HomeMy Public PortalAbout2010_tcmin0511COUNCIL MEETING
May 11, 2010
Council Chambers, 25 West Market Street, 7;30 p.m. Mayor Umstattd presiding.
Council Members Pres nt Thomas Dunn, II, Vice Mayor Katie Sheldon Hammler,
David Butler, Marty Martinez, Kenneth "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, Public Works Director Tom Mason, Library Director Alexandra
Gressitt, Economic Development Manager Marantha Edwards, Deputy Director of
Planning and Zoning Brian Boucher, Senior Planner Michael Watkins, Airport Director
Tim Deike, Senior Planner Mark Browning, and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. Call to Order
2. Invocation was lead by Council Member Butler
3. Salute to the Flag was lead by Girl Scout Troop 6457
4. Roll Call showing all present
5. Minutes
a. Work Session Minutes of April 26, 2010
On a motion by Vice Mayor Hammler, seconded by Council
Member Butler, the work session minutes were passed 7-0.
b. Regular Session Minutes of Apri113, 2010
On a motion by Vice Mayor Hammler, seconded by Council
Member Butler, the minutes were passed 7-0.
6. Adopting the Meeting Agenda (Amendments and Deletions)
On a motion by Council Member Wright, seconded by Council Member
Butler, the agenda was approved with Items 9a and 9b taken off the Consent
Agenda.
The motion to adopt the meeting agenda passed by the following vote:
Aye: Dunn, Butler, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
7. PRESENTATIONS
a. Certificate of Recognition - On a motion by Vice Mayor Hammler,
seconded by Council Member Dunn, a Certificate of Recognition was presented
to Gabriel Pearson for achievement of the rank of Eagle Scout.
b. Certificates of Appreciation - On a motion by Vice Mayor Hammler,
- seconded by Council Member Dunn, Certificates of Appreciation were
presented to the following members and leaders of Girl Scout Troop 6457 for
Town Council Meetino of Mav 11 2010 Paao 2
their work for the Tree Commission during the 2010 Flower and Garden
Festival.
-~ Samantha Armstrong Emma Cox
Maddie Dobscha Fernanda Estrella-Obregon
Julia Hudack Courtney McAlpine
Patricia McDaniel Meagan McDonald
Anya Sczerzenie Elena Sczerzenie
Erica Dobscha Kathy McAlpine
Beverly McDonald Dawn Glascock
Phil Sczerzenie
c. Certifcate of Aopreciation - On a motion by Vice Mayor Hammler,
seconded by Council Member Dunn, a Certificate of Appreciation was presented
to representatives of Rehau for [heir contribution and planting of the 2010 Arbor
Day Tree.
d. Proclamation -Asian Pacific Heritage Month - On a motion by Vice Mayor
Hammler, seconded by Council Member Dunn, the following Proclamation was
issued:
PROCL4MAT/ON
A3UW/PACIFIC AMERICAN HERBAGE MONIII
MAY Y010
WHEREAS, President Jimmy Carter signed a joint resolution
declaring the frst Asian/Pacifc American Heritage Week in 1979; and
WHEREAS, President George H. W. Bush extended the
celebration to Asian/Pacific American Heritage Month in 1992; and
WHEREAS, Asian/Pacifc Americans represent more than 30
ethnic backgrounds and are one of the fastest growing ethnic groups in
the United States; and
WHEREAS, Virginia is home to a rich and diverse population,
drawing people from nations around the world; and
WHEREAS, it is appropriate to recognize the achievements and
continued contributions of Asian/Pacific Americans to Loudoun County,
the Town of Leesburg, and our nation.
THEREFORE, the Mayor and Town Council of the Town of
Leesburg in Virginia hereby proclaim the month of May of the Year 2010
as Asian/Pacifc American Heritage Month, and urge the citizens of
Leesburg to join in recognizing the achievements of Asian/Pacific
Americans and to celebrate their contributions to our nation's history.
PROCLAIMED this 11`" day of Mav 2010.
e. Proclamation -Tourism Month - On a motion by Vice Mayor Hammler,
seconded by Council Member Dunn, the following Proclamation was issued:
Town Council Meeting of Mav it 2010 Paoe 3
P/;OCLAMAT/ON
Natlonal Travel and TouHsm Week
Mav 8- Mav 16. 2010
WHEREAS, travel to and within the United States provides
signifcant economic benefits for the nation, including direct expenditures
by domestic and international travelers totaling $704 billion; and
WHEREAS, the travel industry ranks as the 5`" largest employer
in the United States among the top 10 industries in 48 states and the
District of Columbia when measured by employment; and
WHEREAS, the tourism industry contributes substantially to the
Leesburg community cultural and social well being by way of the
attractions, special events, arts, shopping and dining opportunities; and
WHERAS, each Leesburg household receives more than $153.48
annually in combined Town and County tax relief as a result of visitor
spending; and
WHEREAS, 44 group bookings were made which alone
generated more than $1,069,847 in direct visitor spending to the Town
of Leesburg; and
WHEREAS, travel can serve as a catalyst to help move the
national economy forward.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim the week of May 8 through May 16 in the Year
2010 as Travel and Tourism Week in the Town of Leesburg and urge the
citizens to support our local tourism industry businesses.
