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HomeMy Public PortalAbout2016_tcmin0712 COUNCIL MEETING July 12, 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 Hammler, Suzanne Fox, Marty Martinez and Mayor Butler. Council Members Absent: Council Member Dunn arrived at 8:23 p.m. Staff Present: Deputy Town Manager Keith Markel, Town Attorney Barbara Notar, Director of Plan Review Bill Adman, Director of Planning and Zoning Susan Berry Hill, Public Information Officer Betsy Fields, Director of Parks and Recreation Rich Williams, Director of Public Works and Capital Projects Renee Lafolllette, Community and Events Manager Linda Fountain, Community Outreach Supervisor Tony Conway, Traffic Engineer Calvin Grow, Senior Planner Michael Watkins, and Executive Associate Tara Belote. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Gemmill 3. SALUTE TO THE FLAG was led by Arianna Wright. 4. ROLL CALL showing Council Member Dunn arriving at 8:23 p.m. 5. MINUTES a. Regular Session Minutes of June 14, 2016. On a motion by Council Member Gemmill, seconded by Council Member Fox, the regular session minutes of June 14, 2016 were approved by a vote of 5-1-1 (Martinez abstaining/Dunn absent). b. Special Session Minutes of June 27, 2016. On a motion by Council Member Gemmill, seconded by Council Member Fox, the Special session minutes of June 27, 2016 were approved by a vote of 6-0-1 (Dunn absent). c. Work Session Minutes of June 27, 2016. On a motion of Council Member Hammier, seconded by Council Member Fox, the work session minutes of June 27, 2016 were approved by a vote of 6-0-1 (Dunn absent). d. Regular Session Minutes of June 28, 2016. On a motion of Council Member Fox, seconded by Council Member Hammier, the regular session minute of June 28, 2016 were approved by a vote of 6-0-1 (Dunn absent). 6. ADOPTING THE MEETING AGENDA On a motion by Council Member Hammier, seconded by Council Member Gemmill, the meeting agenda was adopted as presented by the following vote: Aye: Burk, Fox, Gemmill, Hammier, Martinez and Mayor Butler 1 I Page COUNCIL MEETING July 12, 2016 Nay: None Vote: 6-0-1 (Dunn absent) 7. PRESENTATIONS a. Certificate of Appreciation—ROCK Program—Keep Leesburg Beautiful On a motion by Vice Mayor Burk, seconded by Council Member Hammier, Certificates of Appreciation were presented to the following ROCK Program participants for their assistance in the Keep Leesburg Beautiful clean up: Desmond Jefferson Talan Long Natalie Rivera Kevin Borrera Alyssa Jordan Michelle Jefferson Hira Shakeel Amy Reyes Chelsy Reyes Steven Rodriguez Luis Rodriguez Malek Conner b. Certificate of Appreciation—Arianna Wright On a motion by Vice Mayor Burk, seconded by Council Member Hammier, a Certificate of Appreciation was presented to Arianna Wright for achieving the prestigious Girl Scout's Silver Award for her "Saving Loudoun's Littles—One Car Seat at a Time" program. c. Proclamation- Saving Loudoun's Littles On a motion by Vice Mayor Burk, seconded by Council Member Hammier, the following was proclaimed: PROCLAMATION Saving Loudoun's Littles - One Car Seat at a Time WHEREAS, every 33 seconds, one child under the age of 13 is involved in a car crash and many times deaths and injuries can be prevented by the proper use of car seats, booster seats, and seat belts; and WHEREAS, according to the Centers for Disease Control and Prevention, motor vehicle crashes are one of the leading causes of death among children ages three to 14 years old; and WHEREAS, parents and guardians have an obligation to make sure children are safe when they are passengers in motor vehicles; and WHEREAS, Virginia law requires everyone under the age of 18 to be properly secured in a safety belt or child safety seat no matter where they are 2 I Page COUNCIL MEETING July 12, 2016 sitting in the vehicle, and holds the driver responsible for making sure this happens; and WHEREAS, thanks to the committed efforts of Officer Travis Lotz of the Leesburg Police Department, our youngest residents in the Town of Leesburg have been better protected and safely secured for at least the last 10 years. THEREFORE PROCLAIMED by the Council of the Town of Leesburg in Virginia that the Town and County's youngest residents will be better protected by the combined efforts of the Leesburg Police Department and the expanded car seat program, Saving Loudoun's Littles— One Car Seat at a Time which has trained an additional 40 car seat safety technicians since April of 2016 and now holds monthly car seat inspections at locations across the County. PROCLAIMED this 12`h day of July, 2016. d. Proclamation—Wegmans — 100 Year Celebration On a motion by Vice Mayor Burk, seconded by Council Member Hammier, the following was proclaimed: PROCLAMATION 1 In Recognition of Wegman's 100th Anniversary WHEREAS, in 1916 brothers John and Walter Wegman started their partnership in the food industry with a push cart in New York; and WHEREAS, currently Wegman's operates 88 stores in six states with nearly 46,000 employees; and WHEREAS, as an employer, Wegman's has been on Fortune Magazine's "The 100 Best Companies to Work For" list for the past 18 years and is one of the Town of Leesburg's top five private employers; and WHEREAS, since it's opening in Leesburg, Wegman's has been a generous contributor to the local community. THEREFORE PROCLAIMED by the Council of the Town of Leesburg in Virginia that the Council congratulates Wegman's on the occasion of its 100th Anniversary PROCLAIMED this 12th day of July, 2016. 