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HomeMy Public PortalAbout2012_tcmin0327COUNCIL MEETING March 27, 2012 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David Butler, Katie Sheldon Hammler, Marry Martinez, C. Terry Titus, Kevin Wright and Mayor Umstattd. Council Members Absent: Council Member Martinez arrived at 7:37 p.m. Council Member Dunn was absent. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Director of Public Works Tom Mason, Director of Plan Review Bill Ackman, Economic Development Manager Marantha Edwards, Deputy Zoning Administrator Wade Burkholder, Assistant to the Town Manager Scott Parker, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Council Member Butler 3. SALUTE TO THE FLAG: Girl Scout Troops 403 and 2718 4. ROLL CALL: Council Member Martinez arrived at 7:37 p.m. Council Member Hammler left the meeting at 11:15 p.m. Council Member Dunn absent 5. MINUTES a. Regular Session Minutes of February 27 2012 On a motion by Vice Mayor Wright, seconded by Council Member Butler, were approved by a vote of 5 -0 -2 (Martinez /Dunn absent) b. Work Session Minutes of March 12, 2012 On a motion by Council Member Butler, seconded by Vice Mayor Wright, the minutes of the March 12, 2012 work session meeting were approved by a vote of 5 -0 -2 (Martinez /Dunn absent). b. Regular Session Minutes of March 13, 2012 On a motion by Council Member Titus, seconded by Council Member Butler, the minutes of the March 13, 2012 regular session meeting were approved by a vote of 5 -0 -2 (Martinez /Dunn absent). 6. ADOPTING THE MEETING AGENDA On the motion of Vice Mayor Wright, seconded by Council Member Butler, the meeting agenda was approved with removal of the Dulles Rail issue. The motion was approved by the following vote: Aye: Butler, Hammler, Martinez, Titus, Wright and Mayor Umstattd Nay: None 1 Pa C COUNCIL MEETING March 27, 2012 Vote: 6-0-1 (Dunn absent) 7. PRESENTATIONS __. a. Proclamation — 100th Anniversary of the Girl Scouts of America On a motion by Council Member Hammler, seconded by Council Member Martinez, the following proclamation was presented: PROCLAMATION 100th Anniversary of the Girl Scouts of America MARCH, 2012 WHEREAS, March 2012 marks the 100t1i Anniversary of the Girl Scouts of the United States of America ( GSUSA; and WHEREAS, GSUSA has declared 2012 "The Year ofthe Girl'; and WHEREAS, since its founding by Juliette Gordon Low in 1912, Girl Scouts has become the preeminent leadership organization for girls in the world with 2.3 million girl members, 880,000 adult members and an alumnae base of more than 50 million American women; and WHEREAS, for a century, Girl Scouts has provided a myriad of leadership experiences that build "girls of courage, confidence, and character, who make the world a better place "; and WHEREAS, there are over 63,300 active Girl Scouts in over 4,900 troops as part of the Girl Scouts of the Nation's Capitol, and over 1,100 Girl Scouts in over 100 Girl Scout troops in the Leesburg area. THEREFORE, RESOLVED the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the month of March of the Year 2012 "Girl Scouts Celebrate 100 Years Month" and urge the citizens of Leesburg to recognize and support the future of our country by supporting the Girl Scouts of the United States of America. PROCLABWED this 27' day of March 2012. b. Proclamation — Keep Leesburg Beautiful On a motion by Council Member Hammler, seconded by Council Member Martinez, the following proclamation was presented to Council Member Butler.• PROCLAMATION 2 1Pag COUNCIL MEETING March 27, 2012 KEEP LEESBURG BEAUTIFUL DAYS April 2012 WHEREAS, a commitment to maintaining a safe and clean environment is a building block of a healthy society and strong economy; and WHEREAS, daily activities of humans can cause adverse environmental impacts; and WHEREAS, the government, residents, businesses and community educators and leaders have an obligation to maintain a safe and clean environment for those who live in and around this community; and WHEREAS, as a result of the strains and stresses placed on the environment by human activities there is a need for remedial action by all stakeholders; and WHEREAS, April is a month of heightened environmental awareness and community action; and WHEREAS, the adverse impacts upon the natural resources that are key to the quality of life for humans, plants and animals should be mitigated; THEREFORE, BE IT PROCLAIMED by the Council of the Town of Leesburg in Virginia that April 2012 is Keep Leesburg Beautiful Month and the Council encourages all members of the government, citizens, businesses, youths and community leaders come