PROCLAIMED this llm day of MaK 2010
f. Proclamation -Business Appreciation Week - On a motion by Vice Mayor
Hammier, seconded by Council Member Dunn, the following Proclamation was
issued:
P/IOCLAMAT/ON
BUSINESS APPRECUTION WEEK
MAY 16 -Mav 22. 2010
WHEREAS, Governor Robert F. McDonnell has recognized May
16-22, 2010 as BUSINESS APPRECIATION WEEK in the
COMMONWEALTH OF VIRGINIA, and called this observance to the
attention of all citizens; and,
- WHEREAS, Virginia and its localities recognize that jobs and
investment follow private businesses that seize opportunities to expand
Town Council Meeting of Mav 11 2010 Paae 4
markets, develop new products, and invest in equipment that improves
productivity; and
WHEREAS ,the Town of Leesburg has joined the
Commonwealth in developing a business climate of opportunity to
encourage entrepreneurial risk-taking, investment, and job growth; and
WHEREAS, businesses in Leesburg, Virginia play a significant
role in growing the economy of the Commonwealth when they assume
market risks to reap the rewards of pursuing opportunity; and
WHEREAS, Business Appreciation Week increases public
awareness of the valuable contributions that businesses make
throughout our community.
THEREFORE, the Mayor and Town Council of the Town of
Leesburg in Virginia hereby proclaim the week of May 16 -May 22 ,the
Year 2010 as Business Appreciation Week in the Town of Leesburg and
urge the citizens of Leesburg to support our local businesses and do their
part to support a healthy economic environment for the Town of
Leesburg.
PROCLAIMED this 11`" day of Mav, 2010
g. Proclamation -Preservation Week an Your Library- On a motion by Vice
Mayor Hammier, seconded by Council Member Dunn, the following Proclamation
was issued:
P/tOCLAMAT/ON
PRESERVATION WEEK @ YOUR LIBRARY
MAY 9 •15. 2010
WHEREAS, it is important to celebrate the role that history has
contributed to our lives, shaping each one of us, connecting us with the
diverse and unique heritage of our country, state, county and town, and
instilling community pride; and
WHEREAS, in 2005, the frst comprehensive national survey of
the condition and preservation needs of the nation's archival collections
reported that U.S. institutions hold more than 4.8 billion items and that
libraries alone hold 63% of those collections, or 3 billion items; and
WHEREAS, books, manuscripts, photographs, prints, drawings
and maps document and preserve our shared history; and
WHEREAS, preserving these collection materials promotes
democracy, protect and chronicles the past, informs the present and help
to shape the future; and
Town Council Meeting of Mav 11 2010 Paae S
WHEREAS, an uncounted number of additional items is held by
individuals, families and communities, including video and sound
recordings that capture daily life, pertorming arts, oral histories and
other records of our past; and
WHEREAS, natural disasters of recent years have taught us that
personal, family and community collections are at risk; and
WHEREAS, Preservation Week @ Your Library will address the
need to preserve the valuable collections of individuals, families and
communities by providing resources, success stories, programs and
projects which focus on libraries, like the Thomas Balch Library, as places
for preserving our heritage; and
THEREFORE, the Mayor and Town Council of the Town of
Leesburg in Virginia hereby proclaim the week of May 9`^ through 15`^ of
the Year 2010 as Preservation Week @ Your Library in the Town of
Leesburg and encourage all citizens of Leesburg to visit the Thomas
Balch Library this week to see a special exhibit on preservation and to
take advantage of the Library's resources.
PROCLAIMED this 11`^ day of Mav, 2010
h. Proclamation -National Dav of Praver - On a motion by Vice Mayor
Hammier, seconded by Council Member Dunn, the following Proclamation was
issued:
PROCLAMAT/ON
NATIONAL DAY OF PRAYER
MAY 6, 2010
WHEREAS, in 1852 the United States Congress established an
annual Day of Prayer; and
WHEREAS, that law was amended in 1988 to designate the first
Thursday in May as the National Day of Prayer; and
WHEREAS, people in Towns and Cities across America observe
the annual National Day of Prayer; and
WHEREAS, this is a time for citizens of all faiths to join together
to pray for our national, state and community leaders; and
WHEREAS, this year's theme "Prayer for Such a Time as This'
will be highlighted.
THEREFORE, the Mayor and Council of the Town of Leesburg in
Virginia hereby proclaim May 6, 2010 as The National Day of Prayer.
PASSED this 11`" day of Mav 2010.