3IPage COUNCIL MEETING July 12, 2016 e. Presentation—Patriot Cup The Patriot Cup for the Best Float in the Independence Day Parade was presented to Brittany Luce for the Central Loudoun Youth Football League float (CLYFL)by Loudoun Now. f. Presentation—Diversity Commission Annual Report Enrique Gonzalez presented a report on the Diversity Commission's activities over its first year. He noted that they would like to take on bigger challenges in the coming year. g. Presentation—Journey Through Hallowed Ground William Sellers, President, gave a brief presentation on the Journey Through Hallowed Ground initiative. He stated that the Council's donation goes a long way to give children the opportunity to experience the civics summer camp. 8. PETITIONERS The Petitioners section was opened at 8:23 p.m. Oliver Peters: stated he represents the Town's Diversity Commission. He stated that issues regarding snow removal have come to the Diversity Commission's notice. He stated that sidewalk snow removal at the apartment complexes is a concern since many of those sites are low income/minority properties. He stated that it is the town's responsibility to issue compliance levels/fines to management companies that do not comply with the town's snow removal regulations. He asked Council to direct the town to enforce the code. Ron Campbellu, 812 Fort MacLeod Terrace: stated the Town Council was well represented at the prayer vigil for the recent events. He stated it represented what the community is willing to do about it. Further, he stated there is a Bridging the Gap Community Forum at the Word of Life Church in Ashburn on Friday at 1 p.m. He invited Council to attend. The Petitioners section was closed at 8:34 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Council Member Hammier, seconded by Council Member Fox, the following consent agenda was proposed: a. Making an Appointment to the Technology Commission RESOLUTION 2016-090 Making an Appointment to the Technology Commission(Beverly Ryan) b. Time Extension for PMW Farms Section 4 4 I Page COUNCIL MEETING July 12, 2016 RESOLUTION 2016-091 Authorizing Time Extensions for Completion of the Public Improvements for PMW Farms–Section 4(TLCD 2010-0004) c. Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Airport Commerce Park RESOLUTION 2016-092 Authorizing an Agreement and Approving a Performance Guarantee and Water and Sewer Extension Permits for Airport Commerce Park, Lot 2(TLPF 2016- 0003) The Consent Agenda was approved by the following vote: Aye: Burk, Dunn, Fox, Hammier, Martinez and Mayor Butler Nay: None Vote: 6-0-1 (Gemmill absent) 10. PUBLIC HEARINGS a. Crescent Parke Rezoning The public hearing was continued open from the previous meeting. Michael Watkins stated he would like the applicant to explain the changes to the proffers. Christine Gleckner, Land Use Planner, represented the applicant. She stated she would answer questions from the work session as well as explain changes to the proffers. Key Points: • Stated there is a tree save area supplemented by new landscaping along the 90 foot buffer. • Building elevation proffer has been revised as recommended. • Deleted the underground stormwater management proffer as recommended by staff. • Revised the capital facilities proffers as requested by Council to allow the contribution to be used for capital improvements in addition to schools. • Revised the Old Izaak Walton Park proffer as recommended by staff. • If applicant is the owner of the park property, there will be no lease payments after June 30, 2017. • Contribution to fund the traffic study to remove the Greenway extension from the Town Plan. • Contribution of completion of Davis Avenue (estimated to be $9 million). • Other contributions remain the same. • No cash proffers would be needed if the applicant were to use by-right zoning. 5 I Page COUNCIL MEETING July 12, 2016 Council Comments/Questions: • Dunn: Stated that by-right development would include Davis Avenue being built in section. He questioned where they would start building it. Gleckner: Stated that is not known because they do not have a plan for that scenario. • Dunn: Questioned the number of residential units that could be built by- right. Gleckner: Stated that the Crescent Design District does not lend itself to easy calculation; however, in the CD-C subdistrict, you can build residential above first floor commercial by right. She stated in the CD- MUO district, a rezoning process would be needed. • Dunn: Questioned the Izaak Walton proffer. Gleckner: Stated it would donate the 18.65 acres of the park to the town to be