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HomeMy Public PortalAbout2016_tcmin0614 COUNCIL MEETING June 14, 2016 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Butler presiding. Council Members Present: Kelly Burk, Thomas Dunn, II, R. Bruce Gemmill, Katie Sheldon Hammier, Suzanne Fox, and Mayor Butler. Council Members Absent: Council Member Hammier arrived at 8:20 p.m. Council Member Martinez absent. Staff Present: Town Manager Kaj Dentler, Town Attorney Barbara Notar, Deputy Town Manager Keith Markel, Assistant Town Manager Scott Parker, Director of Planning and Zoning Susan Berry Hill, Director of Capital Projects and Public Works Renee Lafollette, Deputy Director of Planning and Zoning Brian Boucher, Senior Planner Irish Grandfield, and Paralegal Carmen Smith. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was led by Mayor Butler 3. SALUTE TO THE FLAG was led by Council Member Dunn. 4. ROLL CALL showing all members present. 5. MINUTES a. Work Session Minutes of May 23, 2016 On a motion by Council Member Dunn, seconded by Council Member Gemmill, the work session minutes of May 23, 2016 were approved by a vote of 5-0-2 (Martinez/Hammier absent). b. Regular Session Minutes of May 24, 2016 On a motion by Council Member Dunn, seconded by Council Member Fox, the regular session minutes of May 24, 2016 were approved by a vote of 5-0-2 (Martinez/Hammier absent). 6. ADOPTING THE MEETING AGENDA On a motion by Council Member Dunn, seconded by Council Member Gemmill, the meeting agenda was adopted as presented by the following vote: Aye: Burk, Dunn, Fox, Gemmill, and Mayor Butler Nay: None Vote: 5-0-2(Hammier/Martinez absent) 7. PRESENTATIONS a. Certificate of Recognition— 25th Anniversary of Twice is Nice (INOVA Ladies Board 1 I Page COUNCIL MEETING June 14, 2016 A Certificate of Recognition presented to the Ladies Board of the � was INOVA Loudoun Hospital in recognition of the 25th Anniversary of the Twice is Nice thrift shop. 8. PETITIONERS The Petitioners section was opened at 7:44 p.m. Gwen Armstrong, 304 Patterson Court, NW, stated that last Sunday was Pentecost Sunday and the celebration of Shavuot and offered a prayer for the Council. Unidentified Gentleman stated the Council should be held accountable to the fact that Harrison Street may turn into a major street according to the Town Plan. He stated the park behind the Food Lion is the largest green swath left in Leesburg. Tom Domann voiced his support for Crescent Parke. He stated it will be a continuation of positive economic development for the town. The Petitioners section was closed at 7:50 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Gemmill, seconded by Council Member Dunn, the following consent agenda was proposed: a. Performance Guarantee and Sewer Extension Permit for Leesburg South Ofsite Sanitary Sewer(TLPF 2014-0010) RESOLUTION 2016-072 Authorizing an Agreement and Approving a Performance Guarantee and a Sewer Extension Permit for Leesburg South Offsite Sanitary Sewer(TLPF 2014-0010) b. Supplemental Appropriation of Virginia Municipal League Insurance Payments RESOLUTION 2016-073 Amending the Fiscal Year 2016 General Fund Budget and Making a Supplemental Appropriation in the Amount of$4,758.74 from Insurance Payments from Virginia Municipal League for the Repair of Town Vehicles c. Supplemental Appropriation of Loudoun County Refuse Grant Money RESOLUTION 2016-074 Amending the Fiscal Year 2016 General Fund Budget and Making a Supplemental Appropriation in the Amount of$9,158 from the Virginia Department of Environmental Quality, Division of Land Protection and Revitalization Grant Money for Purchasing Supplies for the Refuse and Recycling Program d. License Agreement with AT&T Corporation 2IPage COUNCIL MEETING June 14, 2016 RESOLUTION 2016-075 Authorizing the Town Manager to Execute a Second Renewal of License Agreement Between the Town of Leesburg and AT&T Corporation e. Request for an Additional 120 Day Review Extension for TLCP 2016-0001 Milestone Communications RESOLUTION 2016-076 Approving an Additional 120-Day Time Extension for the Review of Commission Permit Application TLCP 2016-0001, Milestone Communications f Town Plan Amendment to Remove Miller Drive east of Sycolin Road RESOLUTION 2016-077 Initiating Amendments to the Leesburg Roadway Network Policy Map in the Town Plan to Delete Miller Drive East of Sycolin Road g. Request for Carry Over of Fiscal Year 2016 Funds in the Amount of5652,591.72 to Fiscal year 2017 Budget RESOLUTION 2016-078 Appropriating Department of Utilities Unexpended Funds for Cany Over from Fiscal Year 2016 to Fiscal Year 2017 Budget h. East Market Street Waterline Improvements Project RESOLUTION 2016-079 Awarding the Construction Contract for the East Market Street Waterline Improvements Project to Utilities Unlimited, LLC, in the Amount ofS110,830 Town Shop Storage Tank RESOLUTION 2016-080 Awarding the Construction Contract for the Underground Storage Tank Removal and Above Ground Tank Installation Project in the Amount of 5115,500 The Consent Agenda was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, and Mayor Butler Nay: None Vote: 5-0-2(Hammier/Martinez absent) 10. PUBLIC HEARINGS a. Crescent Parke Rezoning Application The public hearing was opened at 7:52 p.m. 3 I Page COUNCIL MEETING June 14, 2016 Victoria Yergin, stated she is the Secretary/Treasurer of the Virginia Knolls Community Association. She stated that the value of the townhomes affected by a possible extension of the Dulles Greenway is more than $3.5 million dollars. She stated a 90 foot reservation area is unsuitable as the elevated roadway would also be 90 feet wide and begin on shared property lines with a zero clearance between the fence line and the proposed roadway. She requested an actual traffic count of existing traffic levels and opposed the recommendation for a light at Gateway and Sycolin Road.I She noted that developer proffers change on July 1 and this worries the residents. She stated that the community is looking for leadership and community support for things that are important for the community as well as the growth and development of Leesburg. She stated they are not opposed to it, but not at their expense. Juan Gonzalez 743 Vanderbilt Telt-race, SE, expressed his concern over the changes to Gateway Drive in reference to the Crescent Parke project. He stated that Gateway is the main access for many communities and is heavily used. He stated he is unaware of any traffic counting that has occurred on Gateway Drive and noted sight distance problems at the',intersection of Gateway and Sycolin. He also expressed concern about drainage from the Gateway communities. John Hilton stated he is a member of the Environmental Advisory Commission, a resident of Oaklawn, and a candidate for Town Council. He stated he has heard concerns about the Crescent Parke development. He stated a project should be voted up or down on its merits, but the concerns of the community and the Planning Commission should be taken into consideration when deliberating. Ralph Fiorello, 216 Edwards Ferry Road, stated he promotes the Crescent Parke build out. He stated he is wildly excited about Crescent Place opening and the tangible results that this developer's vision has created. He stated he is investing on the private end and the business end. Ken Reid stated that the Mayor did a great job at the Northern Virginia Transportation Authority meeting stating the importance of the Battlefield and Route 7 interchange. He stated the public needs to know the importance of that interchange. He stated this developer has done a good job changing a brownfield into Crescent Place. He stated acquiring the land for the dog park and the recreation center is a good goal. He stated he is interested in seeing residential development, like Crescent Place, closer to downtown Leesburg but he is concerned about putting units in this pristine area. Mr. Yergin stated he is president of the Virginia Knolls Community Association. He stated three traffic studies have been done over the past few years. He stated since the construction of the flyover, the traffic volume has increased. He stated that the traffic study done by Mr. Mitchel is flawed. 4 I Page COUNCIL MEETING June 14, 2016 The public hearing was continued until the next meeting. b. TLOA 2016-0002 Commuter Parking Lots in the I-1 Zoning District The public hearing was opened at 8:29 p.m. Irish Grandfield gave a brief presentation on the proposal to amend the Zoning Ordinance to allow a commuter parking lot in the I-1 Zoning District and to establish standards for the use. Key Points: • Loudoun County and the Town of Leesburg share the common objective to provide mass transit options. • Town Plan identifies two corridors for commuter parking—Rt. 7 and Dulles Greenway. • Existing zoning regulations do not allow for development of the desired parking in these zones. • Removes commuter parking as a by right use in the B-3. • Provides eight performance standards for commuter parking lots. Council Comments/Questions: • Dunn: Questioned requirements for lighting. Grandfield: Stated the lighting requirements in the zoning ordinance must be met. Further, he stated the eight use standards are not covered in other areas in the zoning ordinance. • Burk: Questioned the Planning Commission's recommendation for landscaping. Grandfield: Stated that the Planning Commission recommended that Council initiate a zoning ordinance amendment to increase the landscaping requirement for commuter parking lots. He stated that staff recommends rather than initiating a new zoning ordinance amendment to address buffering of commuter parking lots, that it be included as a use standard. Ken Reid stated this is a very important project for transit in Loudoun County and Leesburg. He stated he is appreciative of what everyone has done to make this park and ride a reality. The public hearing was closed at 8:47 p.m. Council Member Fox stated that the Board of Architectural Review heard a petitioner that stated there is a possibility of the subdivision of this property which would mean other projects could be planned for this property. On a motion by Council Member Gemmill, seconded by Council Member Dunn, the following was proposed: 