Town Council Meeting of Mav 11. 2010 Paoe 6
i. Proclamation -National Preservation Month - On a motion by Vice Mayor
Hammier, seconded by Council Member Dunn, the following Proclamation was
issued:
PBOCLAMAT/ON
National Preservation Month
May 2010
WHEREAS, Leesburg is over 250 years old and features
resources that date from the earliest days of the Town's founding; and
WHEREAS, the Town of Leesburg established the Old and
Historic District in 1963; and
WHEREAS, historic and cultural resources are prevalent
throughout the community, even outside the boundaries of the Old and
Historic District; and
WHEREAS, historic preservation can be an effective tool for
managing growth and sustainable development, revitalizing
neighborhoods, fostering local pride and maintaining community
character while enhancing livability; and
WHEREAS, historic preservation is relevant for communities
across the nation, both urban and rural, and for Americans of all ages,
all walks of life and all ethnic backgrounds; and
WHEREAS, it is important to celebrate the role of history in our
lives and the contributions made by dedicated individuals in helping to
preserve the tangible aspects of the heritage that has shaped us as a
people; and
WHEREAS, "Old is the New Green" is the theme for National
Preservation Month 2010.
NOW, THEREFORE, be it resolved that the Council of the Town
of Leesburg in Virginia do proclaim May 2010 as National Preservation
Month, and call upon the people of Leesburg to join their fellow citizens
across the United States in recognizing and participating in this special
observance.
PASSED this 11`" day of Mav, ZO10.
j. Tolbert Award - Doner Bistro - Dr. Neely Law, Chair of the
Environmental Advisory Commission presented Timo Wenkel and Nicole
Marschall with the 2010 John W. Tolbert, Jr. Environmental Achievement Award
in recognition of their efforts to contribute to protecting the Town's natural
resources. They are the frst restaurant in Leesburg to be certifed "green" by
the Commonwealth of Virginia.
k. Environmental Advisory Commission (EACI Website Update - Dr. Neely
Law displayed changes to the EAC web page including new interactive features
Town Council Meeting of May 11, 2010 Paae 7
designed to elicit feedback from the public regarding the Commission's efforts to
protect and enhance Leesburg's natural resources.
8. PETITIONERS
The Petitioners section was opened at 8:03 p. m.
Kelly Burk, Loudoun County Board of Supervisors, stated the Board of
Supervisors will be holding the first hearing on the County Wide Transportation Plan
tomorrow. She stated each Board member will come up with five road projects they
feel are most important for their districts and five transit projects. She asked the
Council to sum up their fve most important projects. She stated roundabouts are
considered very good traffic control measures and have been met with a number of
awards. She encouraged the Council to consider roundabouts whenever possible.
She noted the county will only receive $1,000 from the state for transportation needs
this year.
The Petitioners section was closed at 8:05 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Reid, seconded by Council Member Wright,
the following consent agenda was proposed:
a. Awarding the Contract for Construction of Lowenbach Improvements
Phase lI
RESOLUTION 2010-048
Awarding the Lowenbach Street Improvements, Phase II Project
Construction Contract
Easements for Battlefield Pa rkwav (Edwards Ferry Road to Fort Evans
Road
RESOLUTION 2010-049
Declaring that a Public Necessity and Use Exist, Authorizing an Offer to
Acquire Easements for the Battlefield Parkway -Edwards Ferry Road to
Fort Evans Road Project, and Authorizing Condemnation if the Offer is
not Promptly Accepted
c. Supplemental Appropriation for Airport Security Gate
RESOLUTION 2010-050
Approving a Supplemental Appropriation for $12,057 to the FY 2010
Airport Fund Operations Budget for Installation of an Electronic Security
Gate for South Apron Tenants
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
30. PUBLIC HEARINGS
a Approving Town Plan Amendment TLTA 2008-0002 Cornerstone Chapel
-- to Remove a Section of Tolbert Lane from the Roadway Network Policy
Mao
Town Council Meeting of Mav 11. 2010 Page 8
Council Member Wright made the following disclosure: "In addition to
my previous disclosures on the application by Cornerstone Chapel, I wish to
state that my family and I have attended this church and have been regular
- attenders of this church for almost five years. I am a member of the Timothy
council but I do not hold any position within the church with decision making
authority. The present regular attendance of the church is approximately
2,500 and I am but one of many. I am making this disclosure even though it
is not required under the Conflict of Interest act or the Ethics Policy of the
Town Council and, as with any application that comes before the Council, I will
carefully consider all the facts and circumstances before making a decision."
Vice Mayor Hammier stated that in the interest of disclosures that Ted
Kalriess has been deeply involved with this project and he was her nominee to
the Planning Commission prior to his resignation.
Mayor Umstattd verified that these things would not require recusal
under any law or rule of Council.
The public hearing was opened at 8:10 p.m.
