Wells, Deputy town Manager Kaj Dentler, Town Attorney Jeanette Irby, Director of Public Works Tom Mason, Director of Finance Norm Butts, Assistant Director of Capital Projects Management Renee Lafollette, Director of Planning and Zoning Susan BerryHill, Deputy Director of Planning and Zoning Brian Boucher, Preservation Planner Annie McDonald, Director of Parks and Recreation Rich Williams, Assistant Director of Recreation Kate Trask, Community Outreach Supervisor Tony Conway, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. Call to Order 2. Invocation was led by Eagle Scout Ryan Rice 3. Salute to the Flag was led by Council Member Wright 4. Roll Call showing all present. 5. Minutes a. Work Session Minutes of November 24, 2008 On a motion by Council Member Martinez, seconded by Council Member Butler, the minutes were passed 7-0. b. Work Session Minutes of December 8, 2008 On a motion by Council Member Butler, seconded by Council Member Martinez, the minutes were passed 7-0. c. Regular Session Minutes of December 9, 2008 On a motion by Council Member Wright, seconded by Council Member Dunn, the minutes were passed 7-0. d. Special Session Minutes of December 18, 2008 On a motion by Council Member Martinez, seconded by Vice Mayor Hammier, the minutes were passed 7-0. 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Butler, seconded by Council Member Dunn, the meeting agenda was adopted with the following additions: a. Recognizing Contributions to the R.O.C.K. Holiday Party b. Resolution of Respect - Eugene Barber The motion to adopt the meeting agenda passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Town Council Meeting of January 13. 2009 Page 2 Vote: 7-0 7. Presentations a. Certificate of Recoonition - Rank of Eagle Scout - Ryan Rice. On a motion by Council Member Martinez, seconded by Council Member Dunn, the recognition was approved by a vote of 7-0. b. Certificate of Appreciation - Rob Fulcer. On a motion by Council Member Martinez, seconded by Vice Mayor Hammier, the Certificate was approved by a vote of 7-0. c. Certificates of Recoonition - Contributions to the R.O.C.K. Holiday Party The following businesses were recognized for contributions to the R.O.C.K. Holiday Party: Costco Pepsi Bottling Group American Management of Virginia Popeye's Roy Rogers, East Market Street Roy Rogers, South King Street South Street Under TenderJacks Walmart Loudoun County Mental Health IHOP Crossroads Baptist Church c. Resolution of Respect - Eugene Barber On a motion by Council Member Martinez, seconded by Council Member Butler, the Resolution of Respect was passed by a vote of 7-0. 8. PETITIONERS The Petitioners section was opened at 7:57 p.m. Charles Treadway 511-D Constellation Court, stated he represents eight different communities. He asked Council not to pass the amendment to the Town Plan regarding Open Space adjacent to Olde Izaak Walton Park. He discussed environmental features that should preclude this area from being classified as downtown including steep slopes and flood plains. The Petitioners section was closed at 8: 10 p.m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Reid, seconded by Council Member Dunn, the followi ng consent items were proposed: a. Requesting the Virginia Department of Transportation (VDOT) Accept and Delete Certain Streets RESOLUTION 2009-001 Requesting the Virginia Department of Transportation (VDOT) Accept and Delete Certain Streets b. Makino a Reduction of the Performance Guarantee for Village at Leesburg Wegman's Food Market Town Council Meeting of January 13. 2009 Page 3 RESOLUTION 2009-002 Making a Reduction of the Performance Guarantee for Public Improvements Installed in Village at Leesburg-Wegman's Food Market c. Making a Reduction of the Performance Guarantee for Public Improvements Installed in Village at Leesburg Village Center RESOLUTION 2009-003 Making a Reduction of the Performance Guarantee for Public Improvements Installed in Village at Leesburg Village Center d. Making a Reduction of the Performance Guarantee for Russell Branch Parkway West RESOLUTION 2009-004 Making a Reduction of the Performance Guarantee for Russell Branch Parkway West e. Approvino the Match for the CDBG Application RESOLUTION 2009-005 Endorsing the Application and Authorizing the Town Manager to Execute any and all of the Documents Associated with the Application for a Community Development Block Grant in order to Fund the Town of Leesburg Safe- T-Ride Real-Time Transit Information Project f. Amendino the Lease Agreement Dated May 1. 2007 Between the Town of Leesburo and RZF Aviation. LLC Wherein Lessee Plans to Construct a Fuel Farm RESOLUTION 2009-006 Amending the Lease Agreement Dated May 1, 2007 Between the Town of Leesburg and RZF Aviation, LLC Wherein Lessee Plans to Construct a Fuel Farm g. National Recreation and Park Association (NRPA) Healthy Community Endorsement RESOLUTION 2009-007 Endorsing the National Recreation and Park Association Healthy Communities Program The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. TLOA 2008-0007 Revised H-1 Design Guidelines (Presentation and Discussion The Public Hearing was opened at 8: 11 p.m. Town Council Meeting of January 13. 