together to take action to restore and preserve our natural resources by participating in activities to repair, replenish and enrich our environment for the good of all living things in the Town and its surrounding communities. PASSED this 27th day of March 2012. C. Vir inia Regional Transit — Mark McGregor Mark McGregor, CEO of Virginia Regional Transit, presented the 2011 Annual Report. He pointed out that a single boarding on a transit bus costs about $8.24 and summarized the breakdown of how the cost is paid. He discussed unmet needs and limited resources and how VRT can deal with those issues. Further, he stated they are prepared to serve Dulles Rail and have the least expensive service in the region. 8. PETITIONERS The petitioner's section was opened at 7:58 p.m. 3 1 Pay, COUNCIL MEETING March 27, 2012 Randy Minchew, 330 West Market Street. Delegate Minchew reported on the actions that the Virginia General Assembly took in Richmond during this past session. He noted that Town Attorney Irby notified the legislators of an amendment that would have a deleterious effect for the town, of which they were not aware and thanked her for her attention to detail. Darryl Gilbert, 39325 Crooked Bridge Lane, and Bo and Teresa Cooke, and Theresa and Sarah Keller, sang the first verse of Amazing Grace and invoked a blessing on the meeting. Theresa and Sarah Keller stated they pray for each and every one of the Council Members daily. Joby Reynolds, 504 West Market Street, stated he is opposed to the size and scope of the proposed Courthouse Square development. He stated it is out of scale to anything else downtown and will be detrimental to the historic district. He stated that removal of the surface parking lot will cause a deficit in available parking downtown. Further, he expressed concern that the blasting will damage the older buildings downtown. Dwight Dopilka, stated the bus shelters are a good idea, but his experience is that bus shelters collect trash and are a target for graffiti. He urged the town and the transit company to keep them well- maintained. The petitioner's section was closed at 8:13 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following items were moved for approval as part of the Consent Agenda: a. Accepting Dedication of Right of Way from 158 Catoctin Circle Corporation RESOLUTION 2012 -034 Accepting Dedication of Right of Way from 158 Catoctin Circle Corporation b. Awarding a Lease for Airport Office Space RESOLUTION 2012 -035 Awarding a Lease to ProJet Aviation, LLC for Suite 4 in the Terminal at Leesburg Executive Airport C. Awarding a Contract for Construction Management Services for S. King Street Widening, Phase I — Virts Corner Intersection Improvements and Battlefield (Rt. 15 to Greenway) 4 1 Pa,, c COUNCIL MEETING March 27, 2012 RESOLUTION 2012 -036 Awarding the Construction Management Services Contract for the South King Street Phase I, Virts Corner Improvements and Battlefield Parkway Route 15 to the Greenway to Alpha Corporation of Dulles, VA d. Accepting the Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for Village at Leesburg — Weg;man's Food Market RESOLUTION 2012 -037 Accepting the Public Improvements, Releasing the Performance Guarantee and Approving a Maintenance Guarantee for Village at Leesburg — Wegman's Food Market (TLPF 2006 -0009) e. Granting an Easement to Virginia Electric and Power Co and Verizon VA for the Downtown Improvements RESOLUTION 2012 -038 Granting an Easement to Virginia Electric and Power Co. (VEPCO) and Verizon Virginia, Inc. ( Verizon) for the Downtown Improvements Phase I Project f. Authorizing an Agreement and Approving a Performance Guarantee- Star Building Addition RESOLUTION 2012 -039 Authorizing an Agreement and Approving a Performance Guarantee and a Water Line Extension Permit for Star Building Addition (TLPF 2011- 0008) g. Authorizing an Agreement, Approving a Performance Guarantee, Approving a Water Extension Permit and Accepting a Cash Payment — Leesburg Toyota RESOLUTION 2012 -040 Authorizing an Agreement, Approving a Performance Guarantee, Accepting a Water Extension Permit, and Accepting a Cash Payment in Lieu of Construction of a Small Section of Sidewalk for Leesburg Toyota (TLPF 2011 -0009) The Consent Agenda was approved by the following vote: Aye: Butler, Hammler, Martinez, Titus, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Dunn absent) 5 1 pa e COUNCIL MEETING March 27, 2012 10. PUBLIC HEARINGS a. Courthouse Square Public Hearings The public hearings were opened concurrently at 8:17 p.m. i. Special Exception TLSE 2011 -0002 Courthouse Square Wade Burkholder gave a brief presentation on