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.
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