2009 Page 4 Annie McDonald gave a detailed presentation regarding the proposed Design Guidelines. She stated the present guidelines are vague and not easily interpreted, which causes inconsistencies and confusion for the applicants. Council Member Reid stated he is concerned that massing is a way for architectural review boards to prevent something they do not want built, even though the Zoning Ordinance may allow the height and setback. He encouraged language to ensure this does not happen. Teresa Minchew, Chair of the Board of Architectural Review, stated the Board is thrilled to be able to present the revised design guidelines to Council. She stated one of the most frequent comments the Board has heard throughout the years was a wish for more clarity in the guidelines, without being unnecessarily prescriptive. She recognized Frazier Associates for their assistance in developing the revised guidelines. She stated the Board welcomes comments. Council Member Martinez questioned whether there is a review schedule to ensure the document does not become outdated. Ms. Minchew stated they will be revisiting many procedures and processes as time passes. Kevin Rudisuelli, Waterford, stated he is an architect who has done many projects in the Old and Historic District. He stated he was pleased to participate with the revision. He stated relating to only other historic properties in the neighborhood constrains design. Dieter Meyer, Vice-Chair of the BAR, stated the proposed guidelines are in good shape. He stated he agrees with Mr. Rudisuelli that all properties in the neighborhood need to be taken into consideration when designing. He stated the document tries to give techniques to make a building be perceived as smaller. He discussed the need for a Preservation Plan to tie the Design Guidelines to. He suggested a grace period where applicants can chose to submit under one version of the design guidelines or another. The public hearing was closed at 8:45 p.m. Council Member Reid questioned whether the guidelines need to be readvertised since adjustments have been made. Ms. Irby stated it will depend on the scope of the changes to the draft guidelines. Further, an ordinance to incorporate the guidelines into the Zoning Ordinance would need to be enacted, so the changes would be covered at that time. Council Member Dunn cautioned against pointing out one thing over another as to what would be desirable. He stated he is concerned about the flexibility in the guidelines. Town Council Meeting of January 13. 2009 Page 5 Vice Mayor Hammier stated she appreciates everyone's hard work. She stated Council wants to be very clear they are consistent with the vision Council has set forth in the Town Plan. Council Member Martinez stated the document needs have regular review so it can grow along with the Town. He thanked everyone fOlr their hard work. Council Member Wright stated this is a very good document that has been very well vetted. He stated this is a better resource for the BAR and should boost Council's confidence in the Board. He stated we need to look at the whole street and the whole neighborhood because 100 years from now, what is now new construction will be what is looked at as a contributing historical structure. He agreed with Council Member Martinez, that regular review of the document would eliminate the painful process of completely rewriting it. Council Member Butler stated this is a much more readable document. He questioned what percentage of past applications fall into each of Ithe categories shown in the guidelines. Council Member Reid echoed the Vice Mayor's comments about the importance of a mission statement. He discussed massing and expressed the desire for more flexibility. Mayor Umstattd thanked everyone for their comments. She stated massing is a very critical part of what the Town deals with when it comes to the Historic District. She stated some unfortunate massing decisions have been made in the past because part of the charm of downtown Leesburg is the size of the buildings. She stated not all property owners wanted to be in the historic district and meeting the requirements of the Historic District has caused them to incur additional cost. She stated if something looks good and looks historically accurate, she would find it acceptable whether it was historically accurate or not. Council Member Reid questioned whether structures that are not visible from the street should be reviewed. Ms. Irby stated that would require Council direction. Ms. McDonald stated she could poll other municipalities to see how they handle it. She stated it might be better addressed in the Zoninl;;J Ordinance rather than the design guidelines. She stated she would have more information for Council at the next work session. b. TLOA 2008-0008 Amending the Zoning Ordinance reoarding ~~aximum Height in the B-1 Zoning Ordinance The public hearing was opened at 9: 15 p.m. Brian Boucher stated this amendment would only affect a small portion of the B-1 zoning district bounded Wirt Street, Harrison Street, the W&OD Trail and South Street. He stated this area is generally low lying, mostly covered by flood plain. He stated there would be a stepback provision on Town Council Meeting of January 13. 2009 Page 6 elevations facing public streets limiting the height to two stories. He stated this provision is not applicable on Church Street. He showed Council several pictures depicting a 65 foot height. Council Member Dunn questioned whether it was a big jump from 25 feet (two stories) to 65 feet. Mr. Boucher stated they wanted to give the applicants some flexibility. Vice Mayor Hammier questioned whether the step back would be more unattractive. She questioned why the ordinance would specifically state the BAR would consider the appropriateness of the height of the building since this is in the H-1 district, which would require BAR review anyway. Mr. Boucher stated there are a lot of instances where the BAR would consider the appropriateness of a building height. He stated it is an important reminder that a project would need to go through the BAR. Vice Mayor Hammier stated the building heights are misleading because relative to the rest of the Historic District, this area is very low lying. Council Member Martinez verified the Zoning Ordinance would still regulate parking in the area. Council Member Wright stated discussion on this subject at the Planning Commission level focused on the