the three scheduled public hearings. Summary of Key Points: • Three public hearings • Special Exception request for a private parking structure defined by the zoning ordinance as a deck structure used for the parking of vehicles • Interim waivers for Zoning Ordinance section 3.18 • Town Code amendment (Section 32 -173) to designate an area of metered parking along the west side of Church Street • Three modifications of the zoning ordinance: • Modification to landscaping and buffering requirements • Modification to number of loading spaces requested • Modification to the number of street trees requested • All proposed uses are by -right uses in the B -1 zoning district • Council amended the zoning ordinance to permit buildings to be constructed up to a height of 65 feet in certain areas of the B -1 zoning district • 65 foot building could be built without special exception and parking in- lieu could be purchased without legislative action • Site is comprised of four parcels, which will require boundary line vacation prior to site plan approval • Mid -1970s portion of the Loudoun Times Mirror building will be demolished. Original portion of the building would remain. • Demolition and construction will need BAR approval • Town Plan states new development or infill redevelopment should reinforce the development patterns found within the Old and Historic District • Proposed development meets the all applicable objectives of the Town Plan • Estimated 400 -500 new employees downtown • Three metered parking spaces are proposed to be moved from Loudoun Street to Church Street to eliminate a site distance conflict that is existing. • Town Code amendment is required to move the three parking spaces as well as a DCSM waiver to reduce the design speed and reduction of the minimum intersection site distance length • Parking is calculated on shared use time of day factors • 336 spaces located inside the structured parking facility • 9 surface parking spaces around the building • 6 spaces purchased by payment in lieu 6 P COUNCIL MEETING March 27, 2012 • Overall reduction of 72 spaces from strict application of formulas in the zoning ordinance — 17.3% decrease in parking. Village at Leesburg has a 22% reduction in parking based on shared time of day language. • Agreement has been signed between the owners of the Birkitt Building and the developers to provide for parking for the Birkitt Building • Reductions in street trees and buffering requirements are recommended for approval because of size of frontage, travel lane proximity and site distance concerns • Height meets B -1 requirements with highest point concentrated away from Loudoun and Market Streets. • BAR review cannot begin until the legislative approval is received • 19 recommended conditions of approval, some of which are requirements • Blasting is regulated by the Fire Marshal's office • Planning Commission recommended denial by a vote of 4 -3 on March 1 Council Comments: • Fire truck accessibility. Staff Answer: The Fire Marshal has been a referral agency throughout the process and has had no specific concerns to date • Reduction in the number of loading spaces Staff Answer: The Town of Leesburg Zoning Ordinance is one of the strictest with requirements for loading spaces. Routine reduction in loading spaces has not had any impact. Bob White, representing Courthouse Square, gave brief comments regarding the application. Summary of Applicant Points: • Many difficulties with development of this property • Have performed the following studies: • Title and survey • Environmental • Asbestos • Archeological Phase I Investigation • Geotechnical boring analysis • Development and Utility feasibility study • Means and Methods letter on blasting and excavation Mark Baker, Bowman Consulting, addressed the background and site characteristics for the project. Summary of important points: • Opportunity to provide approximately 400 patrons for local restaurants and shops • This is a special exception for a parking garage; building was reviewed because it is integral to the parking garage 7 1 Page COUNCIL MEETING March 27, 2012 • Two levels of parking garage underground • Four sites include a number of ingress /egress easements to adjoining properties • No net loss in metered parking spaces Jeff Lewis, an architect with DBI Architects, presented information regarding the facade of the building and parking garage. Summary of important points: • The town has a rich streetscape expressing various times • Bulk of the building will be kept to the midblock, interior away from Market and Loudoun • Different fagade fenestration, materials, and planes are used to