HomeMy Public PortalAbout2006_10_11
COUNCIL MEETING
October 11, 2006
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Kelly Burk, Kathryn Sheldon Hammier, Susan Horne,
Marty Martinez, Ken Reid, Kevin Wright, and Mayor Kristen Umstattd.
Council members Absent:
Staff Present: Town Manager John Wells, Assistant to the Town Manager Nicole
Ard, Assistant to the Town Manager Kathy Leidich, Director of Engineering and Public
Works Tom Mason, Chief of Police Joe Price, Director of Planning, Zoning and
Development Susan Swift, Director of Finance Norm Butts, Director of Capital
Projects Management Nagi Elsewaissi, Downtown Coordinator Lisa Capraro, Zoning
Administrator Brian Boucher, Preservation Planner Annie McDonald, Management
Specialist Tami Watkins and Clerk of Council Judy Ahalt.
AGENDA
ITEMS
A. Invocation by Council Member Burk
B. Salute to the Flag was led by Vice Mayor Horne
C. Roll Call showing all present.
D. Minutes
a. Regular session minutes of July 25, 2006
On a motion by Council Member Wright, seconded by Vice Mayor
Horne, the minutes of the regular session meeting of July 25 were approved
by a 7-0 vote.
b. Work session minutes of August 7, 2006
On a motion by Council Member Hammier, seconded by Vice Mayor
Horne, the minutes of the work session meeting of August 7 were approved
by a 7-0 vote.
E. Presentations
a. Resolution of Respect - Marilyn Helms-White
Council approved the following resolution of respect for Marilyn Helms-
White:
Resolution of Respect
Marilyn Helms-White
WHEREAS, Marilyn Helms-White, a business owner in Leesburg,
passed away on August 4, 2006 at the age of 54; and
WHEREAS, Ms. Helms-White owned and operated Etceteras, a very
unique and successful jewelry shop that she opened in April, 2004; and
WHEREAS, Ms. Helms-White owned and operated a store of the same
name in Norfolk, Virginia for nine years; and
Town Council Minutes for October 11. 2006
Page 2
WHEREAS, Ms. Helms-White was instrumental last year in the
organization of the first Leesburg Downtown Business Association's "Paint the
Town Pink" promotion to raise awareness of breast cancer; and
WHEREAS, Ms. Helms-White organized this event to raise public
awareness for breast cancer and research by bringing the downtown business
community together to support this important cause; and
WHEREAS, the "Paint the Town Pink" campaign will continue this year
in her honor after Ms. Helms-White fought her breast cancer while continuing
to operate her shop as long as she could.
THEREFORE, RESOLVED the Mayor Town and Council of the Town of
Leesburg in Virginia hereby extend their sympathy to the Helms-White family
and ask that this Resolution of Respect be spread upon the minutes of this
meeting and that a copy be given to the family.
PASSED this 11th day of October 2006.
b. Certificate of Appreciation - Grand Master Choi and John Choi
On a motion by Council Member Hammier, seconded by Council
Member Burk, a Certificate of Appreciation was presented to Grand Master
Choi and John Choi for their efforts in raising over $11,000 for cancer
research through the 14th Annual "Kick Cancer Out of the World" fundraiser".
Lynn Sales, President of the Board of Blue Ridge Hospice, and Pat
Bishop were present to present the 2006 Shining Light Award to Grand Master
Choi.
d. Leesburg Theatre Company
Kevin Summers on behalf of the Leesburg Theatre Company asked the
Town to support a cultural arts center for Loudoun. Further, he stated the
Town could subsidize by providing space, supplies, attorney's fees and
accounts. Those persons interested in helping may contact the Leesburg
Theatre Company at www.leesburgtheatre.com.
Council Member Burk suggested that Mr. Summers attend the Public
Arts Commission to provide a presentation.
e. Paws for People
Representatives from Paws for People were present to explain the
functions of their group which started seven years ago. He stated this
organization uses dogs in a therapy role at schools for special needs children,
behavior modification, and English as a second language. Further, private
placement is available and have made over 8300 classroom visits.
F. Petitioners
There were no petitioners.
G. Public Hearing
a. Amending the Town Code to allow Water and Sewer Availability
Fees to be paid in installments
Town Council Minutes for October 11. 2006
Page 3
The public hearing opened at 8: 10 p.m.