unique development challenges of this area. He stated the Planning Commission felt it was important to point out it still needs to be reviewed by the BAR. Council Member Butler stated the purpose is not to make the BAR be the "heavies of last resort". He stated five stories is a lot for downtown. Dieter Meyer spoke as an architect. He stated the stepback feature of this is an entirely appropriate approach to massing. Vice Mayor Hammier questioned whether the area along the street should be limited to 24 feet or allowed to be three stories to keep the pedestrian scale. Mr. Meyer stated it would depend on the detailing. He noted different design changes can affect how large a building is perceived to be. Vice Mayor Hammier questioned the typical height of a two, three and four story building. Mr. Boucher stated he has been told you cannot get four stories in 45 feet. He stated 45 feet would realistically be three stories. Council Member Dunn questioned whether it should be the responsibility of the Zoning Ordinance to set heights throughout Town versus the BAR determining heights in its purview area. Town Council Meeting of January 13. 2009 Page 7 Mr. Boucher stated it is not unreasonable to put the issue of height before the BAR in the Historic District. Ms. Irby stated this goes to the issue of massing and just because you can build a building of a certain height it has to be in relationship to the entire district. Vice Mayor Hammier stated we will be looking at the overall approval process and how an elected body makes decisions. Teresa Minchew stated she prefers a reference point of feet rather than stories. She stated the number of stories are not important and are binding in a way that is not useful. She stated she would have liked to have seen a public test of what the prospective heights would look like. She stated she does not feel the language of the ordinance references the topographic reasons the height allowance was changed. She stated in reality, the BAR can only minimally affect the height of the building. The Public Hearing was closed at 10 p.m. Council Member Dunn stated he feels it is more important that the Zoning Ordinance establish the guidelines throughout Town and the BAR guidelines work to adhere to the ordinance. He stated he would feel more comfortable with 45 feet rather than two stories. Further, he requested it be subject to the BAR in accordance with the Old and Historic District Guidelines. On a motion by Council Member Wright, seconded by Council Member Martinez, the following was proposed: ORDINANCE 2009-0-001 Amendments to Section 6.3 of the Leesburg Zoning Ordinance to Increase Building Height in Specific Areas of the B-1 Zoning District Council Member Dunn proposed a friendly amendment to change two stories to 45 feet and make the next line read "are subject to the Board of Architectural Review in accordance with the H-1 Old and Historic District Guidelines". Council Member Wright did not accept the friendly amendment. Council Member Dunn made a motion to amend the proposed Ordinance as explained above. The motion was seconded by Vice Mayor Hammier. Mayor Umstattd stated she has grave reservations about this proposal. She stated there are families in small homes living across from this area. Council Member Butler stated he cannot support 45 feet at the curb. The amendment passed by the following vote: Aye: Dunn, Hammier, Martinez, Reid and Wright Nay: Butler and Mayor Umstattd Vote: 5-2 Town Council Meeting of January 13. 2009 Page 8 Mayor Umstattd stated adding this 65 foot height limit in the Historic District is regrettable. She stated whatever is passed tonight will apply to whoever might decide to build in this area. She stated this mass overwhelms the viewshed from all parts of the district. She stated she is nervous about the floodplain issue. She noted one of the ways to get out of a floodplain is to build up the ground, which would change the height of the building relative to the rest of the district. She stated this will be the beginning of a substantial change in Leesburg. Council Member Wright stated the Mayor's concerns are well founded. He stated the area is narrowly defined, a specific economic development opportunity site with unique characteristics. He stated those there is not another site with those three criteria. He stated the developer cannot do damage to surrounding properties by raising the ground up very many feet. Vice Mayor Hammier stated she appreciates the Mayor's comments, but she stated the Council has fundamentally approved projects on this site. She stated the Council has a bold vision for the Town and this is an opportunity to create a new, vibrant addition to the downtown. She stated this Council is taking the Town in a positive direction. She stated this represents one of the greatest investments in downtown Leesburg we have seen. She stated this project will provide a bridge to the future. Council Member Dunn thanked the Mayor for her comments. He stated he does not take decisions like this lightly. He stated he has seen the consequences of a big, ugly building in the middle of a historic downtown. He stated the standards we have within the BAR will produce a beautiful product. Council Member Butler expressed his concern there will be a compelling economic reason to allow taller buildings on other sites downtown. He stated height cannot be totally mitigated. Council Member Reid stated this is the most significant private investment in the downtown in years and we should be grateful and accommodating due to the sluggish economy. He also said the ordinance is specific to one portion of the site and would not necessarily lead to future changes to the height rules all over town. The proposed ordinance was approved by the following vote: Aye: Dunn, Hammier, Martinez, Reid, and Wright Nay: Butler and Mayor Umstattd Vote: 5-2 11. ORDINANCES a. None 12. RESOLUTIONS a. Construction Proiect Manaoement Services Contract Award On a motion by Council Member Wright, seconded by Council Member Dunn, the following was proposed: Town Council Meetino of January 13. 