add interest to the building • Comments from the town's Preservation Planner were incorporated into the design Council Member Comments: • Need assurances of applicant's desire to work with the Board of Architectural Review to come up with a final design that can be approved Applicant Answer: Willing to collaborate • Blasting concerns — noise and impacts on fragile, older buildings Applicant Answer: Ted Lewis of GeoConcepts Engineering, stated they would follow the town's blasting ordinance as well as developing specific specifications for blasting that would meet and exceed requirements and pre - blasting condition surveys will be performed • Are there other types of excavation techniques that could be used besides blasting? Applicant Answer: Rock under the site is a mix of diabase and limestone conglomerate, which is very hard. Hoe - ramming is of limited use in a mass excavation. Don Ashbaugh, 420 West Market Street, stated the team that has been assembled to deal with the complexities of this site is perfect to develop the unique opportunity available on this site. Jim Sislev, 382 Deerpath Avenue SW, stated he is speaking as the Vice - Chair of the Leesburg Economic Development Commission. He stated his comments do not have anything to do with the purview of the Board of Architectural Review. He stated this is the best opportunity that Leesburg has to compete more successfully for jobs, limit sprawl, increase commercial tax base, add parking resources and provide foot traffic that is the lifeblood of downtown merchants. Cary Birkitt, DDS, 127 Chesterfield Place, SW, stated the building that houses his dental practice is owned by his father. Further, he stated the applicant 8 Pace COUNCIL MEETING March 27, 2012 has closely listened to their concerns and solutions agreeable and beneficial to both parties have been agreed upon. He stated after working with the applicant to reach a solution for their issues, he feels the applicant may be able to find solutions to make this project positive for the historic district. Ad Barnes, related a story about the town and how long time residents are a little suspicious about new people coming to town and what they would do to the character of the town. He asked the Council to consider what will happen to this town after this project is approved. He asked Council to be a good steward of the town. Stanley Caulkins, 102 Morven Park Road, SW, stated he has lived in town 75 years. He questioned whether it violates the ordinance of the old and historic district that he voted on in 1962. He questioned whether the town keeps track of special exceptions and knows what they have approved. He cautioned Council to be careful and hold the applicant's feet to the fire to come up with some more variations. Neil Steinberg, 2A Loudoun Street, SW, stated he is not currently in support of or against this project. He stated he has questions about parking. He expressed concern with the entrance to the parking facility being directly across from the county garage's exit. Further, he questioned whether larger tractor trailers would ever have to access the loading zone. Doris Kidder, Woodberry Road, stated the proposed structure is not in context with the rest of downtown Leesburg. She stated the applicant has answered all the questions but she would like to have the official documentation from the fire marshal and the blasting people. She stated Joanna Costin's buildings on Wirt Street and Church Street fit perfectly into the historic district and blend with the buildings around them. She suggested being careful and taking the time to further investigate this, is important since it is an important site in the downtown. Sandy Kane, 815 Kenneth Place, SE, stated she is speaking as a taxpayer in the Town. She stated she wants to address the issue of money. She stated the effort to keep the tax rate low needs to be considered when looking at this application. She stated the applicant needs to pay for the 76 parking spaces that they are deficient. She stated the $50,000 they are paying for signalization at Harrison Street will not pay for the light. Further, she stated the office building could be filled with county government employees, which would take away any BPOL tax benefits. She asked Council to defer the vote on this project. Suzanne Larkins, 3 Royal Street, SE, stated BAR concerns can be addressed later. She that even if Loudoun County rents space from the property owner, taxes will still be collected. She stated she feels the applicant is being a good steward of the property and is making an attempt to help the town. She stated she supports the issue of the parking garage. 