HomeMy Public PortalAbout2016_tcmin0726 COUNCIL MEETING July 26, 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, Marty Martinez and Mayor Butler.
Council Members Absent: None. Council Member Gemmill participated remotely.
Staff Present: Town Manager Kaj Dentler, Town Attorney Barbara Notar, Deputy
Town Manager Keith Markel, Director of Parks and Recreation Rich Williams, Director
of Public Works and Capital Projects Renee Lafollette, Interim Chief of Police Vanessa
Grigsby, Director of Planning and Zoning Susan Berry Hill, Deputy Director of
Planning and Zoning Brian Boucher, Senior Planner Michael Watkins, Senior Project
Manager Eric Meske, Parks and Public Space Planner Bill Ference, Traffic Engineer
Calvin Grow, and Clerk of Council Lee Ann Green.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Dunn
3. SALUTE TO THE FLAG was led by Mayor Butler.
4. ROLL CALL
a. Electronic Participation for Council Member Gemmill
On a motion by Council Member Martinez, seconded by Council Member Dunn,
the following was proposed:
MOTION2016-014
I move to allow Council Member Gemmill to participate in the July 26, 2016
Council Meeting electronically due to travel
The motion was approved by the following vote:
Aye: Burk, Dunn, Fox, Hammler, Martinez, and Mayor Butler
Nay: None.
Vote: 6-0-1 (Gemmill absent)
b. Roll Call showing all members present.
5. MINUTES
a. Work Session Minutes of July 11, 2016.
On a motion by Council Member Hammler, seconded by Council Member Dunn,
the work session minutes of July 11, 2016 were approved by a vote of 7-0.
6. ADOPTING THE MEETING AGENDA
1 I Page
COUNCIL MEETING July 26, 2016
On a motion by Council Member Hammier, seconded by Council Member Fox, the
meeting agenda was adopted after moving Items 12 and 14 to be Items 10 a and 10 b, respectively,
by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammier, Martinez and Mayor Butler
Nay: None
Vote: 7-0
7. PRESENTATIONS
a. Proclamation—Billy Hurley, Jr.
On a motion by Vice Mayor Burk, seconded by Council Member Hammier, the
following was proclaimed:
PRO CLAMA TION
In Recognition of William (Billy) Hurley, III
WHEREAS, William "Billy" Hurley, III, a Loudoun County native, a
graduate of Loudoun County High School, and a graduate of the United States
Naval Academy ; and
111 WHEREAS, Billy Hurley, III, began his professional golf career in 2011
after serving honorably in the United States Navy; and
WHEREAS, he is active in several charities and religious organizations
including: Birdies for the Brave, a military outreach initiative sponsored by the
PGA Tour; World Gospel Outreach, a children's camp in Honduras; Ark
Children's House, an orphanage in Ecuador; and Adoption Advocates
International, and
WHEREAS, he won the 2016 Quicken Loans Tournament at
Congressional Country Club, his first PGA Tour win; and
THEREFORE, the Mayor and Town Council of the Town of Leesburg in
Virginia hereby commend William "Billy" Hurley, III, on his accomplishments as
a professional golfer and his representation of Leesburg and Loudoun County on
the world sports stage.
PROCLAIMED this 26`h day of July, 2016.
b. Tree Commission Presentation—Emerald Ash Borer
Earl Hower, Chair of the Tree Commission, gave a briefing on the highly
destructive Emerald Ash Borer. He stated that 60 percent of all Ash trees in
Pennsylvania are affected and the pest is spreading quickly. He noted several
2 I Page
COUNCIL MEETING July 26, 2016
diseased ash trees in Leesburg and discussed strategies for minimizing the spread of
the insect.
8. PETITIONERS
The Petitioners section was opened at 8:02 p.m.
Walter Lewis, stated the NOAA Weather Radio is a lifesaving device. He stated
he is a trained NOAA weather spotter volunteer. He stated the current noise ordinance
does not address weather radios. He stated that Leesburg's plainly audible standard
would include the sound from a weather radio but it should be excluded since it is a
lifesaving device. He asked that the Council change the Code to reflect this fact.