2009 Paoe 9 RESOLUTION 2009-008 Awarding the Construction Management and Project Management Continuing Services Contract to Alpha Corporation, Volkert & Associates and McDonough Bolyard Peck The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. Declaring a Public Necessity and Use Exist and Authorizing Acquisition of Permanent Easements for the Catoctin Circle at Dry Mill Road Traffic Signal Improvements Project On a motion by Council Member Reid, seconded by Council Member Wright, the following motion was proposed: RESOLUTION 2009-009 Declaring a Public Necessity and Use Exist and Authorizing Acquisition of Permanent Easements for the Catoctin Circle at Dry Mill Road Traffic Signal Improvements Project Mayor Umstattd questioned whether any residential property is needed for these easements. Mr. Wells stated only school and church property are required. The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 c. Commission on Public Art Task #1 Expenditure Request Council Member Wright stated he had spoken with the Chair of the Commission on Public Art. He stated the soonest this art would be able to be installed is the end of September. He stated the Commission would like to defer this so they have the opportunity to identify some alternative funding sources. This item was deferred. 13. OLD BUSINESS a. BAR Guidelines (Jan. 26) b. BAR Application and Approval Process (Feb) c. BAR Appeal Process (Feb) 14. NEW BUSINESS FOR ACTION a. Infrastructure Grant Request Council Member Wright made a motion to send the letter of request as discussed at the work session meeting. The motion was seconded by Council Member Reid. Town Council Meetino of January 13. 2009 Page 10 Council Member Reid asked the letter be copied to Senator Warner, Congressman Wolf, and the Chairmen of the Transportation Committees for the House and Senate. The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 15. ITEMS FOR FUTURE MEETINGS a. FY 2010 Budget Discussion (Jan. 26) b. Grant Status Report (Jan. 26) c. Feedback on Talkback Signs (Jan. 26) d. SRTC Follow-up (Feb) . Valley View Barricade · Lighted Crosswalk at Oakcrest Manor Drive and North King Street · Crosswalk at Battlefield Parkway and Plaza Street . Plaza Street Guardrail e. Heritage High School Traffic Control (Jan. 26) Council Member Wright asked for written notice from the Sheriff's Department that they will not be addressing the issue of traffic control in front of Heritage High School. Council Member Reid asked for an update on the Holiday Parking Program. He verified the parking summit will be held February 21 pending Council availability. Council Member Dunn stated Council needs to look at block grants and other forms of assistance to downtown property owners. 16. COUNCIL COMMENTS Council Member Reid stated the Economic Development Commission would like to weigh in on the H-1 Guidelines. He stated Council has had a very fruitful discussion. He stated he attended the Virginia Regional Transit dinner. He stated Mark McGregor noted bus service between Howard Hughes Medical Center and Falls Church with stops in Tysons Corner. He alerted the public that there is a rally for Israel at the Northern Virginia Jewish Community Center on Little River Turnpike. Council Member Butler reminded everyone of the live web streaming of the Council meetings. He disclosed a meeting with Peter Kalaris regarding Meadowbrook. He thanked the Mayor for her work with Dominion Power to get the power pole location changed. He stated he attended First Night, which was very nice and the Improv at the Tally Ho. Council Member Wright stated he was asked to join the Board of the Citizen's Planning Association. He thanked the Mayor for her work on the Dominion Power issue. He stated he was impressed the neighborhood chose to stick together and get Dominion Power to move the pole. Mayor Umstattd thanked other elected officials including Joe May, Mark Herring, and Kelly Burk for their assistance in dealing with Dominion Power. Town Council Meeting of January 13. 2009 Page 11 Council Member Martinez disclosed a meeting with Ann Jansen and Peter Kalaris. He stated he appreciated the hard work of the Mayor and the neighborhood on the Dominion Power issue. He stated we will miss Mr. Fulcer on the Parks and Recreation Commission. Vice Mayor Hammier congratulated the Parks and Recreation Department for their being voted #1 Fitness Center, Recreation Center and Festival for Flower and Garden. She disclosed meetings with Peter Kalaris and George Mason University. She thanked everyone for the improvements to the Council Chamber. Council Member Dunn stated he had the privilege to attend the Fire Department Banquet. He noted he may not be in town for the Martin Luther King Day March. He stated he hopes the new presidency will be judged on content, not color. He wished everyone a happy new year. 17. MAYOR'S COMMENTS Mayor Umstattd thanked the Council for their work in getting the Dominion Power pole moved. She noted the Rescue Squad will have their banquet on Saturday. She recognized Alicia McConnell who was named Rookie of the Year for the Fire Department. 18. MANAGER'S COMMENTS Mr. Wells had no comments. 19. CLOSED SESSION There were no Closed Sessions 20. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting was adjourned at 10:46 p.m. Kristen C. Umstattd, Mayor Town of Leesburg ATTEST: Clerk of Council 2009_ TCMINOl13 COUNCIL MEETING January 13, 2009 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon Hammier, Ken Reid, Kevin Wright and Mayor Kristen Umstattd. Council Members Absent: None Staff Present: Town Manager John Wells, Deputy Town Manager Kaj Dentler, Town Attorney Jeanette Irby, Director of Public Works Tom Mason, Director of Finance Norm Butts, Assistant Director of Capital Projects Management Renee Lafollette, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Preservation Planner Annie McDonald, Director of Parks and Recreation Rich Williams, Assistant Director of Recreation Kate Trask, Community Outreach Program Supervisor Tony Conway, and Clerk of Council Lee Ann Green AGENDA 1. Call to Order ITEMS 2. Salute to the Flag was led by Eagle Scout Ryan Rice 3. Invocation was lead by Council Member Wright 4. Roll Call showing all present 5. Minutes a. Work Session Minutes of November 24, 2008 On a motion by Council Member Martinez, seconded by Council Member Butler, the minutes were passed 7-0. b. Work Session Minutes of December 8, 2008 On a motion by Council Member Butler, seconded by Council Member Martinez, the minutes were passed 7-0. c. Regular Session Minutes of December 9, 2008 On a motion by Council Member Wright, seconded by Council Member Dunn, the minutes were passed 7-0. d. Special Session Minutes of December 18, 2008 On a motion by Council Member Martinez, seconded by Vice Mayor Hammier, the minutes were passed 7-0. 6. Adopting the Meeting Agenda (Amendments and Deletions) On a motion by Council Member Butler, seconded by Council Member Dunn, the meeting agenda as adopted with the following additions: a. Recognizing Contributions to the R.O.C.K. Holiday Party b. Resolution of Respect - Eugene Barber The motion was passed by the following vote: Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Town Council Meeting of January 13. 2009 Page 2 Vote: 7-0 7. Presentations a. Certificate of Recoonition - Rank of Eagle Scout - Ryan Rice. On a motion by Council Member Martinez, seconded by Council Member Dunn, the recognition was approved by a vote of 7-0. b. Certificate of Appreciation - Rob Fulcer. On a motion by Council Member Martinez, seconded by Vice Mayor Hammier, the Certificate was approved by a vote of 7-0. c. Certificates of Recognition - Contributions to the R.O.C.K. Holiday Party The following businesses were recognized for contributions to the R.O.C.K. Holiday Party: Costco Pepsi Bottling Group American Management of Virginia Popeye's Roy Rogers, East Market Street Roy Rogers, South King Street South Street Under TenderJacks Walmart Loudoun County Mental Health IHOP Crossroads Baptist Church c. Resolution of Respect - Eugene Barber On a motion by Council Member Martinez, seconded by Council Member Butler, the Resolution of Respect was passed by a vote of 7-0. 8. PETITIONERS The Petitioners section was opened at 7:57 p.m. Charles Treadway 511-D Constellation Court, stated he represents eight different communities. He asked Council not to pass the amendment to the Town Plan regarding Open Space adjacent to Olde Izaak Walton Park. He discussed environmental features that should preclude this area from being classified as downtown including steep slopes and flood plains. The Petitioners section was closed at 8: 10 p.m. 9. ADOPTION OF THE CONSENT AGENDA On a motion by Council Member Reid, seconded by Council Member Dunn, the following consent items were proposed: a. Reouesting the Virginia Department of Transportation (VDOT) Accept and Delete Certain Streets RESOLUTION 2009-001 Requesting the Virginia Department of Transportation (VDOT) Accept and Delete Certain Streets b. Makino a Reduction of the Performance Guarantee for Villaoe at Leesburg Weoman's Food Market Town Council Meeting of January 13. 2009 Page 3 RESOLUTION 2009-002 Making a Reduction of the Performance Guarantee for Public Improvements Installed in Village at Leesburg-Wegman's Food Market c. Making a Reduction of the Performance Guarantee for Public Improvements Installed in Village at Leesburg Village Center RESOLUTION 2009-003 Making a Reduction of the Performance Guarantee for Public Improvements Installed in Village at Leesburg Village Center d. Making a Reduction of the Performance Guarantee for Russell Branch Parkway West RESOLUTION 2009-004 Making a Reduction of the Performance Guarantee for Russell Branch Parkway West e. Approving the Match for the CDBG Application RESOLUTION 2009-005 Endorsing the Application and Authorizing the Town Manager to Execute any and all of the Documents Associated with the Application for a Community Development Block Grant in order to Fund the Town of Leesburg Safe- T-Ride Real-Time Transit Information Project f. Amending the Lease Agreement Dated May 1. 2007 Between the Town of Leesburg and RZF Aviation. LLC Wherein Lessee Plans to Construct a Fuel Farm RESOLUTION 2009-006 Amending the Lease Agreement Dated May 1, 2007 Between the Town of Leesburg and RZF Aviation, LLC Wherein Lessee Plans to Construct a Fuel Farm g. National Recreation and Park Association (NRPA) Healthy Community Endorsement RESOLUTION 2009-007 Endorsing the National Recreation and Park Association Healthy Communities Program The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. TLOA 2008-0007 Revised H-1 Design Guidelines (Presentation and Discussion The Public Hearing was opened at 8: 11 p.m. Town Council Meeting of January 13. 