HomeMy Public PortalAbout2016_tcwsmin0222 Council Work Session February 22, 2016
Council Chambers, 25 West Market Street, 7:52 p.m. Mayor David Butler presiding.
Council Members Present: Kelly Burk, Thomas Dunn, II, Suzanne Fox, R. Bruce
Gemmill, Katie Sheldon Hammler, Marty Martinez and Mayor Butler.
Council Members Absent: Council Member Dunn was absent between 9:27 and 9:46
p.m.
Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel,
Town Attorney Barbara Notar, Assistant Town Manager Scott Parker, Director of
Planning and Zoning Susan Berry Hill, Director of Plan Review Bill Ackman,
Director of Capital Projects and Public Works Renee Lafollette, Deputy Director of
Public Works Charlie Mumaw and Clerk of Council Lee Ann Green,
AGENDA ITEMS
1. Items for Discussion
a. Courthouse Expansion
Irish Grandfield reported on the changes to the application that were
made in response to the public hearing.
Key Points:
• Revised proffers were submitted too late to be included in the public
hearing staff report.
• Rezoning amends the proffers and concept plan to increase the square
footage to 92,000 square feet.
• Town Plan amendment changes the land use for the Pennington Lot
from low density residential to downtown.
• Pennington Lot rezoning the property from R-6 to GC, to allow the
parking garage use.
• A four-story parking garage is still proposed.
• Updated landscaping plan includes additional landscaping including
evergreens.
• Architectural elevations have been updated.
Council Questions/Comments:
• Burk: Questioned the offsite proffers for the Edwards Ferry
Road/Catoctin Circle intersection.
Staff answer: The Traffic Impact Analysis shows a light being needed
for this intersection at some point in the near future. The proffer has
been generalized so that it is not required to be used only for this
improvement.
• Hammier: Questioned whether the county has proffered design/build
for the North King Street/North Street traffic improvement.
Staff answer: They have only proffered$400,000, which is less than
what the improvement is estimated to cost.
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Council Work Session February 22, 2016
• Hammler: Questioned whether the proffer for the improvement to
Edwards Ferry Road and Catoctin Circle is worded broadly enough to
allow the funds to be used for things such as moving the historic
buildings that are slated for demolition.
Staff answer: The Zoning Administrator would have final say, but the
proffer would probably not allow for the use of the funds for non-
transportation related uses.
Public input was begun at 8:04 p.m.
John Burnham, 114 Slack Lane, N.E., stated he did not receive notice
of the public hearing in time to attend because the post office took 13 days to
deliver the notice. He suggested that the length of time for notice be adjusted
to take in to account slow United States Postal Service delivery. He addressed
the over-parking of the project, noting that the garage should be made open for
public use. He noted that the county employees will tend to park on the lower
levels for convenience. Further, he stated he does not like the way the garage
looks.
Gina Mann, The Hamlet, stated she and her family are new in the
neighborhood and moved there because of the proximity to St. John's Catholic
Church and the downtown. She noted that the Pennington Lot is almost
always empty during the week and it is unlikely that a four-story garage will be
used. She noted that the woodland creatures that live in the woods where the
garage is proposed would be displaced.
The public input was closed at 8:14 p.m.
Rich Brittingham of Dewberry, representing the County of Loudoun,
presented his slide show that addressed the items in the staff report. He
thanked the Council for giving those that did not get their notification on time
to speak.
• Proffered a later start of 7 a.m. and are hesitant to reduce construction
hours further, thus lengthening the construction period.
• Revision to the Edwards Ferry Road/Catoctin Circle Intersection
proffer to give flexibility to the funds.
• Lower levels of the parking garage are sunk into the hill, particularly on
the eastern side.
• Incorporated 55 evergreens and 72 supplemental evergreens into the
landscape plan.
• Fire Marshal no longer wants to have their emergency ingress/egress
from North Street and prefers the Pennington Surface Lot. Emergency
access point on North Street will be converted to a maintenance access
only to maintain the storm filter. This allows the entrance to be made
smaller— 15 feet and increase the landscaping.
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Council Work Session February 22, 2016
• Proffer has been changed for the Catoctin Circle/Edwards Ferry Road
improvements to allow other uses for the proffered funds.
Council Comments/Questions:
• Burk: Questioned the need for a four level parking garage when the
Pennington Lot is currently under utilized.
• Applicant answer: Use of the Pennington Lot currently is different
from the expected use once the courthouse expansion is completed and
explained the current spaces that will be lost.
• Butler: Noted that the requirements assume that the Pennington Lot is
currently full, but since it is not that extra capacity should be figured
into the numbers.
Applicant answer: 451 spaces required for the originally approved
application, 50 of which were at the Harrison Street lot which is no
longer available.
• Dunn: Pointed out that the Harrison Street lot was never full when it
was being utilized by the county.
• Butler: Stated that the town may be overestimating the number of
spaces needed based on the number of half empty lots around the
downtown.
