HomeMy Public PortalAbout2016_tcmin0809 COUNCIL MEETING August 9, 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: None. Council Member Martinez arrived at 7:47 p.m.
Staff Present: Town Manager Kaj Dentler, Town Attorney Barbara Notar, Deputy
Town Manager Keith Markel, Director of Economic Development Marantha Edwards,
Interim Police Chief Vanessa Grigsby, Deputy Director of Planning and Zoning Brian
Boucher, Business Development Manager Kindra Jackson and Clerk of Council Lee
Ann Green.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Hammier
3. SALUTE TO THE FLAG was led by Council Member Gemmill.
4. ROLL CALL
a. Roll Call showing Council Member Martinez arriving at 7:47 p.m.
II 5. MINUTES
a. Regular Session Minutes of July 12, 2016.
On a motion by Council Member Gemmill, seconded by Council Member
Hammier, the regular session minutes of July 12, 2016 were approved by a vote of 6-0-1
(Martinez absent).
6. ADOPTING THE MEETING AGENDA
On a motion by Council Member Hammler, seconded by Council Member Dunn, the
meeting agenda was adopted as presented by the following vote:
Aye: Burk, Dunn, Fox, Gemmill, Hammier, and Mayor Butler
Nay: None
Vote: 6-0-1 (Martinez absent)
7. PRESENTATIONS
a. Proclamation— 75th Anniversary of Douglass School
On a motion by Council Member Dunn, seconded by Council Member Hammier,
the following was proclaimed:
PRO CLAMA TION
1 757" Anniversary of the Douglass School
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WHEREAS, in 1941 the black community of Loudoun County
and Leesburg worked to raise money to purchase land and for a high
school for their children; and
WHEREAS, the school, named for Frederick Douglass, was the
first high school built in Northern Virginia for black students; and
WHEREAS, after segregation in 1969, the school building was
used as an administrative building until 1971; and
WHEREAS, from 1971 until 1976, the building was used as
Leesburg Middle School; and
WHEREAS, the name Douglass was restored to the school after
the new middle school was built and has remained since that time;
and
WHEREAS, on September 24, 1992, Douglass High School was
placed on the National Register of Historic Places.
THEREFORE, PROCLAIMED by the Council of the Town of
Leesburg, in Virginia, that the Loudoun-Douglass Alumni Association
is congratulated on the 75th Anniversary of the construction and
founding of the Douglass School.
PROCLAIMED this 9th day of August, 2016.
b. Proclamation—National Payroll Week
On a motion by Council Member Dunn, seconded by Council Member Fox, the
following was proclaimed:
PRO CLAMA TION
National Payroll Week
September 5-9, 2016
WHEREAS, the American Payroll Association and its more than 21,000
members have launched a nationwide public awareness campaign that pays
tribute to the more than 156 million people who work in the United States and
the payroll professionals who support the American system by paying wages,
reporting worker earnings and withholding federal employment taxes; and
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WHEREAS, payroll professionals in Leesburg, Virginia, play a key role
in maintaining the economic health of[fill in City], carrying out such diverse
tasks as paying into the unemployment insurance system, providing information
for child support enforcement, and carrying out tax withholding, reporting and
depositing; and
WHEREAS, payroll departments collectively spend more than $15 billion
annually complying with myriad federal and state wage and tax laws; and
WHEREAS, payroll professionals play an increasingly important role
ensuring the economic security of American families by helping to identify
noncustodial parents and making sure they comply with their child support
mandates; and
WHEREAS, payroll professionals have become increasingly proactive in
educating both the business community and the public at large about the payroll
tax withholding systems; and
WHEREAS, payroll professionals meet regularly with federal and state
tax officials to discuss both improving compliance with government procedures
and how compliance can be achieved at less cost to both government and
businesses; and
THEREFORE, PROCLAIMED, by the Council of the Town of
Leesburg in Virginia, that September 5-9, 2016 is National Payroll Week in the
Town of Leesburg.
PROCLAIMED this 9th day of August, 2016.
c. Certificate of Recognition—PHISHMe
A Certificate of Recognition was presented to Aaron Higbee and Sam Hahn
of PHISHME in recognition of their receiving$42.5 million in funding and being
named one of Washington Business Journal's Best Places to Work
d. Certificate of Appreciation—Child Safety Seat Program (Officers Travis
Lotz, Stephan Winkler, and Michael Buracker
Certificates of Appreciation were presented to Officers Lotz, Winkler, and
Buracker for development and implementation of the Child Safety Seat Inspection
program.
e. Certificates of Appreciation—Keep Leesburg Beautiful(Daisy Troop 5917)
Certificates of Appreciation were presented to the following members of
Daisy Troop 5917 for their demonstration of civic responsibility by participating in
the Keep Leesburg Beautiful clean up event.