2009 Page 4 Annie McDonald gave a detailed presentation regarding the proposed Design Guidelines. She stated the present guidelines are vague and not easily interpreted, which causes inconsistencies and confusion for the applicants. Council Member Reid stated he is concerned that massing is a way for architectural review boards to prevent something they do not want built, even though the Zoning Ordinance may allow the height and setback. He encouraged language to ensure this does not happen. Teresa Minchew, Chair of the Board of Architectural Review, stated the Board is thrilled to be able to present the revised design guidelines to Council. She stated one of the most frequent comments the Board has heard throughout the years was a wish for more clarity in the guidelines, without being unnecessarily prescriptive. She recognized Frazier Associates for their assistance in developing the revised guidelines. She stated the Board welcomes comments. Council Member Martinez questioned whether there is a review schedule to ensure the document does not become outdated. Ms. Minchew stated they will be revisiting many procedures and processes as time passes. Kevin Rudisuelli, Waterford, stated he is an architect who has done many projects in the Old and Historic District. He stated he was pleased to participate with the revision. He stated relating to only other historic properties in the neighborhood constrains design. Dieter Meyer, Vice-Chair of the BAR, stated the proposed guidelines are in good shape. He stated he agrees with Mr. Rudisuelli that all properties in the neighborhood need to be taken into consideration when designing. He stated the document tries to give techniques to make a building be perceived as smaller. He discussed the need for a Preservation Plan to tie the Design Guidelines to. He suggested a grace period where applicants can chose to submit under one version of the design guidelines or another. The public hearing was closed at 8:45 p.m. Council Member Reid questioned whether the guidelines need to be readvertised since adjustments have been made. Ms. Irby stated it will depend on the scope of the changes to the draft guidelines. Further, an ordinance to incorporate the guidelines into the Zoning Ordinance would need to be enacted, so the changes would be covered at that time. Council Member Dunn cautioned against pointing out one thing over another as to what would be desirable. He stated he is concerned about the flexibility in the guidelines. Town Council Meeting of January 13. 2009 Paoe 5 Vice Mayor Hammier stated she appreciates everyone's hard work. She stated Council wants to be very clear they are consistent with the vision Council has set forth in the Town Plan. Council Member Martinez stated the document needs have regular review so it can grow along with the Town. He thanked everyone for their hard work. Council Member Wright stated this is a very good document that has been very well vetted. He stated this is a better resource for the BAR and should boost Council's confidence in the Board. He stated we need to look at the whole street and the whole neighborhood because 100 years from now, what is now new construction will be what is looked at as a contributing historical structure. He agreed with Council Member Martinez, that regular review of the document would eliminate the painful process of completely rewriting it. Council Member Butler stated this is a much more readable document. He questioned what percentage of past applications fall into each of the categories shown in the guidelines. Council Member Reid echoed the Vice Mayor's comments about the importance of a mission statement. He discussed massing and expressed the desire for more flexibility. Mayor Umstattd thanked everyone for their comments. She stated massing is a very critical part of what the Town deals with when it comes to the Historic District. She stated some unfortunate massing decisions have been made in the past because part of the charm of downtown Leesburg is the size of the buildings. She stated not all property owners wanted to be in the historic district and meeting the requirements of the Historic District has caused them to incur additional cost. She stated if something looks good and looks historically accurate, she would find it acceptable whether it was historically accurate or not. Council Member Reid questioned whether structures that are not visible from the street should be reviewed. Ms. Irby stated that would require Council direction. Ms. McDonald stated she could poll other municipalities to see how they handle it. She stated it might be better addressed in the Zoning Ordinance rather than the design guidelines. She stated she would have more information for Council at the next work session. b. TLOA 2008-0008 Amending the Zoning Ordinance regardino Maximum Height in the B-1 Zoning Ordinance The public hearing was opened at 9: 15 p.m. Brian Boucher stated this amendment would only affect a small portion of the B-1 zoning district bounded Wirt Street, Harrison Street, the W&OD Trail and South Street. He stated this area is generally low lying, mostly covered by flood plain. He stated there would be a stepback provision on Town Council Meetino of January 13. 2009 Paoe 6 elevations facing public streets limiting the height to two stories. He stated this provision is not applicable on Church Street. He showed Council several pictures depicting a 65 foot height. Council Member Dunn questioned whether it was a big jump from 25 feet (two stories) to 65 feet. Mr. Boucher stated they wanted to give the applicants some flexibility. Vice Mayor Hammier questioned whether the step back would be more unattractive. She questioned why the ordinance would specifically state the BAR would consider the appropriateness of the height of the building since this is in the H-1 district, which would require BAR review anyway. Mr. Boucher stated there are a lot of instances where the BAR would consider the appropriateness of a building height. He stated it is an important reminder that a project would need to go through the BAR. Vice Mayor Hammier stated the building heights are misleading because relative to the rest of the Historic District, this area is very low lying. Council Member Martinez verified the Zoning Ordinance would still regulate parking in the area. Council Member Wright stated discussion