used as a park within two years of rezoning approval to effectuate the conveyance. The town will not have to make lease payments beyond what is currently appropriated through the end of the end of June 2017. • Dunn: Questioned whether if the town does not accept the park proffer, will the applicant still buy the park parcel. Gleckner: Stated she could not answer that, but the proffers will have to be revised. • Burk: Stated she would have to examine the updated proffers more closely. Watkins: Stated that staff's recommendation for the underground detention facility is located in the DCSM modification. • Martinez: Clarified that currently the applicant is proffering a 90 foot reservation for the Greenway extension, but the assumption is that the extension will not be built. Gleckner: Stated the 90 foot reservation was based on the initial staff recommendation and Town Plan guidelines. She stated they will fund the study to see if it is appropriate to remove the reservation from the Town Plan. • Martinez: Questioned what the applicant's plan is if VDOT is determined to build the Greenway extension. Gleckner: Stated that the reservation is good for 20 years. She stated the Town Plan classifies the Greenway extension as a minor arterial. She stated that not every road in the Town Plan that is labeled Minor Arterial has a right of way with specification but there are four roads listed and one has a right of way of 120 feet (Battlefield), two have a 90 foot right of way (North King Street) so 90 feet is a common right of way width required in the Town Plan for minor arterial roadway. She stated the applicant felt that is reasonable for what is known about this roadway at this time. Mitchel: Stated he feels VDOT will not build this because there is no money. He noted it is not in any of their plans. • Martinez: Stated a contingency plan needs to be in place in case VDOT does not agree. Mitchel: Stated this would be a very expensive roadway. 6 I Page COUNCIL MEETING July 12, 2016 • Gemmill: Questioned whether it would be VDOT or the owners of the Greenway, since it is privately owned. Mitchel: Stated it is not in anyone's budget— Greenway, VDOT, VTran. • Butler: Stated it is highly unlikely that it would be the Greenway since they do not get any income from that section. • Hammler: Questioned if there has been an official response from VDOT. • Martinez: Stated that other roads, such as the 15 bypass were opposed but it was built. Gleckner: Stated that if there are houses on either side of the 90 foot open space, VDOT will design the road to fit within that space if they feel the road is needed. Grow: Stated that there are a number of roads within the transportation plan that are not funded. He stated when VDOT looked at widening the bypass to six lanes, they recommended the Greenway extension stay on the plan but there is no funding for the bypass widening at this time. • Martinez: Stated he would like to see the roadway taken out of VDOT's plans, but if it is not, the town should plan accordingly and stated he feels that 90 feet is not enough. • Martinez: Questioned whether the applicant will make any improvements to the park during the two years that it will be under the applicant's ownership. Gleckner: Stated that they would not. • Hammler: Clarified that the town has been improving Olde Izaak Walton Park during the time it has been leased. She stated she would not support removing the park proffer. • Burk: Questioned what will happen to the 90 foot Greenway reservation if the road is removed from the plans. Gleckner: Stated they do not propose any use for that and it will be used as open space. • Butler: Stated that the town is not obligated to make any improvements to the park. But, if the town leases it for 23 more years, improvements will need to be made. • Fox: Stated the pond needs remediation; however, grants might be able to cover the cost for that. She noted that enrollment at Catoctin Elementary will decrease over the next four years. She asked for clarification on parking. She questioned whether street parking is being used towards parking counts. Gleckner: Stated the modification for parking is to reduce 89 spaces. She stated this will allow spaces, such as garages to count for parking cars. Further, she confirmed that street parking will be counted towards total parking requirements. She stated that the requirements include visitor spaces, which would be the on-street spaces. • Fox: Questioned whether this is a common practice. Watkins: Stated that there are three projects in recent history that this applies to— Potomac Station, Crescent Place and Crescent Parke. He 7 I Page COUNCIL MEETING July 12, 2016 noted that Potomac Station is concept plan approved but site plans have not been submitted. • Fox: Questioned the stormwater effect on Virginia Knolls. Ackman: Stated the flood mitigation project is designed to handle a larger storm but anytime there are woods, meadows, and grass there is less run off than from developed properties. He stated a 100 year retention facility would