Pam Lewis, 507 Sunset View Terrace, SE, stated she returned from a New York
City visit. She stated she is a disabled veteran. She asked that Council consider that
women have the right to equal pay as men. She stated that climate change, clean air and
clean water are all concerns. Further, she stated that women have the right to choose
their own health care and children should not go hungry. She stated that rather than
build a wall of discrimination, the money should be spent to fix the infrastructure such
as bridges, roads, trains, or anything else that needs to be repaired.
Russell Yergin, stated he is the president for the Virginia Knolls Community
Association. He stated he would vote yes for Crescent Parke with conditions. He stated
they ask for some things to be done such as the calming of traffic with a signal and stop
signs. He stated they request the Council make sure that the proffer money is used for
those reasons. He stated that there is a petition circulating; however, this group has not
been involved since the beginning.
Victoria Yergin, stated that Crescent Parke is not a simple yes or no vote. She
stated that the objective is to hold the Town Council, Town staff and the developer
accountable. She stated that the Greenway extension is not on the County's
transportation plan, yet the Council has taken no steps to remove it from the Town Plan.
She stated that a yes vote means responsible and accountable behavior on the account of
all parties concerned. She noted that this developer's community outreach has been
impeccable.
Carolina Lucci, stated that Harrison Street has become beautiful with the
improvements the developer has put in. She stated that Mr. Mitchel has always
delivered what he says he will.
Mary Pellicano, 312 Oakcrest Manor Drive, requested that Council deny the
Crescent Parke application. She stated the project is too dense for the location. She
stated the buffer is insufficient to protect the sensitive wetlands on the property.
Ken Reid, former Leesburg District Supervisor, stated he is very sad about Ann
Robinson passing away. He stated she was good working on bipartisan issues. He
thanked everyone for supporting the funding for the bypass/Edwards Ferry Road
3 I Page
COUNCIL MEETING July 26, 2016
intersection. He stated that there needs to be support for an additional river crossing
into Maryland to relieve traffic. He stated there is a push for downsized housing for
people who are ready to downsize. He stated the Town should keep the right of way
from Gateway to Catoctin Circle, if not for the Greenway, but for a connection.
Ralph Ferriaolo stated his support for Crescent Parke. He stated Crescent Place
looks incredible. He stated the new residents of Crescent Place are moving into town for
the quality of life. He stated they are eager to spend money in town and everyone can
share in that.
Scott Billigmeier, 316 Oakcrest Manor Drive, presented a petition with 325
signatures supporting denial of Crescent Parke. He stated this is not about proffers —it is
about a project that is too dense and too high and too close to the park. He stated that
proffers cannot fix the situation. He urged the Council to vote no.
The Petitioners section was closed at 8:45 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Fox, seconded by Council Member Dunn, the following
consent agenda was proposed:
a. Agreement with Arcadia Communities, L.L.C.
RESOLUTION 2016-094
Authorizing the Mayor to Execute an Agreement Between Arcadia Communities,
L.L.C. and the Town of Leesburg, Virginia for an Agreement to Dedicate Right-of-
Way and Easement for Evergreen Mill Road
b. Performance Guarantee for Public Improvements at Crescent Place
RESOLUTION 2016-095
Making a Reduction of the Performance Guarantee for Public Improvements at
Crescent Place—Phase 1, 2&3(TLPF 2014-0025)
c. Appropriation of Donation to Community Outreach Program
RESOLUTION 2016-096
Approving a Supplemental Appropriation of$1,150.40 Resulting from a Donation
to the Community Outreach Program from the Leesburg Presbyterian Church
d. Request for Approval of Water and Sanitary Sewer Service Extension for Goose
Creek Club Project
RESOLUTION 2016-097
Approving Water and Sanitary Sewer Extension for Goose Creek Club Project
4 I Page
COUNCIL MEETING July 26, 2016
e. Request for Approval to Extend the Memorandum of Agreement with Saab Sensis
and Virginia SATS Lab, Inc., regarding the Remote Control Tower Test Program
RESOLUTION 2016-098
Authorizing the Town Manager to Execute an Amendment Extending the
Memorandum of Agreement with Saab Sensis and Virginia SATS Lab, Inc.
f. Approval of Public Art Exhibit by Nahid Beijan Neff
RESOLUTION 2016-093
Approval of a Public Art Exhibit at Town Hall by Beijan Neff
The Consent Agenda was approved by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez and Mayor Butler
Nay: None
Vote: 7-0
10. PUBLIC HEARINGS
a. Amending Section 32-119 of the Town Code Pertaining to Certain
Through Truck Traffic Prohibited on Hope Parkway
The public hearing was opened at 10:01 p.m.