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COUNCIL MEETING August 9, 2016
Alicia Groncki (Leader) Angelica Groncki
Jeff Box (Leader) Amy Diaz
Paola Diaz Lily Box
Cora Ridisill
f. Certificates of Appreciation—Keep Leesburg Beautiful (Tuscarora High
School Key Club)
Certificates of Appreciation were presented to the following members of
the Tuscarora High School Key Club for their demonstration of civic responsibility
by participating in the Keep Leesburg Beautiful clean up event.
Sarah Howorth Vivian Garcia
Quinn Herbine Anne Louise Seekford
g. Certificates of Appreciation—Keep Leesburg Beautiful(Girl Scout Troop
5022)
Certificates of Appreciation were presented to the following members of
Girl Scout Troop 5022 for their demonstration of civic responsibility by
participating in the Keep Leesburg Beautiful clean up event.
Amy Baugus (Leader) Carissa Baugus
Avery Forester Emma Gentrup
Emma Nylund
h. Certificates of Appreciation—Keep Leesburg Beautiful (Cub Scout Pack
998)
Certificates of Appreciation were presented to the following members of
Cub Scout Pack 998 for their demonstration of civic responsibility by
participating in the Keep Leesburg Beautiful clean up event.
Dave Scott(Leader) Braden Scott
Kaitlyn Scott Manohar Nookala
Neha Nookala Shannon Hunter
Seth Phillips Magdalena Phillips
Sara Phillips Clayborne Phillips
Miles Hunter
8. PETITIONERS
The Petitioners section was opened at 8:04 p.m.
Russell Yergin, expressed his dissatisfaction with the denial of Crescent Parke.
He noted that by right development will be much more impactful to the neighbors than
what was proposed. He stated the denial has lost the town proffers, tax dollars and a
good neighbor.
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Victoria Yergin, stated that by right development refers to projects that are
permitted under the current zoning and do not require any legislative action. She noted
some of the uses that would be allowed by right and with special exception on the
Crescent Parke property. She noted many of the improvements that have been lost with
the denial of the application.
Andrew Painter, stated he is a zoning attorney with Walsh Colucci and is
speaking on behalf of Hobie Mitchel and the Lansdowne Development Group on the
Crescent Parke rezoning. He stated there are a lot of different views about the
application and there is a difference of opinion regarding whether final action has been
taken on the application. He stated that since this is one of the last applications that the
town can work with an applicant on, they would like the opportunity to do so.
Hobie Mitchel, stated that they tried very hard during the process and supports
the idea of the Council having another public hearing.
Minu Beijan stated she would like to talk about the addition of fluoride to
Leesburg water supply. She stated fluoride has not been researched completely about its
effects. She stated that the fluoride added to municipal water supplies of not of
pharmaceutical grade. Further, she noted that studies show that even moderate
exposure to fluoride lowers IQ in the general public, specifically with children.
The Petitioners section was closed at 8:30 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Hammler, seconded by Council Member Fox, the
following consent agenda was proposed:
a. Performance Guarantee, Sewer and Waterworks Extension Permit for Leesburg
South Phase 1 (TLPF 2014-0003)
RESOLUTION 2016-099
Authorizing an Agreement and Approving a Performance Guarantee, A
Waterworks Extension Permit and a Sewer Extension Permit for Leesburg South,
Phase 1 (TLPF 2014-0003)
b. Awarding Continuing Services Contracts for Plan Review Services—Subdivision
and Land Development Regulations
RESOLUTION 2016-100
Awarding Continuing Services Contracts for Plan Review Services—Subdivision
and Land Development Regulations
c. Dulles Greenway Extension Removal from the Town Plan
RESOLUTION 2016-101
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Initiating an Amendment to the Town Plan's Roadway Network Policy Map to
Remove the Dulles Greenway Extension
d. Virginia Municipal League's Stairway to Success Program
RESOLUTION 2016-102
In Support of Early Childhood Education
e. Letter to the County Board of Supervisors—Pennington Parking Garage
MOTION 2016-015
I move to authorize the Mayor to send a letter to the Loudoun County Board of
Supervisors regarding the proposed Pennington Parking Garage
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. Leesburg Central Proffer Appeal
The public hearing was opened at 8:33 p.m.
Kevin Ash distributed materials to Council.
Key Points:
• MVB Financial Services is primarily a financial services advisor.
• Owned by Monongahela Valley Bank of West Virginia.