• Dunn: Questioned whether the shortage of parking is only because of
the county employees.
Applicant answer: Visitors from out of town are directed to park in the
county garage and at the Pennington lot, taking up spaces needed for
county employees.
• Dunn: Stated he does not feel there is a need for that many spaces.
• Fox: Questioned whether county staff would be directed to park at
Pennington.
Applicant answer: Yes.
• Burk: Questioned the applicant on the possibility of green walls.
Applicant answer: The added support for the weight of the green wall
and additional ventilation is cost prohibitive.
• Hammier: She expressed a desire that the proffer be written to allow the
funds to be used for creative parking solutions partnered with the
county.
• Fox: Requested information about the traffic calming measures and
All-way stop King Street and North Street.
Mr. Tushar Awar with Gorove/Slade Associates: Stated that based on
the existing and projected traffic counts, the volume does not justify a
four way stop at King and North Streets. He noted that a traffic signal
would work well at this location and would be coordinated with the
Market Street traffic signal.
• Dunn: Requested feedback on whether the homeowners in the area
would want permit parking and whether the county would be willing to
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Council Work Session February 22, 2016
pay for it. Further, he requested whether an analysis was done on what
would be needed to expand the current county parking garage.
Applicant answer: Analysis confirmed that the existing foundation for
the garage is not sufficient to accommodate another level; however,
they estimated an additional structure on the outside of the existing
structure would cost approximately$8 million and add about 110
spaces.
• Dunn: Stated that if the county government moves out of Leesburg,
then the courts can use the County government center and the need for
parking will be reduced.
Applicant answer: Currently, only the Economic Development
Department is planned to move to Loudoun Station.
• Dunn: Questioned whether parking could be reconfigured to create
more spaces.
Applicant answer: Reconfiguration does not achieve the necessary
number of spaces without the fourth level of the proposed garage.
• Gemmill: Questioned whether three tiers could be built now and as the
need arose, a fourth level could be built later.
Staff answer: The proposal includes 213 additional spaces over what is
required by the zoning ordinance and removal of one tier would still be
in excess of the zoning ordinance minimum.
Applicant answer: It would have to be taken back to the Board of
Supervisors.
• Burk: Questioned whether this will be built on limestone.
Applicant answer: Extensive geotechnical studies have been done and
appropriate building measures will be taken for construction on
limestone.
• Burk: Questioned whether undergrounding of all utilities including
telephone will occur.
Applicant answer: Proffered undergrounding of all utilities which will
improve the ADA accessibility for the site because of the removal of
telephone poles.
• Burk: Questioned the economic impact study and forest management
plan.
Applicant answer: No economic impact study has been performed and
the forest management plan is required by the town when you are
asking for credit for tree save areas in lieu of required landscaping and
buffering. It identifies invasive species that are problematic to the
existing tree stand and at risk trees that may be dangerous to
construction to promote the long term health of the tree save area.
Staff answer: Forest management plan improves the health of the tree
save area.
• Burk: Questioned the amount of blasting that will need to occur for
construction.
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Council Work Session February 22, 2016
Applicant answer: Could not answer the question because the amount
of blasting is not known in advance; however, notification will be made
to a wider area than required by code as per proffer.
• Hammier: Invited the public to come to the meeting on Tuesday to give
additional comment regarding the changes that have been made.
Further, she questioned whether the Board of Supervisors could be
polled before tomorrow night's meeting to see whether they would be
willing to work with the town to find options other than the fourth floor
of this parking garage.
Applicant answer: Specific direction from the Board of Supervisors was
to add an additional level to the parking garage to alleviate the shortage
in parking created by the loss of the Courthouse Square leased parking
and the Harrison Street lot.
• Hammier: Stated that the town would love to partner with the county
because the town has additional parking needs. Further, she noted that
Pennington is not the most desirable place for additional parking and
stated that the Town will continue to look for the best possible way to
partner with the county to find parking.
• Fox: Stated that any other parking options would require purchase
rather than using property already owned by the town or county. She
questioned when construction on the garage would commence. She
requested clarification of whether the county would continue to work
with the town to seek better options, even if the parking garage is
approved.
Applicant answer: Approval is needed so that the project can continue
to move forward, but will be committed to continuing to work with the
town for another solution for parking.
• Butler: Questioned how sensitive the motion sensors would be on the
top level of the parking garage. Further, he suggested parking county
employees on the third level until space needs required them parking on
the fourth level, eliminating the question about the lights for a few years
to give vegetation time to grow.
Applicant answer: Something around the size of a medium sized dog
will trigger the lights.
• Butler: Requested clarification on the quantity of additional spaces that
are needed for County use.
Applicant answer: Somewhere between 100-200, which varies from
day to day.
b. Planning Work Plan
Susan Berry Hill stated the two subjects that will be covered are the
Town Plan Action Program and the Planning Staff Work Plan.