Calvin Grow presented the proposed amendment to the Town Code.
Key Points:
• Based on traffic study and public comment, staff recommends adoption of
an amendment to prohibit truck traffic on Hope Parkway from Sycolin
Road to Miller Drive.
• Hope Parkway passes through a residential area.
• There are alternative routes to accommodate truck traffic.
Nick Konolov, 357 Ebaugh Drive, SE, stated the Stratford community is
home to many children who are able to play in the street without the risk of being
run over by speeding vehicles. He stated Leesburg's explosive growth needs to be
evaluated for its effect on residential communities. He stated the temptation to
speed on Hope Parkway exists and could become a short cut for truck traffic.
Council Comments/Questions:
• Martinez: Questioned the signage and whether Hope Parkway was
designed to handle tractor trailers.
Grow: Stated that no through truck signage would be erected so that
trucks would be prohibited. Further, he stated that the road is constructed
to handle the weight.
• Dunn: Clarified that a truck can use Hope Parkway as long as they have
business somewhere along that route.
5 1 Page
COUNCIL MEETING July 26, 2016
• Butler: Questioned whether truck traffic can just be prohibited in the
residential section of Hope Parkway.
Grow: Stated that will make it more difficult for enforcement.
The public hearing was closed at 10:19 p.m.
On a motion by Council Member Martinez, seconded by Mayor Butler, the
following was proposed:
ORDINANCE 2016-0-017
Amending Section 32-119 of the Town Code Pertaining to Certain Through Truck
Traffic Prohibited
The motion was approved by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez, and Mayor Butler
Nay: None.
Vote: 7-0
b. Amending Section 32-119 of the Town Code Pertaining to Certain
Through_Truck Traffic Prohibited on Battlefield Parkway
The public hearing was opened at 10:20 p.m.
Calvin Grow presented the proposed amendment to the Town Code.
Key Points:
• Town Plan specifies Battlefield Parkway as an arterial roadway.
• Arterial roads were built to handle through truck traffic.
• The study was divided into sections:
o Section 1 —from Rt. 15 Business to the Rt. 15 bypass. Comments
from the public ask for through truck restrictions. There is
commercial along this route. Through truck restriction can be
enforced on this roadway; however, is not recommended by staff.
o Section 2 — from Rt. 15 bypass to Edwards Ferry Road. Runs
through residential property with no commercial property.
Through truck restriction can be enforced on this roadway and is
recommended by staff.
o Section 3 — from Edwards Ferry Road to Rt. 7. Carries nearly
20,000 vehicles per day. This area is mostly commercial.
o Section 4— from Rt. 7 to Sycolin Road. Because of commercial
uses at Lowe's, a through truck restriction is not recommended for
this portion.
o Section 5 — Sycolin Road to Evergreen Mill Road. This section
was built to handle the traffic and will be extended to South King
Street.
6 I Page
COUNCIL MEETING July 26, 2016
Kirk Cummins, 801 Woodfield Terrace, stated he lives on Battlefield
Parkway between Edwards Ferry Road and Rt. 15. He stated he is concerned
about 18-wheelers coming down that section of Battlefield Parkway. He cited
noise and vibration from these large trucks as issues.
David Stratford, 907 Octorara, stated he lives off Section 2 and stated that
Section 2 contains steep hills where the trucks accelerate going up and use engine
brakes going down. Further, he noted that there are a large number of children
crossing the road to go to the school and the community pool. He further
suggested targeted speed enforcement in the area if truck traffic cannot be
restricted.