on this subject at the Planning Commission level focused on the unique development challenges of this area. He stated the Planning Commission felt it was important to point out it still needs to be reviewed by the BAR. Council Member Butler stated the purpose is not to make the BAR be the "heavies of last resort". He stated five stories is a lot for downtown. Dieter Meyer spoke as an architect. He stated the stepback feature of this is an entirely appropriate approach to massing. Vice Mayor Hammier questioned whether the area along the street should be limited to 24 feet or allowed to be three stories to keep the pedestrian scale. Mr. Meyer stated it would depend on the detailing. He noted different design changes can affect how large a building is perceived to be. Vice Mayor Hammier questioned the typical height of a two, three and four story building. Mr. Boucher stated he has been told you cannot get four stories in 45 feet. He stated 45 feet would realistically be three stories. Council Member Dunn questioned whether it should be the responsibility of the Zoning Ordinance to set heights throughout Town versus the BAR determining heights in its purview area. Town Council Meeting of January 13. 2009 Page 7 Mr. Boucher stated it is not unreasonable to put the issue of height before the BAR in the Historic District. Ms. Irby stated this goes to the issue of massing and just because you can build a building of a certain height it has to be in relationship to the entire district. Vice Mayor Hammier stated we will be looking at the overall approval process and how an elected body makes decisions. Teresa Minchew stated she prefers a reference point of feet rather than stories. She stated the number of stories are not important and are binding in a way that is not useful. She stated she would have liked to have seen a public test of what the prospective heights would look like. She stated she does not feel the language of the ordinance references the topographic reasons the height allowance was changed. She stated in reality, the BAR can only minimally affect the height of the building. The Public Hearing was closed at 10 p.m. Council Member Dunn stated he feels it is more important that the Zoning Ordinance establish the guidelines throughout Town and the BAR guidelines work to adhere to the ordinance. He stated he would feel more comfortable with 45 feet rather than two stories. Further, he requested it be subject to the BAR in accordance with the Old and Historic District Guidelines. On a motion by Council Member Wright, seconded by Council Member Martinez, the following was proposed: ORDINANCE 2009-0-001 Amendments to Section 6.3 of the Leesburg Zoning Ordinance to Increase Building Height in Specific Areas of the B-1 Zoning District Council Member Dunn proposed a friendly amendment to change two stories to 45 feet and make the next line read "are subject to the Board of Architectural Review in accordance with the H-1 Old and Historic District Guidelines". Council Member Wright did not accept the friendly amendment. Council Member Dunn made a motion to amend the proposed Ordinance as explained above. The motion was seconded by Vice Mayor Hammier. Mayor Umstattd stated she has grave reservations about this proposal. She stated there are families in small homes living across from this area. Council Member Butler stated he cannot support 45 feet at the curb. The amendment passed by the following vote: Aye: Dunn, Hammier, Martinez, Reid and Wright Nay: Butler and Mayor Umstattd Vote: 5-2 Town Council Meeting of January 13. 2009 Page 8 Mayor Umstattd stated adding this 65 foot height limit in the Historic District is regrettable. She stated whatever is passed tonight will apply to whoever might decide to build in this area. She stated this mass overwhelms the viewshed from all parts of the district. She stated she is nervous about the floodplain issue. She noted one of the ways to get out of a floodplain is to build up the ground, which would change the height of the building relative to the rest of the district. She stated this will be the beginning of a substantial change in Leesburg. Council Member Wright stated the Mayor's concerns are well founded. He stated the area is narrowly defined, a specific economic development opportunity site with unique characteristics. He stated those there is not another site with those three criteria. He stated the developer cannot do damage to surrounding properties by raising the ground up very many feet. Vice Mayor Hammier stated she appreciates the Mayor's comments, but she stated the Council has fundamentally approved projects on this site. She stated the Council has a bold vision for the Town and this is an opportunity to create a new, vibrant addition to the downtown. She stated this Council is taking the Town in a positive direction. She stated this represents one of the greatest investments in downtown Leesburg we have seen. She stated this project will provide a bridge to the future. Council Member Dunn thanked the Mayor for her comments. He stated he does not take decisions like this lightly. He stated he has seen the consequences of a big, ugly building in the middle of a historic downtown. He stated the standards we have within the BAR will produce a beautiful product. Council Member Butler expressed his concern there will be a compelling economic reason to allow taller buildings on other sites downtown. He stated height cannot be totally mitigated. Council Member Reid stated this is the most significant private investment in the downtown in years and we should be grateful and accommodating due to the sluggish economy. He also said the ordinance is specific to one portion of the site and would not necessarily lead to future changes to the height rules allover town. The proposed ordinance was approved by the following vote: Aye: Dunn, Hammier, Martinez, Reid, and Wright Nay: Butler and Mayor Umstattd Vote: 5-2 11. ORDINANCES a. None 12. RESOLUTIONS a. Construction Project Manaoement Services Contract Award On a motion by Council Member Wright, seconded by Council Member Dunn, the following was proposed: Town Council Meetino of January 13. 