5 I Page COUNCIL MEETING June 14, 2016 ORDINANCE 2016-0-015 Amending Zoning Ordinance Articles 6 and 9 to allow a Commuter Parking Lot in the I-1 Zoning District and to Establish Standards for Use Council Comments: • Gemmill: Stated that Mr. Reid had compelling arguments and was recommended for approval by the Planning Commission and staff. • Dunn: Questioned whether it is just for this one property or for the entire I-1? Grandfield: Verified that is correct so that the town can meet the Town Plan intent of allowing commuter parking lots in the Route 7 corridor. • Dunn: Stated this is a good use for the I-1 generally and this property in particular. • Hammler: Expressed her support as travel around this region is difficult and facilities to ease congestion are needed. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, and Mayor Butler Nay: None Vote: 6-0-1 (Martinez absent) c. Town Plan Amendment TLTA 2015-0003, Brown's Car Stores Land Use and Transportation The public hearing was opened at 8:51 p.m. Scott Parker gave a brief presentation on the proposed Town Plan amendment. Key Points: • Amends the Town Plan Southeast Planning Policy Area Objective 9 to add language to expand the area allowing new auto dealerships south of Route 7. • Amends the Roadway Network Policy Map to Eliminate a segment of Keystone Drive (a through collector road) south of Russell Branch Parkway to Trailview Boulevard across Tuscarora Creek. • Two related applications —TLZM 2015-0001, rezoning the site from I-1 to B-3 and a TLSE 2015-0013, a special exception to allow development of two auto dealerships under B-3 zoning. • In 2015, the Town Council adopted a policy that requires Planning Commission action on a town plan amendment to occur before a rezoning application is advertised for Planning Commission public hearing. • Current land use designation for the property is regional office and no change is requested. Council Comments/Questions: 6 I Page COUNCIL MEETING June 14, 2016 • Fox: Stated she has no problem with the land use part of this application. She confirmed that staff supports the deletion of Keystone Drive; however, the county and planning commission recommend keeping the connection. Parker: Stated that the county acknowledges that the connection is not required by the current information. • Fox: Questioned what type of expenses are involved in removing the portion of Keystone Drive. Parker: Study has already been done by the applicant. • Hammier: Questioned how denying the transportation portion will affect the land use portion of the application and proffers. Parker: The applicant will have to show the 90 foot reservation on their property. Further, he noted if it is left on the plan, it would be open for discussion with regards to proffers. • Burk: Questioned whether the applicant have to build Keystone, if left in. Parker: Stated there is a portion along their frontage that they would have to do; however, the portion across Tuscarora Creek would be discussed during proffer negotiations. • Burk: Asked for clarification of the flood plain and tree canopy protection references. Parker: Stated that if the road if built, it will go through the stream valley. However, if the right of way is preserved, there are ways to protect the creek valley buffer. • Burk: Stated that the town needs to be careful about taking roads off the map and be thinking about the future. • Gemmill: Questioned why the Planning Commission did not recommend removal of the portion of Keystone. Parker: Stated that their point of view was the same as Vice Mayor Burk's. • Dunn: Verified that this development will adhere to the H-2 Corridor Guidelines for architecture and design. Further, he questioned whether the cars would be closer to Rt. 7. Parker: Stated that the plan that is currently being reviewed, both dealerships would front on Russell Branch Parkway. He noted that the applicant has gone to the BAR and gotten general feedback regarding their submittal. Christine Gleckner, Walsh Colucci, representative for the applicant, gave a short presentation regarding the application. Key Points: • Applicant concurs with the staffs recommendation. • Given the shape of the property and the surrounding land uses, auto dealerships are appropriate in this location. • Appropriate buffer between residential uses. 7 I Page COUNCIL MEETING June 14, 2016 • Crosstrail and Battlefield provide adequate north/south connections. • Costly road connection that would not provide a significant benefit. • Land will remain open so nothing would prevent the road from being built in the future. Council Comments/Questions: • Burk: Not asking the applicant to build the road. • Gemmill: Questioned whether there would be an outdoor intercom system. Gleckner: Stated that can be addressed with the rezoning and special exception applications. Craig Lane, 613 Cobbler Terrace, stated he has no concern with the auto dealership, but his concerns have to deal with transportation. He stated his preference would be to keep this piece of Keystone and connect it to the future Trailview Boulevard. He stated it would be a prudent step to