give more insurance that additional run off does not affect the Virginia Knolls subdivision. He stated the applicant has proposed to retain the smaller storms and provide a study that would update the 1990 study. He stated the study will answer a lot of questions. • Dunn: Questioned why the town wouldn't require the study to be done prior to approval. Ackman: Stated that the study is a large undertaking that will probably take several months to prepare and be reviewed. • Butler: Questioned how the run off from the proposed property will be mitigated since the elevation is higher. Wagner: Stated all the water gets caught in the storm sewer system and water will go into the detention facility. • Butler: Questioned how the total number of developable square feet by right compares with the proposal. He questioned if the by right scenario would include a four lane Davis Avenue. Watkins: Stated that the applicant could elect to build four lanes for Davis Avenue. Mitchel: Noted that if more commercial was proposed, the trip counts would be higher and may require more lanes. • Butler: Noted that the trip counts for residential are lower than the trip counts for commercial. Further, he stated that continuing the lease on the park without making any improvements is not an option since the building will become unusable and the pond will continue to get worse. He stated the town can choose to not actively use the park and not have to make any changes. Bettina Guerre, 729 Vanderbilt Terrace, stated she is a homeowner and resident. She stated she finds it distressing that the project only meets the minimum standards for overall environmental footprint and storm water management. She stated the developer has made some progress in addressing concerns that caused the planning commission to vote it down. She stated the question before the Council should be does the meeting of the bare minimum of the requirements for any proposed development justify approval and do proffers mitigate the impacts that may be of short term benefit to the city, but have a long term devastating impact to surrounding communities. She questioned whether this is the best plan for the property. She urged Council to vote no. Barbara Shea-Kutt, 331 Roanoke Drive, stated she agrees with Ms. Guerre. 8 I Page COUNCIL MEETING July 12, 2016 Tom Jewell, stated he wants to speak in favor of the project. He stated he is a business owner and property owner in downtown Leesburg. He discussed the process that occurred with the purchase of the property. He stated he thinks the project will be great for the town and does not think it will negatively impact Virginia Knolls. He stated bringing in higher priced properties will increase the value of the nearby properties. George Mikedes, 678 Gateway Drive, stated he attended the meeting with the developer and the Brookemeade residents. He stated a lot of things were said at the meeting that have not been brought up here. He stated the residents did not understand a lot of what was going on. He expressed concern over the additional traffic. He expressed concern over the overall quality of life for the area with this much density. Dennis Martire, Vice President of the Labors International Union of North America, 19015 Rocky Creek Drive, Leesburg. He stated no one mentions how many jobs will be created by this project. He stated he met with the developer who agreed to build this project with living wages for the workers, health care for the workers, and retirement benefits for the workers. He stated the developer agreed to put into his proffers to hire from the Leesburg area. Russell Yergin, stated the drawings have been changed four times. He stated his concerns over water run off. He stated with respect to the traffic study, it was affected by the detours prior to the opening of the Sycolin Road overpass. Further, he stated he sees inconsistencies in the traffic numbers. He noted the dangers at the Gateway/Sycolin Road intersection and pointed out that this development will create a lot more traffic on Harrison Street. Victoria Yergin, stated she is confused about the $75,000 proffer for the Greenway extension. She stated that the community needs reassurance that something is going to occur with respect to an attempt to get the Greenway extension off the plan. She stated that stormwater management is a constant concern for Virginia Knolls and they request that stream restoration "shall" be included, not "may" as currently written in the proffers. Gem Bingol, Piedmont Environmental Council, stated she works for PEC because they care deeply about the community and it's environmental well being. She stated she looks at development proposals and assesses how they stack up for making the community a vibrant place to live, work and play. She stated it would be interesting to know how the stormwater will be managed for quality and quantity on this densely developed site. She stated that this proposal essentially clear cuts the forested area and there is a definite correlation between stream health and impervious surfaces. She urged Council to not support the application. 