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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