take. Ken Reid, stated that the reason there is such terrible traffic in the Northern Virginia area is some 1500 lane miles have been removed from master plans in Virginia, Maryland and DC mostly because of citizen opposition and environmental concerns. He stated that he wanted the back door connection of Keystone and negotiated its inclusion. • The public hearing was closed at 9:44 p.m. On a motion by Council Member Gemmill, seconded by Council Member Hammier, the following was proposed: RESOLUTION2016-081 Adopting Town Plan Amendments through TLTA 2015-0003, Amending Town Plan Policy Language for the Southeast Planning Area Regarding Auto Dealerships and Revising the Town Plan Roadway Network Policy Map to Remove the Portion of Keystone Drive Between Russell Branch Parkway and Tuscarora Creek Council Comments/Questions: • Gemmill: Questioned whether the notation about Tuscarora Crossing's proposed residential uses generating less traffic than industrial/commercial is a different issue. Parker: Agreed that they are two separate issues. He stated the analysis of residential units was taken into consideration. • Hammler: Stated that she did not support Tuscarora Crossing or Lowes. She supports regional office wherever it can be maintained. She noted the location of the property makes it more difficult to get high wage office uses. 8 I Page COUNCIL MEETING June 14, 2016 • Fox: Questioned whether two uses could develop on the parcel since it is bifurcated. Parker: Confirmed the potential does exist. • Dunn: Stated he is not in favor of removing the portion of Keystone Drive. • Hammier: Stated she could support the land use because it is the lesser of two evils to have the car dealership here rather than in the Crescent District. Council Member Gemmill offered afriendly amendment to separate the land use paragraph from the transportation paragraph. The amendment was not accepted as friendly. Vice Mayor Burk requested the question be divided. Council Member Gemmill made a motion to approve paragraph I, seconded by Vice Mayor Burk. The motion to approve paragraph I was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, and Mayor Butler Nay: None. Vote. 6-0-1 On a motion by Council Member Hammler, seconded by Council Member Gemmill, removing the portion of Keystone Drive between Russell Branch Parkway and Tuscarora Creek was proposed. Council Comments/Questions: • Dunn: Questioned what the county wants. Parker: Stated that the county has not specified a specific road right of way, but they wanted a 90 foot reservation. Boucher: Stated that there is a study that says the road is not necessary for the efficient moving of traffic in the area for the next 20 years. He noted that if the road is built on the town's side, money will have to come from somewhere on the county side to complete the road and bridge crossing. Further, he noted that the proffers for Tuscarora Crossing state if the town removes the road from our plan, then the reservation for it goes away on the Tuscarora Crossing property which indicates that they agree it is not necessary. He noted that this is a unique situation —keeping the road on the Town Plan is asking the developer to keep proffer right of way for a road that studies show is not necessary and the money for this road improvement will most likely have to come from other public funds in the future. • Fox: Questioned the county's request to keep the road. 9 I Page COUNCIL MEETING June 14, 2016 Boucher: Stated that they asked the Tuscarora Crossing applicant to build the road up to the property line, but did not request anything else such as the bridge crossing. • Burk: Questioned why they wanted the road to stay in the Town Plan. Boucher: Stated the transportation department said the road is not necessary, but the county planning staff would like the connection for connectivity. • Burk: Questioned whether the town ever takes into consideration the cost of a request to the developer. Boucher: Stated that the town does not, but will try to get as much as possible. • Dunn: Stated that the county Planning Commission felt that the four lanes could be built if the 90 foot reservation remained. Boucher: Stated that over time, due to some of the land use decisions that were made in the area, the area will develop as much less dense than originally anticipated. • Butler: Questioned whether Trailview will just stop within Tuscarora Crossing. Parker: Stated it goes into the development and turns into a circle that comes back out with two exit points on Crosstrail Boulevard. • Hammler: Stated all the studies point to the fact that the road in question is not required. She stated from the town taxpayer perspective, the rezoning application with a $2 million plus positive impact will be a benefit to the residential taxpayers. • Dunn: Stated he is not convinced that there will be no need for this road. • Burk: Stated she is not comfortable taking the road off the map. • Butler: Questioned if the road is taken off the network, if there is anything in the applicant's plan that would prevent a two lane road from being built in the future. Gleckner: Stated