Diana Stratford, 907 Octorara Place, stated the neighborhood is cut by
Battlefield Parkway and they are woken during the night by engine braking. She
stated children cross Battlefield to get to the school and the pool.
Sue Van Glen, 1635 Chickasaw Place, NE., stated that over the past two
years since the portion was finished between Fort Evans to Edwards Ferry, traffic
has increased three-fold. She stated 18-wheelers from Toys-R-Us clearly have no
business in Leesburg. She stated safety for the children is paramount.
Gem Bingol, 1508 Shields Terrace, stated she supports the staff
recommendation to restrict truck traffic on Sections 1 and 2.
The public hearing was closed at 10:42 p.m.
On a motion by Council Member Dunn, seconded by Council Member Hammler,
the following was proposed:
ORDINANCE 2016-0-017
Amending Section 32-119 of the Town Code Pertaining to Certain Through Truck
Traffic Prohibited
Council Comments/Questions:
• Fox: Asked for clarification on the definition of"truck".
Grow: Stated the draft ordinance is written to include everything over
7500 gross weight which would include most panel trucks and some larger
pick ups.
• Fox: Questioned whether the police department agrees with the
enforceability of Sections 1 and 2.
Grigsby: Confirmed that the police department is in agreement with
staff's recommendation.
• Hammler: Stated she would support eliminating through trucks on
Sections 1 and 2. She questioned whether there are ways to more
proactively communicate to drivers than signage.
Grow: Stated the signs will have flags to make them more noticeable.
7 I Page
COUNCIL MEETING July 26, 2016
• Hammier: Questioned whether the town could limit traffic to only local
traffic and deliveries.
Grigsby: Stated that would be nearly impossible to enforce.
• Martinez: Requested crosswalks for the pool as they give more of a
perception of safety.
• Burk: Questioned what Captain Grigsby recommends.
Grigsby: Stated she agrees with Mr. Grow's recommendations. She
stated they can enforce Sections 1 and 2, but the rest of Battlefield would
be too difficult to enforce with current staff levels.
• Dunn: Stated that there are three schools, several churches and
community pools, and a large childcare center along Battlefield. He noted
the section from Kincaid to Sycolin Road should be no through traffic.
• Butler: Questioned ease of enforcement with different sections being no-
through truck.
Grow: Stated that there is no way to enforce it.
Grigsby: Stated they can enforce Sections 1 and 2.
Council Member Dunn offered a friendly amendment for Sections 1 and 2, only.
The amendment was accepted as friendly.
• Hammier: Stated that it is important to keep Section 4 open as it is a
major way for trucks to get to Sycolin Road.
The motion was approved by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammler, Martinez, and Mayor Butler
Nay: None.
Vote: 7-0
11. RESOLUTIONS AND MOTIONS
a. None.
12. ORDINANCES
a. Rezoning Application TLZM 2013-0006, Crescent Parke
On a motion by Council Member Hammier, 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
Michael Watkins discussed the changes in proffers since the last
presentation.