Mike Watkins reviewed the application to remove a portion of Tolbert
Lane from the Town Plan Roadway Network Policy Map. He stated the
Planning Commission has recommended approval contingent on approval of
the rezoning application.
Gary Hamrick, senior pastor for Cornerstone Chapel, stated the original
group of 18 charter members has grown to over 2,500 on a typical weekend.
_ He stated they have four weekend worship services, a midweek service, and
had 4,500 for Easter. He stated they have outgrown their current space and
need to move. He stated they have given away more than $2 million in
missions and outreach projects. He stated they asked members of the
congregation to show their support by signing a statement of support. He
stated they consolidated more than 1,700 signatures as record of those were
not able to fill the Council Chambers.
Bob Sevila, representative for Cornerstone Chapel, reviewed the history
of Tolbert Lane. He stated when Town Plan was last rewritten in 2005, Tolbert
Lane was downgraded from a major collector to a public street and cul-de-sacs
were created. He also stated when the ILS approaches were approved for the
airport, Battlefield Parkway was moved further north away from Tolbert Lane.
Council Member Reid questioned what the by-right use is for this
property.
Mr. Sevila noted the by-right use is PEC and under the approve
rezoning there would be an excess of 500,000 square feet which would have
greater impact on [he surrounding properties.
Orville C. Pavnter, stated he has lived in Tavistock Farms since 2003.
He encouraged Council to approve this request. He stated this is a key aspect
of the project.
Town Council Meetino of Mav 11. 2010 Paae 9
Reagan Klino, 816 Melody Court, stated he is one of the original
attendees of Cornerstone Chapel. He stated he also serves on the board and
they have spent a lot of time designing this building.
Ben Judd, 811 Duncan Place, stated he supports this proposal to
remove Tolbert Lane from the Roadway Network Policy Map and supports the
rezoning application. He stated Ted Kalriess has kept he and his neighbors on
Duncan Place up to date on all developments through meetings and phone
calls and has made himself available to answer any and all questions at all
times. He stated this application appears to have the least amount of impact
on the homeowners compared to any other commercial development.
Pat Taves, attorney representing Long Lane Associates, stated his client
owns Parcel lA adjacent to the Cornerstone property. He stated in 1988, the
Cornerstone property and the Long Lane property were rezoned under the
same proffers.
The public hearing was closed at 8:43 p.m.
On a motion by Council Member Martinez, seconded by Council Member
Reid, the following was proposed:
ORDINANCE 2010-0-011
Town Plan Amendment TLTA 2008-0002, Cornerstone Chapel,
Removing a Portion of Tolbert Lane from the Town Plan Roadway
Policy Map
Council Member Reid stated this is a good use of the property and fits
very nicely in to the Town Plan. He noted the nature of Tolbert Lane has
changed with a dead end at Miller Drive.
Council Member Butler stated before Battlefield Parkway was built,
Tolbert Lane made a lot of sense, but now with the new sections of Battlefield
Parkway it no longer makes any sense.
Council Member Martinez agreed that the character of Tolbert Lane is
now gone.
The motion was approved on the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
b. Aoorovino Rezoning Application TLZM 2008-0001 Cornerstone Chanel
to Amend [he Existino Proffers and Concept Plan for Rezoning
Application #ZM-98 to Rezone the Property from PEC Planned
Employment Center District. to B-3, Community Retail
Aoorovino Special Exception application TLSE 2008-0008 Cornerstone
Chanel to Permit a Child Care Center
Mayor Umstattd opened the two public hearings jointly at 8:43 p. m.
Mike Watkins stated the zoning map amendment is a request to
rezone the property from its current zoning of PEC (Planned Employment
Town Council Meetino of Mav 11, 2010 Paae 30
Center) to B-3 (Community Retail District) and the special exception
application is to approve a child care center for up to 120 children. He noted
the proffers associated with ZM-96 included substantial conformance,
maximum total of 525,000 square feet of building, traffic light contributions,
dedication of rights of way, frontage improvements to Sycolin Road and
Battlefield Parkway, restricted uses and special exceptions, architectural
design, off-site transportation contribution of $0.40 per square foot of
building or $210,000 and a fire and rescue contribution of $0.10 per square
foot of building and a subsequent subdivision of the parcel into three separate
parcels.
He noted one piece of the property has moved forward and developed
under the previous concept plan and is approved for a maximum of 119,000
square feet of building.
He reminded Council of the rezoning criteria to take into consideration
consistency with the Town Plan, consistency with any binding agreements
with Loudoun County, mitigation of traffic impacts including adequate
accommodation of anticipated motor vehicle volumes and emergency vehicle
access, compatibility of the surrounding neighborhood and uses, and
provision of adequate public facilities. He also reminded Council of the
criteria for special exception review including the application having no
adverse impact on neighboring properties, compliance with applicable zoning
district regulations in the Town Plan, development of the property will not
hinder or discourage appropriate development and use in adjacent or nearby
buildings, proposed uses do not generate vehicular or pedestrian hazards or
conflict with the adjacent street network.