9 I Page COUNCIL MEETING July 12, 2016 Jim Sisley, stated that the property has been on the market for a tremendous amount of time and this purchaser has proven to the Town of Leesburg to deliver high quality development. He stated that property owners have rights. Further, he stated that the fiscal impact of this project is not yet available so decision making cannot be based on that at this time. He agreed that there are many vehicles traveling down Harrison Street to the center of town regardless of this project. He stated the higher price point of the new residences will raise the values of the surrounding neighborhoods. He recommended that Council approve the application. Ralph Ferraiolo, 216 Edwards Ferry Road, stated he lives downtown and operates businesses downtown. He stated that Mr. Mitchel delivers what he promises. He stated the type of residents that are moving into Crescent Place and Crescent Parke are the type of residents who will frequent the downtown and give the businesses a boost. Scott Billigmeier, stated he helped found the park and he is not entirely opposed to this development, but he feels it is too big, too much and too close to the park. He stated he approves more or less of Crescent Place, but it does not belong next Izaak Walton Pond park and the price to get the park donated to the town is too high to allow this development. Celia Manuel, 676 Gateway Drive, stated there is a lot she is in favor of doing, but she is concerned about the traffic and on-street parking issues. Russell Yergin stated if the property were turned over for the park, the town would not have to pay rent and still have cash flow. He clarified that Gateway will not be widened with this application. The public hearing was closed at 10:40 p.m. On a motion by Council Member Hammler, seconded by Mayor Butler, the following was proposed: ORDINANCE Approving TLZM2013-0006, Crescent Parke, Rezoning the Property from Crescent District—Commercial, Crescent District—Mixed Use Option and Crescent District—Open Space to Crescent District— Commercial, Crescent District-Mixed Use Option and Crescent District-Residential High Density Council Comments: • Hammler: Council received the updated proffer statement late in the day. She expressed appreciation for everyone's input on the discussion. Council Member Hammier offered a motion to postpone until the next meeting, seconded by Mayor Butler. l0 I Page COUNCIL MEETING July 12, 2016 The motion to postpone was approved by the following vote: Aye.• Burk, Dunn, Fox, Gemmill, Hammier, Martinez, and Mayor Butler Nay: None. Vote: 7-0 11. RESOLUTIONS AND MOTIONS a. None. 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS Council Member Dunn disclosed a telephone conversation with Mr. Mitchel in reference to his rezoning application. Council Member Gemmill disclosed a meeting on the previous day with Mr. Mitchel and his representatives. Vice Mayor Burk stated she has not met with Mr. Mitchel. Council Member Martinez: disclosed a meeting and a phone call with Mr. Mitchel. Council Member Hammier: Disclosed a conversation with Mr. Mitchel prior to the work session. She stated she is celebrating her 25th wedding anniversary. Council Member Fox: Disclosed a brief conversation with Mr. Mitchel the day before. 16. MAYOR'S COMMENTS Mayor Butler disclosed a conversation with Mr. Mitchel and Ms. Gleckner on procedural issues. 17. MANAGER'S COMMENTS Keith Markel had no comments. 18. CLOSED SESSION Ona motion by Mayor Butler, seconded by Council Member Dunn, the following was proposed.• 11 l Page COUNCIL MEETING July 12, 2016 MOTION 2016-011 Pursuant to Section 2.2-3711(A)(3)of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for the purpose of discussion and receiving information regarding: a. Discussion of the potential sale of public property—Cedar Walk Subdivision, Parcel B, Section 1 The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez, and Mayor Butler Nay: None. Vote: 7-0 The Council convened in closed session at 10:47 p.m. The Council reconvened in open session at 11:02 p.m. On a motion by Council Member Gemmill, seconded by Council Member Dunn, the following was proposed: MOTION 2016-012 In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following roll call vote: Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez, and Mayor Butler Nay: None. Vote: 7-0 On a motion by Mayor Butler, seconded by Council Member Gemmill, the following was proposed: MOTION 2016-013 I move to authorize Town Staff to negotiate with potential buyers of the public property at Cedarwalk Subdivision, Parcel B, Section 1. The motion was approved by the following vote: Aye: Burk, Dunn, Fox, Gemmill, Martinez, and Mayor Butler Nay: Hammier Vote: 6-1 1 12 I Page COUNCIL MEETING July 12, 2016 19. ADJOURNMENT On a motion by Council Member Fox, seconded by Council Member Dunn, the meeting was adjourned at 11:02 p.m. 0.-(2 Aj David S. Butler, Mayor Town of Leesburg l*v Clerk of C o; it 2016_tcmin0712 13 I Page