• Substantial conformance with the concept plan
8 I Page
COUNCIL MEETING July 26, 2016
• Define uses and density
• Phasing— 7500 square feet of non-residential uses prior to the issuance of
the 214th residential occupancy permit
• Construction of Davis Avenue and Gateway Drive prior to any occupancy
permits (residential or non-residential)
• 21 Year reservation for the Dulles Greenway extension
• Public notification signage requirement
• Open space and tree save area within the reservation area
• Cash contribution of$75,000 for traffic study in association with the
potential removal of the Dulles Greenway extension
• Two driver feedback signs on the opposite sides of Plaza Street from
Gateway Drive
• Improvements to South King Street and Davis Avenue intersections
• Offsite transportation contribution of$768,000
• Timing of construction for onsite open spaces
• Energy efficiency rating of either Star Version 3 or HERS rating of 90
• Stormwater management best management practice compliance with the
DCSM/Commonwealth of Virginia regulations
• Requirement for 100 year detention or the 100 year analysis for the
Tuscarora drainage shed
• Building elevations
• Cash contribution for Fire and Rescue in the amount of$100 per dwelling
unit and 10 cent per square foot for non-residential use
• Property owners association document for the Town Attorney's review
• Noise attenuation for the units closest to Rt. 7/15 bypass which includes a
sound transmission code rated window
• Capital facilities contribution that allows for flexibility for schools and/or
town capital facilities in the amount of$3.8 million
• Restricted access for construction vehicles to Davis Avenue north of
Tuscarora Creek
If the Izaak Walton Park property is included:
• Plat of dedication required for the 18.65 acres required within two years
• Boundary line adjustment for the 2.3 acres that will be rezoned to the CD-
RH
• Park use will be preserved as part of the dedication process
• Reimbursement for any lease or tax payments beyond fiscal year 2018
If the Izaak Walton Park property is excluded:
• Council resolution is required
• Town will need to renegotiate the lease with the current property owner to
subtract the 2.3 acres that is being rezoned
• $1000 per dwelling unit capital contribution for capital improvements for
park facilities
9 I Page
COUNCIL MEETING July 26, 2016
• Approximate $1 million additional off site transportation contribution
Council Questions:
• Fox: Questioned whether the applicant will reimburse lease and real
estate payments for FY 2017, if Council choses to amend the budget.
Mitchel: Stated that can be done.
• Burk: Questioned if the lease is assigned to Lansdowne Development or
another entity, who pays for the insurance.
Watkins: Stated that the lease would continue as originally signed with
the town responsible for liability insurance.
• Burk: Questioned whether there will be any buildable area left on the park
property. She noted that this will make the property less valuable and
questioned whether a new assessment would be needed.
Watkins: Stated that there is a small building envelope remaining. He
stated he cannot speak to diminished value, but he believes the area has
been assessed as open space and not developable land.
Notar: Stated the assessed value of the park will be reduced because there
is less square footage of property to be assessed.
Council Comments:
• Hammler: Stated she supports Crescent Parke after very careful
consideration. She thanked the Planning Commission for their many
months of hard work. Further, she stated this development with its
proffers is a better choice for the town than a by-right development that
will not mitigate its impacts. She noted that the project will provide tax
revenue as well as feet on the street to support the goal of bringing
customers downtown. She also stated the park donation will alleviate the
town's lease payments and provide needed park land for the southeast
sector of town.
• Dunn: Thanked the applicant and the Planning Commission for all their
work as well as the surrounding neighbors. He thanked staff for diligently
working on this project. He thanked Council for putting so much effort
into it. He stated that one of his biggest concerns with the application is
that so many citizens came out and talked about issues concerning this
application such as traffic, stormwater management, tree preservation,
lack of commercial development, but not many citizens talked about the
park.
• Gemmill: Stated that the current zoning is reasonable and serves the goals
of the Town Plan whereas the rezoning does not.
• Burk: Stated that the assumption that the property would be developed by
right may not be accurate. She stated she cannot support this application
despite the improvements. She stated the Council had a vision for the
Crescent District as being pedestrian friendly and job oriented.
• Martinez: Stated that government makes decisions based what is good for
the residents. He expressed concern over the phasing, height of buildings,
and the Greenway extension. He stated the Greenway extension was
10 I Page
COUNCIL MEETING July 26, 2016
never an issue until this application, but now Council is taking steps to fix
it. He expressed concern over an applicant coming to Council to
negotiate proffers.
• Fox: Stated that two issues need to be considered when considering a
rezoning—what is the benefit to the Town and what are the detrimental
issues that will be incurred to the locality and its citizens and if the
application does pose issues, does it address them in an efficient manner.
She expressed concerns over stormwater management including the
underground storage tanks and the potential impacts on the Town's
Tuscarora Creek Flood Mitigation project. She stated she trusts the
town's engineers and staff that the stormwater management issues will be
tightly reviewed. She addressed schools, parking and traffic concerns.
She stated she likes the Davis Avenue extension proffer and the possible
revitalization of the businesses downtown. She stated that while this is
not a perfect application, it presents considerable upside to the town above
and beyond what the applicant would be able to develop by right. She
stated she is a property rights proponent.