He described the layout of the site and the phasing of the
development. He stated the community office designation in the Town Plan is
intended to provide diverse employment needs and provide retail and
personal services to those employees. He noted, if rezoned, the property will
become institutional and have tax exempt status.
Mr. Watkins stated the Planning Commission has recommended
approval of these applications with the following provisions:
1. Removal of roadway signage from the Concept Development Plan. He
stated the applicant has provided an aesthetically pleasing signage; however,
the roadway will be a private road within a public easement which makes the
MUTC standards applicable. He stated staff is unable to modify those and
asked that they be removed from the concept plan.
2. Off site transportation contribution. He stated the Planning
Commission suggested a traffic management plan in lieu of a traffic signal at
the intersection of Battlefield Parkway and Beauregard Drive.
He discussed the recommended conditions for approval of the Special
Exception including substantial conformance with the special exception plat,
no expressed or implied waivers, limit on number of children (120), location
of child care use limited to the building identified on the special exception plat
and an on-site traffic management plan be required.
Council Member Dunn asked for confirmation of the traffic pattern for
-- drop off and pick up at the Child Care center.
Town Council Meeting of May 11 2010 Paae 11
Vice Mayor Hammler discussed that the traffic impacts would be
primarily on Sunday and questioned the impact on town police.
Mr. Watkins stated the traffic management plan would put the
requirement for traffic management on the applicant.
Vice Mayor Hammler questioned what the effect on the tax base would
be as a result of rezoning this property to an institutional use.
Mr. Wells noted this property was purchased by the church a number
of years ago and it was very clear in what direction this property was going in
terms of development as an institutional use.
Council Member Martinez verified the signal will stay at the
intersection of Sycolin and Tolbert. He questioned whether a signal will be
put at the intersection of Beauregard and Battlefield.
Mr. Watkins stated it is staff's recommendation that the applicant be
required to construct the signal at Beauregard and Battlefeld, but the
Planning Commission encouraged staff to come up with an alternative for
Council's consideration, which is the traffic management plan.
Council Member Martinez agreed with the traffic management plan as
Battlefield Parkway should remain a parkway without signals every few
hundred yards.
Council Member Wright asked for clarification of the issue with the
roadway signage and the traffic management plan.
Mr. Watkins stated because of the applicability of a higher standard
than the local level, staff has to recommend that the signs be removed. He
stated with respect to the traffic management plan, it will only be applicable
to the intersection of Battlefield and Beauregard and in case of failure of the
traffic management plan, the applicant would be required to pay the full price
to install the traffic signal.
Council Member Butler verified the light at Tavistock Drive and
Battlefield Parkway is still in the CIP and stated that he hoped an additional
light at Beauregard would not be necessary. He noted that #1 and #2 of the
staff comments on Page 36 are not satisfied by the Ordinance the Council will
vote on tonight. He questioned the status of comments #3-7 and verified the
signage is still an open item.
Mr. Watkins stated the applicant provided the note on the plan and
they have worked out the buffer yard labels and language with regards to
buffer yards. He stated the applicant has been notifed if there are any issues
with regards to additional clearance, they may need a concept plan
amendment. He confirmed the signage is still open.
Council Member Dunn questioned whether the traffic at the
intersection of Miller at Sycolin is deemed to be heavier traffic than what
would be present at Beauregard and Battlefield.
Town Council Meeting of Mav 11 2010 Paae 12
Mr. Watkins noted the anticipated use for this property is an increase
in the number of seats so the impact with regards to Miller at the church's
current location is an increase.
Vice Mayor Hammler stated that a citizen is concerned the Church was
originally supposed to build a portion of Battlefield Parkway that was
completed by others. She stated she is not sure whether that was a
requirement or not, but there is concern that there should be a contribution
towards the Sycolin Road flyover or the Sycolin Road widening project.
Mr. Watkins stated the approved #ZM-98 concept plan included
proffers for dedication of right of way and frontage improvements to Sycolin
Road and Battlefield Parkway. He stated the dedication of right of way has
been satisfied, but the frontage improvements were provided by the Town of
Leesburg as development did not occur in time to provide the improvements.
He stated it was the finding of staff that the previous concept plan identified
off-site road contributions that included signals at the bypass and Sycolin
Road and Battlefield and Sycolin Road. He stated that as of this date, all the
monies that were required for that contribution have been satisfied and with
regards to the road improvements, with this proposed plan, staff was not able
to find where any additional off-site traffic improvements would be necessary
other than the traffic signal at Beauregard and Battlefield.
Vice Mayor Hammler questioned the value of the frontage
improvements provided by the Town.
Mr. Watkins stated he would provide that information to Council.