9 1 Page COUNCIL MEETING March 27, 2012 Peter Burnett, 105 Loudoun Street, SE, stated the way a project is done has a lot to do with how successful it can be. He stated he originally opposed this development because he thought it was massive, insensitive, inappropriate, etc. He stated the applicant listened, withdrew the application and went back to the drawing board. He stated the effort to be accommodating shows. He stated the town desperately needs commercial base to get the taxes off the residential side. Don Culkin, 105 Loudoun Street, SE, stated he is in support of this application. He stated it provides a bridge to from the King /Market area to the Market Station area and complements the planned capital improvements that the town will start soon. Butch Porter, 7 Loudoun Street, SE, stated there are over 200 years of architecture history downtown. He stated this is an opportunity to have infill that does not sacrifice any of the character of downtown Leesburg. He stated the applicant has granted a lot of flexibility with respect to this process. Council Comments: • Concerns are massing, parking, fire safety, and waivers • 1800 additional cars at the Church Street /Loudoun Street intersection need a traffic signal • The vehicles that currently rent parking spaces will have to park somewhere else • No proffers are available for special exceptions On a motion by Council Member Hammler, seconded by Vice Mayor Wright, the following was proposed. - RESOLUTION2012 -041 Approving TLSE 2011 -0002 Courthouse Square to Permit a Structured Parking Garage on the Northwest Corner of Loudoun Street, SE and Church Street, SE Council Comments: • Cooperative parking arrangements • Improvements to alleyways • Increased foot traffic downtown with approximately 500 jobs • Will stay on the tax rolls whether or not leased by government entities • Creates an opportunity for more flexible space • Uses and height of building are by -right • Project will help offset tax revenues • Will the public be able to use parking facility on evenings and weekends? Applicant Answer: Yes, without restriction. • Conditions to approval means adjustments and agreements have been made to make a project better • Tie in between Market Station and the core of the downtown is important 10 1 Pa') COUNCIL MEETING March 27, 2012 • Construction of the site will have significant impact on the downtown • Proposed development is taller and more massive than historic development patterns in the Town of Leesburg • The BAR cannot fix a problem that the Council creates when it approves a massive structure • Reduction in available parking will aggravate parking problems downtown • Potential tax revenue will be used to solve transportation problems created by this development • Applicant has done an enormous amount of outreach The motion was approve was approved by the following vote: Aye: Butler, Hammler, Martinez, Wright Nay: Titus and Mayor Umstattd Aye: 4-2-1 (Dunn absent) ii. Request for Interim Waivers of the Leesburg_Zoning ordinance for TLSE 2011 -0002 Courthouse Square Structured Parkin Garage On a motion by Council Member Butler, seconded by Vice Mayor Wright, the following was proposed: RESOLUTION2012 -042 Approving a Waiver of Requirements of Section 11.3 Number ofParking Spaces -- Required Per Section 3.18 Interim Waivers of the Zoning Ordinance in Association with TLSE 2011 -0002 Courthouse Square Structured Parking Garage Council Comments: • Parking calculations provided meet ordinance requirements as relates to mixed use • Challenges to construction of structured parking facilities are appreciated The motion was approved by the following vote: Aye: Butler, Hammler, Martinez, and Wright Nay: Titus and Mayor Umstattd Vote: 4-2-1 (Dunn absent) iii. Amending Chapter 32 of the Town Code rewarding Metered Parktng_Spaces On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed: ORDINANCE 2012 -0 -009 To Amend the Town Code Part II Chapter 32 (Traffic and Vehicles) 11 1 Page: COUNCIL MEETING March 27, 2012 The motion was approved by the following vote: Aye: Butler, Hammler, Martinez, Titus, and Wright Nay: Mayor Umstattd Aye: 5-1-1 (Dunn absent) b. TLAP 2012 -0001 Leesburg Toyota — Appeal of a Decision by the Board of Architectural Review Council Member Hammler disclosed purchase of a vehicle from Leesburg Toyota and excused herself from the meeting. The public hearing was opened at 11:15 p.m. Brian Boucher presented the following important points: • Proposed building will take the place of existing former Honda and current Toyota showrooms • BAR approved elevations for Leesburg Toyota on September 19, 2011 • New