• Butler: Noted that VDOT does not need to approve removal of the
Greenway extension from the Town Plan. He stated that they can be
consulted, but if the Council wants to remove it, it can be removed
without their approval. He noted that the park can be significantly
decoupled from the application. He stated the town does not
automatically get the park with the approval of this application. He stated
the two main reasons to oppose this application is the impact to the
surrounding communities and general opposition to growth. He stated
that a rejection of this application may cause a by right application for this
property that includes no transportation improvements, no stormwater
management, and no vote by Council and by right does not conform to
the Town Plan.
• Hammier: Stated she rarely votes for a rezoning that includes residential
unless the proffers make a difference. She stated the proffered park
provides a positive quality of life asset to the town.
The motion failed by the following roll call vote:
Aye: Fox, Hammier, and Mayor Butler
Nay: Burk, Dunn, Gemmill, and Martinez
Vote: 3-4
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. Additions to Future Council Meetings
Council Member Fox requested an info memo on the Town's efforts to
enforce the snow shoveling ordinance.
1l l Page
COUNCIL MEETING July 26, 2016
There was consensus for an information memo.
Council Member Hammier stated she would ask the Crescent Parke
developer to support the $75,000 fee for the study to initiate removal of the
Dulles Greenway extension from the Town Plan. She stated she would like
Council to initiate removal of the Greenway from the Town Plan and if the study
is not needed, the funds could be reallocated to other transportation
improvements in and around Crescent Parke.
There was consensus to add this to the next meeting.
Council Member Dunn asked for a follow up on the County's response as
to why they need the fourth level on the Pennington Garage. He requested that
the Council send a letter to the Board of Supervisors asking them to remove the
fourth level.
There was consensus to add this to a work session.
Mayor Butler requested an initiation of a text amendment to allow
previously commercial properties to return to residential uses without having to
provide parking downtown. Further, he asked for information on whether there
is any drawback for the Council to require a light at Sycolin and Gateway even if
the warrants do not recommend it. It was also requested that traffic calming
measures be requested from the Standing Residential Traffic Committee. He
requested information on a crosswalk at Edwards Ferry Road and the bypass.
There was consensus for information memos on a possible traffic signal at Sycolin
and Gateway as well as a crosswalk at Edwards Ferry Road and the bypass.
15. COUNCIL COMMENTS
Council Member Fox disclosed a telephone call from Hobie Mitchel and stated
she bumped into him at the county building last night.
Council Member Hammier offered her condolences to the family of Ann
Robinson. She stated this is a deep loss for the community and noted that the service
will be August 7 at 1 p.m. at the Unitarian Church.
Council Member Martinez stated he tried to work with Mr. Mitchel. He stated
he talked to him twice. He thanked the Tree Commission and congratulated the new
chief and deputy chief.
Vice Mayor Burk offered her condolences to the families of Ann Robinson and
Joel Montano, Senator Kaine's aide.
Council Member Dunn offered his condolences to the family of Ann Robinson.
He noted her community activism.
12 I Page
COUNCIL MEETING July 26, 2016
16. MAYOR'S COMMENTS
Mayor Butler disclosed multiple conversations and one meeting with Mr. Mitchel
and Ms. Gleckner. He stated his sympathy goes out to the families of Ann Robinson
and Joel Montano. He stated through many meetings the extra $20 million for the
intersection of Battlefield Parkway and Route 7; however, they still need$25 million
more.
17. MANAGER'S COMMENTS
Mr. Dentler announced the hiring of the new police chief, Captain Gregory
Brown, of the Loudoun County Sheriffs Office, effective October 3. Further, he noted
that Captain Vanessa Grigsby has been promoted to the rank of Major and will serve as
Deputy Chief effective August 1.
18. CLOSED SESSION
None.
19. ADJOURNMENT
On a motion by Council Member Dunn, seconded by Council Member Fox, the meeting
was adjourned at 11:09 p.m.
A 4,'5a':/
David S. Butler, Mayor
Town of Leesburg
)) /
Cler o Co ncil
2016 tcminl
13 I Page