Bob Sevila discussed the applicant's proposal. He discussed the uses
allowed under the current zoning and displayed a drawing of what the site
might look like with those uses. He noted the proposed daycare is the
Heaven Sent Daycare currently being operated out of the church's space on
Miller Drive. He stated with the relocation of Cornerstone Chapel to its new
home on this property, it will be vacating the Miller Drive location which will
be sold. The Miller Drive property was constructed and is zoned as
commercial space, which will offset any concerns over loss of tax revenue for
the change from PEC to institutional use.
Mr. Sevila stated the applicant pledges [o work with staff regarding the
signage for the roundabout. He stated they would like an aesthetically
pleasing sign plan; however, the signage is not something they will allow to
stand in the way of approval. With regards to the warrants for the traffic
signal at Beauregard Drive, he stated the warrants will be met in 2016, but
only at three points during the hours of 9-12 on Sunday mornings and the
applicant's proposed traffic management plan will adequately address the
traffic flow during those time periods as the traffic management plan
currently in place at Miller Drive does.
Ted Kalriess stated the applicant wished to create anon-traditional
college setting that would serve as a gateway into town. He stated the old
Shreve Farm location would be preserved as a picnic site/green space and the
buildings would incorporate stone, wood and significant fenestration of the
-- fagade. He pointed out features that were designed to save trees on the
property.
Town Council Meeting of Mav 11. 2010 Paae 13
Council Member Wright questioned the roundabout signage and what
remedies might be available to address this issue.
Mr. Boucher stated there is no way to waive the Manual on Uniform
Traffic Control Devices (MUTC) requirements for public street signage. He
stated a note could be added to the plan stating the roundabout signage will
conform to the MUTC standards.
Mr. Sevila stated he understands staff concerns regarding the signage.
He stated the applicant is prepared to offer a new proffer #10: "The
roundabout signage as shown on Sheet 12 of the Concept Development Plan
shall comply with the standards of the Manual on Uniform Traffic Control
Devices".
Patti Broderick, 602 Talmadge Court, stated she has lived in the
community and been a member of the church for 11 years. She stated she is
ecstatic at the elegance of the campus design. She stated Cornerstone is a
place for the youth to go that is a model for positive behavior.
Scott Small, 807 Duncan Place, stated his property is very close to the
proposed Phase II buildings and his first knowledge of this plan was three
months ago when he received a certified letter. He agreed that this would be
abetter use than a PEC use, but he would like to address the fact that neither
he or some of his neighbors were aware of this project.
Cindv Kling. 816 Melody Court, stated she moved to Leesburg because
they had been attending Cornerstone and commuting from Fairfax. She
stated she supports the church's efforts to save so many trees and the extra
effort shows the church's dedication to the community.
Reagan Kling, 616 Melody Court, clarified Cornerstone Chapel is an
affiliate of Calgary Chapel and as such, do not have an overarching
denomination that supports them financially. He stated every dollar being
raised comes from the people who love Cornerstone Chapel.
Orville C. Pavnter, 606 Buchanan Court, applauded Council for
approving the Town Plan amendment stating it exhibited prudent and sensible
governance. He stated that currently the church has one exit onto Sycolin
Road, but the new property will have an additional exit onto Battlefield. He
stated the campus feel of this property will enhance the neighborhood and
neighborhood values.
Pat Taves, representative for Long Lane Associates Limited
Partnership, stated there are a number of things he agrees with in association
with [his application, but it is very important to meet the Virginia Code. He
argued the Council does not have the authority to approve this proffer
amendment. He stated the proffers approved in 1989 also covered the Long
Lane and Red Cross properties. He stated his belief that the town cannot
amend the proffers for one without amending them for all property owners.
He stated one mandatory legal requirement for proffers is that they must be
voluntary. He noted the applicant's statement that they are reducing the
total amount of building square footage from 525,000 square feet is incorrect
as the 525,000 refers to the total amount permitted across all three
properties as allowed in the previous rezoning. He stated Long Lane was told
Town Council Meeting of May 11 2010 Paae 14
in 2008 that this proposal would not proceed unless Long Lane was a party to
it. He stated a previous memo stated "this application seeks to amend the
proffers for #ZM 9B, a portion of which land is now owned by the American
- Red Cross and another portion by Long Lane. These entities must be added
as parties to the proffers as parties materially affected by the proposed
project". He stated that Long Lane built its section of Tolbert Lane with the
reasonable expectation that Tolbert Lane would be completed. He stated if
the Council chooses to approve this application, Long Lane will have no option
other than to go to court to have it overturned. He requested more time to
discuss this and asked that the Council consider Long Lane's legal and moral
rights in making their decision on this project.
Hugh Forsyth, 527 Fortress Circle, stated he is the president of the
8eauregard Estates Homeowners Association. He stated they have queried
the homeowners and they have no negative comments. He noted they do not
want a light at Beauregard Drive and Battlefield Parkway.
The public hearings were closed at 10:38 p.m.