2009 Page 9 RESOLUTION 2009-008 Awarding the Construction Management and Project Management Continuing Services Contract to Alpha Corporation, Volkert & Associates and McDonough Bolyard Peck The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. Declarino a Public Necessity and Use Exist and Authorizing Acouisition of Permanent Easements for the Catoctin Circle at Dry Mill Road Traffic Signal Improvements Project On a motion by Council Member Reid, seconded by Council Member Wright, the following motion was proposed: RESOLUTION 2009-009 Declaring a Public Necessity and Use Exist and Authorizing Acquisition of Permanent Easements for the Catoctin Circle at Dry Mill Road Traffic Signal Improvements Project Mayor Umstattd questioned whether any residential property is needed for these easements. Mr. Wells stated only school and church property are required. The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 c. Commission on Public Art Task #1 Expenditure Request Council Member Wright stated he had spoken with the Chair of the Commission on Public Art. He stated the soonest this art would be able to be installed is the end of September. He stated the Commission would like to defer this so they have the opportunity to identify some alternative funding sources. This item was deferred. 13. OLD BUSINESS a. BAR Guidelines (Jan. 26) b. BAR Application and Approval Process (Feb) c. BAR Appeal Process (Feb) 14. NEW BUSINESS FOR ACTION a. Infrastructure Grant Reouest Council Member Wright made a motion to send the letter of request as discussed at the work session meeting. The motion was seconded by Council Member Reid. Town Council Meetino of January 13. 2009 Page 10 Council Member Reid asked the letter be copied to Senator Warner, Congressman Wolf, and the Chairmen of the Transportation Committees for the House and Senate. The motion was approved by the following vote Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor Umstattd Nay: None Vote: 7-0 15. ITEMS FOR FUTURE MEETINGS a. FY 2010 Budget Discussion (Jan. 26) b. Grant Status Report (Jan. 26) c. Feedback on Talkback Signs (Jan. 26) d. SRTC Follow-up (Feb) . Valley View Barricade · Lighted Crosswalk at Oakcrest Manor Drive and North King Street . Crosswalk at Battlefield Parkway and Plaza Street . Plaza Street Guardrail e. Heritage High School Traffic Control (Jan. 26) Council Member Wright asked for written notice from the Sheriff's Department that they will not be addressing the issue of traffic control in front of Heritage High School. Council Member Reid asked for an update on the Holiday Parking Program. He verified the parking summit will be held February 21 pending Council availability. Council Member Dunn stated Council needs to look at block grants and other forms of assistance to downtown property owners. 16. COUNCIL COMMENTS Council Member Reid stated the Economic Development Commission would like to weigh in on the H-1 Guidelines. He stated Council has had a very fruitful discussion. He stated he attended the Virginia Regional Transit dinner. He stated Mark McGregor noted bus service between Howard Hughes Medical Center and Falls Church with stops in Tysons Corner. He alerted the public that there is a rally for Israel at the Northern Virginia Jewish Community Center on Little River Turnpike. Council Member Butler reminded everyone of the live web streaming of the Council meetings. He disclosed a meeting with Peter Kalaris regarding Meadowbrook. He thanked the Mayor for her work with Dominion Power to get the power pole location changed. He stated he attended First Night, which was very nice and the Improv at the Tally Ho. Council Member Wrioht stated he was asked to join the Board of the Citizen's Planning Association. He thanked the Mayor for her work on the Dominion Power issue. He stated he was impressed the neighborhood chose to stick together and get Dominion Power to move the pole. Mayor Umstattd thanked other elected officials including Joe May, Mark Herring, and Kelly Burk for their assistance in dealing with Dominion Power. Town Council Meeting of January 13. 2009 Page 11 Council Member Martinez disclosed a meeting with Ann Jansen and Peter Kalaris. He stated he appreciated the hard work of the Mayor and the neighborhood on the Dominion Power issue. He stated we will miss Mr. Fulcer on the Parks and Recreation Commission. Vice Mayor Hammier congratulated the Parks and Recreation Department for their being voted #1 Fitness Center, Recreation Center and Festival for Flower and Garden. She disclosed meetings with Peter Kalaris and George Mason University. She thanked everyone for the improvements to the Council Chamber. Council Member Dunn stated he had the privilege to attend the Fire Department Banquet. He noted he may not be in town for the Martin Luther King Day March. He stated he hopes the new presidency will be judged on content, not color. He wished everyone a happy new year. 17. MAYOR'S COMMENTS Mayor Umstattd thanked the Council for their work in getting the Dominion Power pole moved. She noted the Rescue Squad will have their banquet on Saturday. She recognized Alicia McConnell who was named Rookie of the Year for the Fire Department. 18. MANAGER'S COMMENTS Mr. Wells had no comments. 19. CLOSED SESSION There were no Closed Sessions 20. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Wright, the meeting was adjourned at 10:46 p.m. "-<' 'f~ (" ATT~ST: '../) · (~ ~ L--- I~US!J ' _ Clerk of Courlc . 2009_ TCMINOl13