application has substantial metal and glass panels • Translucent glass panels were lit in denied application, but will no longer be lit • Proposed elevations and materials are not grounded in the traditions of Leesburg • Trademark buildings can incorporate traditional elements Christine Gleckner, land use planner with Walsh Colucci, stated she is representing the applicant. Ms. Gleckner's important points: • Submitted a substitute matte finish metal tile • H -2 zoning was instituted after owner purchase • Upgrade will invest $10 million in the property • Use of the translucent panels achieves guideline of providing a clearly delineated entry feature • Building must be consistent with national corporate guidelines • Issue of illumination and shiny finish of the metal tiles have been addressed Richard Koochagian, Chair of the Board of Architectural Review made the following important points: • BAR must use tools provided by the Town Council in working with applicants to come to an agreeable conclusion • Changes in the application should be sent back to the BAR for review Council Comments: • Can appellant and BAR come to an agreement? BAR answer: Yes. • Can decision be deferred long enough to give the BAR time to reconsider this application with the changes outlined tonight? 121 Pag COUNCIL MEETING March 27, 2012 Staff Answer: Yes. BAR will meet again on April 9 — applicant granted an extension of the appeal to April 15. Toyota's Rebuttal: • Would prefer a decision to modify. • Do not want a vote of denial • Will accept a decision to revisit the BAR on April 9 • Will accept returning to the Council on April 10 Mr. Koochagian stated that the BAR would review the changes to the application at the April 9 meeting. Peter Yelas San Martin, Architect for the project. He stated that once approval was received from the BAR, the design was sent to Toyota for approval, which was denied. He stated they will not budge on the subject of the portal. Further, he stated they will try to get LEED certification for the building. Mike McNicholas, employee of Leesburg Toyota. He stated the first dealership opened in 1984 (Honda) and Toyota opened in 1992. He stated they currently employ 85 people and are growing at about 10 percent per year in people and revenue growth. He stated 2011 sales revenue was $4.5 million. He stated they paid $51,000 in business license taxes and $13,000 in real estate taxes. He stated the real property taxes and business taxes will increase significantly with the expansion of the building. He stated they tried to design a building that met what the town wanted from a design standard. He stated they made significant variations from Toyota's theme building and it was rejected by Toyota. He stated there is significant pressure on them as a franchisee to do things the way Toyota wants. He stated they are on a provisional agreement with Toyota and they can restrict bonus vehicles and or grant a franchise to another dealer nearby which would cripple them. He stated if they cannot make progress with the town and /or Toyota, they will be forced to leave the town. The public hearing will be left open and deferred until the April 10, 2012 meeting. Any additional information that is provided to the BAR will be provided to the Council. 11. RESOLUTIONS AND MOTIONS a. None. 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 13 1 Page COUNCIL MEETING March 27, 2012 14. NEW BUSINESS a. Request for Use of Council Chambers — Young People's Safe Haven On a motion by Council Member Martinez, seconded by Council Member Butler, the following was proposed: MOTION2012 -006 I move to authorize the Use of the Council Chambers for an event by Young People's Safe Haven on 4pril 14, 2012 The motion was approved by the following vote: Aye: Butler, Martinez, Titus, Wright and Mayor Umstattd Nay: None Vote: 5 -0 -2 (Dunn iHammlerabsent) 15. COUNCIL COMMENTS Council Member Hammler: Previously disclosed a meeting with the Courthouse Square applicants. Council Member Butler: Disclosed meetings with Courthouse Square applicants, Leesburg Toyota, Peter Kalaris for Meadowbrook, and Raspberry Falls residents. He wished Leesburg Today reporter, Kara Clark, well in her future endeavors. Council Member Martinez: Disclosed meetings with Courthouse Square applicants and Leesburg Toyota. 16. MAYOR'S COMMENTS Mayor Umstattd disclosed a meeting with Toyota. 17. MANAGER'S COMMENTS None. 18. CLOSED SESSION None. 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting was adjourned at 12:12 a.m., Wednesday, March 28, 2012. ` • C��6�. Kris en C. Umstattd, Mayor Town of Leesburg A T: Clerk of Co n 2012 tcmin0327 14 1 Page