On a motion by Council Member Wright, seconded by Council Member
Dunn, the following was proposed:
ORDINANCE 2010-0-012
Approving Rezoning Application TLZM 2008-0001 Cornerstone Chapel
to Amend the Existing Proffers and Concept Plan for Rezoning
Application #ZM-98 to Rezone the Property from PEC, Planned
Employment Center District, to B-3, Community Retail
Council Member Wright stated in looking at the Zoning Ordinance and
the requirements he finds this project consistent with the Town Plan. He
stated at the time of the adoption of the most recent Town Plan, the church
made it clear that this property would be developed as a church. He stated
the traffic impacts have been satisfied and the project is compatible with the
community. He stated this applicant has gone above and beyond the
requirements of the Town Plan and the Zoning Ordinance.
Council Member Dunn stated he thinks this is a good application that
will be good for the community. He stated his full support for this project.
Vice Mayor Hammier stated this is an important project for this
quadrant of town. She stated other areas of town have a lot of opportunities
for bucolic settings where trees are preserved and there is open space, which
is very important for quality of life. She stated it is the Council's
responsibility to seek a balance and everyone will be better served by this
type of development with regards to traffic impacts.
Council Member Martinez stated he is supportive of this application.
Council Member Butler stated he appreciates the emphasis on saving
trees on this application. He stated having two entrances for the church will
actually alleviate some of the traffic concerns.
- Council Member Reid stated he supports this application and is
confident the church will be able to work things out with Mr. Taves and his
Town Council Meeting of Mav 11 2010 Page 15
client. He noted in the proffers that the church will be using LEED and green
building strategies. He stated that if the project gets held up in the site plan
process, the church should talk to Mr. Wells.
Mayor Umstattd stated her appreciation for the members of the church
and Long Lane Associates for coming to the public hearing. She stated this
church is an essential part of the community and expressed her support for
this project.
Council Member Wright stated he looks forward to supporting this
application and reassured everyone the tree save areas are proffered.
The motion was approved on the following vote:
Aye: Buller, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Wright, seconded by Vice Mayor
Hammler, the following was proposed:
RESOLUTION 2010-051
Approving Special Exception Application TLSE 2008-0008 Cornerstone
Chapel to Permit a Child Care Center
Vice Mayor Hammler stated the importance of working together with
younger children, and noted the ROCK program for at risk kids.
Council Member Dunn stated the Special Olympics is looking for a
place to hold their introductory program for children ages 3-7 to start learning
the skills necessary to participate in the Special Olympics.
The motion was approved on the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
11. ORDINANCES
a. None
12. RESOLUTIONS AND MOTIONS
a. Awarding the Civil Engineering Continuing Services Contract for Utility
Soecific Proiects to Hazen and Sawver. P C
On the motion of Council Member Wright, seconded by Council Member
Martinez, the following was proposed:
RESOLUTION 2010-052
Awarding a Civil Engineering Continuing Services Contract for Utility
Specific Projects to Hazen and Sawyer, P.C.
Council Member Wright stated any work ordered under this contract has
-- already been approved through the budget process.
Town Council Meeting of Mav 11 2010 Page 16
Council Member Dunn questioned the issue of $100,000 versus
$500,000.
-~ Mr. Wells stated the contract allows for approval for authorization for
work from the selected company for projects up to $100,000. He stated three
or four small projects of $50,000 would each be authorized as separate
projects to the contract, but the sum total of the work that can be pertormed
within any one year is $500,000. He verified this has not been done in Utilities
in the past, because in the past capital projects have been done principally by
the Capital Projects department but some of the projects have been
decentralized and are run by the department. He noted some projects are
maintenance related. He stated it is not an uncommon practice in local
government as it is more cost effective than having to bid out each individual
project.
Council Member Reid requested a report during the year as to how
much has been spent. He offered that as a friendly amendment because the
range is large and this is related to the Utility Fund.
Mr. Wells stated if there are issues with the projects, the projects need
to be looked at, not the contract for continuing services. He stated these
projects were approved as part of the budget.
Council Member Wright did not accept this amendment as friendly
because he feels it does not belong as part of the contract award and the
information can be asked for at any time.
_ Council Member Reid expressed his concern that as part time
legislators, Council may not have time to request the information later. He
stated this is a large amount of money and Council needs to keep track of it.
The motion was approved on the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Wright and Mayor
Umstattd
Nay: Reid
Vote: 6-1
b. Initiating TLTA 2010-0001 Amendments to the Town Plan to Remove
Certain Planned Roadwav Imorovements
On a motion by Council Member Butler, seconded by Council Member
Wright, the following was proposed:
RESOLUTION 2010-053
Initiating an Amendment to the Town Plan to Remove Certain Planned
Roadway Improvements from the Road Network Policy Map and to
Amend the Text as Appropriate and Necessary to Reflect the Removal
of those Planned Roadway Improvements
Council Member Wright stated this leaves a very small stub of Trailview
Boulevard from Crosstrail that just stops at Keystone. He stated it is within
the town limits. He questioned why this is left in the plan and recommended
that the Planning Commission consider taking Trailview off from Crosstrail to
-- Battlefield because the more logical terminus would be where it hits Crosstrail
rather than Keystone. He made this as a friendly amendment.
