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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 1 I Page COUNCIL MEETING August 9, 2016 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 2 I Page COUNCIL MEETING August 9, 2016 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. 3IPage 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. 4 I Page COUNCIL MEETING August 9, 2016 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 5 I Page COUNCIL MEETING August 9, 2016 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. 6 I Page COUNCIL MEETING August 9, 2016 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 7 I Page COUNCIL MEETING August 9, 2016 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. 8 I Page