nothing significant as the right of way reservation primarily crosses flood plain on the applicant's property. She stated they are proposing at staffs request, a parking area to allow for parking along the trail that they are constructing along the creek. • Hammler: Stated that policy is most sound when it is based on facts. The motion to delete the portion of Keystone Drive between Russell Branch Parkway and Tuscarora Creek was approved by the following vote: Aye: Fox, Gemmill, Hammier, and Mayor Butler Nay: Burk and Dunn Vote: 4-2-1 (Martinez absent) 11. RESOLUTIONS AND MOTIONS a. Creation of a Town of Leesburg Other Post Employment Benefits (OPEB) Trust On a motion by Council Member Hammler, seconded by Council Member Gemmill, the following was proposed: 10 I Page COUNCIL MEETING June 14, 2016 RESOLUTION 2016-082 Authorizing and Establishing a Town of Leesburg Other Post Employment Benefits Trust and Authorizing Investment Management, Custody and Trust Agreements, and Creation ofa Finance Board to Oversee the OPEB Trust Council Comments/Questions: • Hammler: Stated based on the information she has received, she is able to support this resolution. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammler, and Mayor Butler Nay: None Vote: 6-0-1 (Martinez absent) b. Personnel Procedures Manual — Employee Dismissal Process Council Member Dunn moved the motion;however, it died for lack of a second. RESOLUTION Initiate Directing the Town Manager to Revise Section 13.3 of the Personnel Procedures Manual as it Fails to Comply with the Personnel Policy Manual Council Comments/Questions: • Dunn: Questioned if there was some reason it was either or. Notar: Stated it could be both. • Dunn: Stated repeal of the ordinance would allow Council to look at the oversight procedures to see if Council has any recommendations for the town manager. 12. ORDINANCES a. Town Code Amendment to Add Mixed Beverage Restaurant License and Tax for Restaurants with 1 to 50 Seats Barbara Notar stated there was a request by Council to notify the three restaurants that would be affected by this amendment that would change the language in the Town Code to match the language in the state code. No motion was made. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS 11 l Page COUNCIL MEETING June 14, 2016 Council Member Fox disclosed attendance at the K2M ribbon cutting as well as the Creative College Connections ribbon cutting. She wished all the graduates good luck and commended them on their accomplishment. Council Member Hammier disclosed a conversation with Christine Gleckner on June 8 and Hobie Mitchel today. She asked for support of the $75,000 study if Council desires to remove the Greenway extension and he was favorable and will be reviewing that. She congratulated all the high school graduates and wished them great celebrations with their families. Vice Mayor Burk congratulated all the graduates. She stated she attended the Latino graduation at Simpson Middle School. She congratulated the car show which was very entertaining. She stated the K2M ribbon cutting was fantastic. She stated Michelle Lindsay's photo business is certainly interesting. She thanked all the members of the town and Council that attended the Northern Virginia Transportation Authority meeting regarding funding for Route 7 and Battlefield Parkway overpass. She stated the town was very well represented. She thanked Supervisor Umstattd for organizing the effort. Council Member Gemmill: disclosed a telephone conversation with Hobie Mitchel. Council Member Dunn: stated the country is becoming many groups of people who do not aspire to be one nation. He stated it is okay to disagree and uphold your heritage, but the rancor that is going on is reaching heights that he cannot recall. He showed a video by Red Skelton saying the Pledge of Allegiance. 16. MAYOR'S COMMENTS Mayor Butler disclosed a meeting with Mike McLister on some potential text amendments. He disclosed a meeting with Chris Gleckner on various items. He stated there have been a lot of ribbon cuttings: Creative College Connections, Life Mark Securities, Body Brite Day Spa, Michelle Lindsay Photography, and K2M. He stated the Latino Association at Simpson's graduation ceremony was fantastic. He congratulated all graduates. He stated the car show was fantastic and there was a wedding party that meandered through the car show. 17. MANAGER'S COMMENTS Mr. Dentler stated that staff has been very successful in getting funding for major capital projects. He stated they received $5 million in total in revenue sharing funds, $2 million to complete the last phase of Sycolin Road widening, Evergreen Mill Road, Battlefield Parkway, and primary paving funds. He reminded Council of the Employee Service Awards at Ida Lee next week. He noted the two retirement celebrations, Mark Davis, and Mary Frye. 18. CLOSED SESSION a. None. 12 I Page COUNCIL MEETING June 14, 2016 19. ADJOURNMENT On a motion by Council Member Fox, seconded by Council Member Hammler, the meeting was adjourned at 10:45 p.m. David S. Butler, Mayor Town of Leesburg •L �1 Clerk of Co 2016_tcmin0614 13 I Page