Town Council Meetino of Mav 11 2010 Paqe 17
Council Member Butler accepted this as a friendly amendment.
Council Member Reid stated he thought it would be necessary to tee
Russell Branch into Trailview, which is not shown on the Town Plan because
Russell Branch is now the only alternative to Route 7. He asked the Planning
Commission look at the feasibility of having Russell Branch go to Crosstrail.
Calvin Grow stated as part of the 527 Plan, the town looked at
removing Trailview between Keystone and Battlefield because there is a large
piece of property, the Hunter-Dowdy Property, that would have to be serviced
by a road. He recommended leaving the resolution as is or the 527 Plan would
have to be amended.
Council Member Wright questioned why staff did not delete this section
of road, despite the fact that it terminates in Floodplain.
Mr. Grow stated that would leave this property with one access in and
out. He stated the developer of the Hunter-Dowdy property will need to
determine whether or not the one access point will be sufficient. He noted the
owners have talked about bridging the flood plain.
Council Member Reid made a motion to amend the resolution back to
the original wording. The motion was seconded by Council Member Dunn.
Council Member Wright stated his feeling that this discussion process
needs to be discussed as broadly as possible.
The motion to amend was approved by the following vote:
Aye: Dunn, Hammler, Reid, and Mayor Umstattd
Nay: Butler, Martinez, and Wright
Vote: 4-3
Council Member Wright stated he would still support this item because
he has been trying to get these updates made, but he is incredibly
disappointed that the intent of this amendment has been disregarded.
The motion was approved on the following vote:
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
c. VDOT Six Year Plan (FY 2011-20161
On a motion by Council Member Reid, seconded by Council Member
Dunn, the following was proposed:
RESOLUTION 2010-054
Requesting Virginia Department of Transportation (VDOT) Funding for
Highway Projects within the Town of Leesburg in the Virginia
Department of Transportation Siz-Year Improvement Plan for Fiscal
Years 2011-2016
The motion was approved on the following vote:
Town Council Meeting of May 11 2010 Page 18
Aye: Butler, Dunn, Hammler, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
14. UNFINISHED BUSINESS
a. None
15. NEW BUSINESS
a. County Wide Transportation Plan
On a motion by Council Member Reid, seconded by Vice Mayor
Hammler, the following was proposed:
MOTION 2010-005
Moving Approval of the Draft Letter Providing Comments on the
County-Wide Transportation Plan
Mr. Browning noted with respect to the bullet point regarding the
completion of Battlefield Parkway from Route 621 to Route 15, the timing of
the project should be specified as a near term project in Appendix 3 of the
CTP, which would put it in the 2010-2014 time frame.
Council Member Reid stated Supervisor Burk recommended a list of five
projects, but to really delineate the roads that the town would like to see
improved, they need to be listed (Route 15 north and south of town, Dry Mill
Road, Evergreen Mill Road, Sycolin Road, and Edwards Ferry Road. He
requested adding a list of accidents on those roads to the letter as an
attachment.
Council Member Martinez recommended the language "any two lane
road that is a gateway into town".
Vice Mayor Hammler accepted the friendly amendment and
recommended [he issues be arranged by bullets to make it easier to read.
Mr. Browning stated the CTP currently includes the widening of several
of the roads mentioned including Evergreen Mill Road, Sycolin Road, Route 15
south to Route 704, and Fort Evans Road.
Council Member Reid asked for an amendment regarding abus/truck
lane north of town to Point of Rocks.
Vice Mayor Hammler accepted this amendment as a bullet point.
Council Member Butler made a motion to strike that amendment
because that would encourage more traffic from southern Pennsylvania or
Maryland.
Mayor Umstattd seconded the motion to strike for reasons of
discussion.
Council Member Reid withdrew his amendment regarding bus/truck
- lanes. He stated he would still like the attachment to be sent with the letter.
Town Council Meeting of Mav 11 2010 Raoe 19
The motion was approved on the following vote:
Aye: Butler, Dunn, Hammier, Martinez, Reid, Wright and Mayor
Umstattd
- Nay: None
Vote: 7-0
16. COUNCIL COMMENTS
There were no comments.
16. MAYOR'S COMMENTS
No comments.
17. MANAGER'S COMMENTS
No comments.
I6. CLOSED SESSION
None.
19. ADIOURNMENT
On a motion by Council Member Martinez, seconded by Council Member Butler,
the meeting was adjourned at 11:39 p.m.
Clerk of Co nci
2010_[cmin0511
i
n C. mstattd, Mayor
Town of Leesburg