• Automatic Teller Machines are on many buildings that are not banks.
• Financial planning staff will be available by appointment.
• Would be willing to allow the town to use Leesburg Central's parking
spaces after 5 p.m.
Council Comments/Questions:
• Gemmill: Questioned many of the bank functions.
Ash: Stated other investment institutions are federally, but not state
regulated.
• Gemmill: Stated this is technically a bank.
• Dunn: Confirmed that there will be a night deposit, but no drive through.
• Hammler: Questioned whether the proposed tenant is required to have
FDIC. Further, she questioned whether the tenant is legally allowed to
accept cash deposits.
Ash: Stated they have cash because of the ATM.
• Hammier: Stated that this is an interpretation of whether this is a bank,
not to be confused with parking.
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Brian Boucher gave a brief staff presentation on the reasons for the Zoning
Administrator's determination.
Key Points:
• Appeal of the interpretation of Proffer #7 of TLZM 2010-0001, Leesburg
Central.
• Use proposed is a bank, per the zoning ordinance, and therefore not
permitted due to use limitation in Proffer #7, which restricts the uses on
the property to office only.
• Proffer #7 was originally included in the rezoning application to reduce
the number of needed parking spaces.
Council Comments/Questions:
• Dunn: Questioned the definition of a bank. He noted that Walmart offers
a large number of financial transactions. He questioned the use of the
night depository.
Ash: Stated it would most likely be used for deposits.
Boucher: Stated that NVB has obtained a bank license from the Virginia
State Corporation Commission to take deposits.
• Gemmill: Stated that this will be a financial service center similar to the
branch in Reston. He stated that the branch in Reston is considered a
bank.
Ash: Stated that the primary use in Leesburg is financial services.
• Fox: Questioned why the appellant did not go through the proffer
amendment process.
Ash: Stated that the process is longer and the application fee, as well as
paying the parking in lieu fee would cost $16,000.
Dieter Meyer, 214 Andover Court, stated he lives two blocks from the
proposed site and he was the original architect on the project. He stated he
designed office space and this use can be reasonably interpreted as office space.
On a motion by Council Member Hammler, seconded by Council Member
Gemmill, the following was proposed:
MOTION to Affirm
I move that the Town Council affirm the Zoning Administrator's interpretation
TLZC 2016-0014 about rezoning TLZM 2010-0001 proffer#7 Prohibited Uses
and find he correctly identified the proposed use as a bank instead of an office for the
reasons set forth in the staff report dated August 4, 2016.
Council Comments:
• Hammler: Stated that this is an issue under the purview of the Zoning
Administrator. She stated the proffer is restrictive and limiting and MVB
has obtained a license to operate as a bank (receiving deposits). She noted
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this is an issue of fairness and consistency as relates to interpretations of
definitions.
• Gemmill: Stated his agreement with the arguments and the Zoning
Administrator's interpretation.
• Fox: Stated that per the Zoning Ordinance, it is a bank and she agrees
with the interpretation; however, she agrees that the interpretation could
be changed and interpreted as office space. She stated her opinion that it
is within the Council's purview to make that change.
• Martinez: Stated his agreement with the interpretation; however, he feels
this is an opportunity to support a local business.
• Burk: Stated her agreement that the inside customer teller indicates that
this is a bank and she understands why the Zoning Administrator ruled
that way; however, in the same location there is a retail furniture store.
She stated it can be called a "design center", but there is furniture being
sold there so the precedent has been set that this proffer does not apply.
• Dunn: Stated he would not be supporting this motion as he would rather
find a way to allow this use tonight.
• Hammier: Stated this use will offer traditional banking services and is
thus a bank.
The motion failed by the following vote:
Aye: Gemmill and Hammler
Nay: Burk, Dunn, Fox, Martinez and Mayor Butler
Vote: 2-5
On a motion by Council Member Martinez, seconded by Council Member Dunn,
the following was proposed:
MOTION to Deny/Modify
I move that the Town Council overturn the Zoning Administrator's interpretation
TLZC 2016-0014 about rezoning TLZM2010-0001 Proffer#7 Prohibited Uses
and find that he incorrectly identified the proposed use as a bank instead of an office
for the following reasons:
Mayor Butler offered a friendly amendment to add "The primary use at this
location is financial services and bank use is ancillary to the main use".
The amendment was accepted as friendly.
The amended motion was approved by the following vote
Aye: Burk, Dunn, Fox, Martinez, and Mayor Butler
Nay: Gemmill and Hammier
Vote: 5-2
b. Flex Industrial Text Amendment
The public hearing was opened at 9:58 p.m.
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