Key Points:
• Town Plan Action Program is reviewed with the Planning Commission
on an annual basis.
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Council Work Session February 22, 2016
• Planning Commission recommended Council be briefed on the Action
Program and confirm priorities.
o Develop criteria for how to put items on the Capital
Improvement Program—completed.
o Update the town's ordinances for consistency with Federal
Emergency Management guidelines—on hold, but to be
restarted this spring.
o Revise or replace the H-2 Design Guidelines and develop a
small area plan for the East Market Street corridor outside the
bypass —work has begun on the small area plan.
o Development of low impact development regulations —would
like to commence work on this upon completion of the
floodplain ordinance.
• Planning Commission recommended that staff review Appendix B of
the Zoning Ordinance, the Preservation Plan, and Plan for Public Park
areas.
• Things that need further discussion and direction include development
of a capital intensity factor proffer guideline, recommendation from the
EAC to do watershed planning for the Cattail Branch and Big Spring.
• Petitioners have requested bikeway planning throughout town.
• Airport Master Plan and update of surveys of the historic district.
• Staff recommends continuing with the current work projects as they are
currently prioritized.
• Reached out to the University of Virginia for assistance from students
on the East Market Street Small Area Plan.
• Zoning Ordinance Text Amendments: Flex Industrial, Commuter Lots
in the I-1 and Planned Residential District to be completed in the
spring/early summer time frame.
Council Comments/Questions:
• Fox: Questioned why the floodplain ordinance requires updating.
Staff answer: FEMA has commented that the town's floodplain
ordinance is out of date and has provided a template of what should be
contained in the town's flood plain ordinance. Further, state mandates
for stormwater require the flooplain ordinance to be updated.
• Fox: Requested an example of low impact development.
Staff answer: Some things that the EAC has looked at are making
public parking facilities by-right as opposed to special exception,
include provisions in the Design and Construction Standards Manual
regarding "green roofs" and rain gardens to retain drainage on site
rather than creating run off.
• Hammier: Stated her support for moving the Capital Intensity Factors
research up on the list.
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Council Work Session February 22, 2016
• Burk: Agreed that the Capital Intensity Factors research needs to be
moved up on the list. Further, she questioned when the last time
Appendix B was updated.
Staff answer: The indexing has been updated; however, the
methodology has not been updated for over 20 years.
• Dunn: Questioned how long a text amendment takes to complete.
Staff answer: Depends on the complexity of the text amendment and
what the current work load is for the department. If Council directs it
as a priority, it gets moved up.
• Dunn: Questioned how much time would be needed to remove the H-2
Overlay. Further, he noted that items with possible economic impact
need to be moved up the list of importance.
Staff answer: Removal of the H-2 was combined with the Market
Street area plan because there are sections of East Market Street that are
developable.
• Dunn: Stated that removal of the H-2 was a Council priority that has
not been done and now additional work is being added to it. He
expressed that this is unacceptable. He stated the H-2 is a failed process
that slows down applications.
Staff answer: If Council wants to add repealing the H-2 to the work
plan, staff will work on repealing it.
• Butler: Suggested that staff return with specific items that can be
completed to the next work session.
Staff answer: If Council can identify what their top priorities are, staff
can create a plan to achieve what is being suggested.
There was Council consensus to bring this back to the next work
session.
2. Additions to Future Council Meetings
Council Member Hammier requested the following items:
• Memo from Parks and Recreation regarding seeking grants for
riverfront parks —there was consensus from Council for this.
• Direct staff to work on a parking partnership with the Board of
Supervisors to find parking downtown—there was consensus from
Council for this.
• Memo on residential permit parking that was brought up by a citizen—
this has not been brought to the Town Manager for a public hearing at
this time.
• Debrief on the work the Association of Police Chiefs is doing in the
search for a new police chief—The IAPC is developing a profile which
will develop the job description and advertising. Once five or six
applicants have been identified, on-site interviews will occur.
Mayor Butler requested the following items:
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Council Work Session February 22, 2016
• Removal of his nominee to the EDC and appointment of a new
nominee—this will be added to the consent agenda for tomorrow
night's meeting.
• Renewal of discussion about Arts and Cultural district incentives—this
will be discussed as part of the budget process.
• Northern Virginia Regional Commission Adopt a Hydrant Program—
will be added to a future council meeting.
• Recommendation for change in the rules of procedure to require pre-
approval of items to be brought into the Council Chambers for display
purposes by speakers— staff was requested to produce a memo on this.
• Requested a text amendment regarding recreational facilities to allow
indoor recreational facilities to be within 50 feet of the property line—
this will be added to the next meeting.
Council Member Dunn requested a short list from Council of items to send to
the county for which Council would like to see funded—staff noted that this has
already been completed and transmitted to the county.
On a motion by Council Member Fox, seconded by Council Member Hammier, the
meeti : was adjo • ed at 10:37p.m.
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Clerk of .upcil
2016_tcwsmin0222
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