Betsy Fields outlined this Town Code amendment to allow water and
sewer availability fees to be paid in installments. This amendment would
allow applicants with sewer availability charges in excess of $15,000 to make
a down payment of $15,000 and pay the balance in a series of up to 24
monthly payments. Further, the proposed amendment will allow applicants
with water availability charges in excess of $10,000 to make a down payment
of $10,000 and to pay the balance in a series of up to 24 monthly payments.
Council Member Hammier stated this is an important step in attracting
high quality restaurants.
Council Members Wright and Reid echoed Council Member Hammier's
comments.
The public hearing closed at 8: 18 p.m.
On a motion by Council Member Martinez, seconded by Council
Member Hammier, the following was proposed:
2006-0-66
ORDINANCE
Amending and reordaining Section 15-14 (Availability Charge for Sewer
Service) of Article I (General) of Chapter 15 (Sewer and Sewage Disposal)
and Section 19-23 (Availability Charges for Water Service) of Article II (Town
Water Works Generally) of Chapter 19 (Water) all of the Code of the Town of
Leesburg, Virginia, 1976, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Umstattd
Nay: None
Vote: 7-0
H. Legislation
ORDINANCES
Various Amendments to the Zoning Ordinance of the Town of Leesburg,
Virginia, 2003, as amended:
On a motion by Vice Mayor Horne, seconded by Council Member Hammier,
the following motion was proposed:
ORDINANCE 2006-0-20
Amending and Reordaining Subsection 2.3.3 (Members, Compositions, and terms) of
Section 2.3 (Board of Architectural Review) of Article 2 (Review and Decision-Making
Bodies) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as
amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
Town Council Minutes for October 11. 2006
Page 4
On a motion by Council Member Martinez, seconded by Council Member
Wright, the following motion was proposed:
ORDINANCE 2006-0-21
Amending and Reordaining Subsection 3.1.2 (Application Filing Fees) of Section 3.1
(General) of Article 3 (Review and Approval Procedures) of the Zoning Ordinance of
the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Burk, seconded by Council Member Martinez,
the followi ng motion was proposed:
ORDINANCE 2006-0-22
Amending and Reordaining Sub-sub-sub-subsection 3.1.9.A.3.C (Cases Involving
More Than 25 Tax Map Parcels) of Sub-sub-subsection 3.1.9.A.3 (Cases Involving
More Than 25 Tax Map Parcels) of Sub-section 3.1.9.A (Written Notice) of Subsection
3.1.9 (Public Hearing Notices) of Section 3.1 (General) of Article 3 (Review and
Approval Procedures) of the Zoning Ordinance of the Town of Leesburg, Virginia,
2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-23
Amending and Reordaining Sub-subsection 3.3.6.D (Concept Plan) of Subsection
3.3.6 (Submittal Requirements) of Section 3.3 (Zoning Map Amendments
[Rezonings]) and Sub-subsection 3.4.6.E (Special Exception Plat) of Subsection 3.4.6
(Submittal Requirements) of Section 3.4 (Special Exceptions), both of Article 3
(Review and Approval Procedures) of the Zoning Ordinance of the Town of Leesburg,
Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-24
Amending and Reordaining Sub-subsection 3.3.6.E (Statement of Justification) of
Subsection 3.3.6 (Submittal Requirements) of section 3.3 (Zoning Map Amendments
- Rezonings) and Sub-subsection 3.4.6.F (Written Statement) of Subsection 3.4.6
(Submittal Requirements) of Section 3.4 (Special Exceptions), both of Article 3
Town Council Minutes for October 11. 2006
Page 5
(Review and Approval Procedures) of the Zoning Ordinance of the Town of Leesburg,
Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council Member Burk,
the following motion was proposed:
ORDINANCE 2006-0-25
To amend and Reordain the Zoning Ordinance of the Town of Leesburg, Virginia,
2003, as amended by adding a new Sub-subsection 3.3.6.K (Archeological/Historic
Information) to Subsection 3.3.6 (Submittal Requirements) of Section 3.3 (Zoning
Map Amendments [Rezonings]) of Article 3 (Review and Approval Procedures).
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Burk, seconded by Council Member Wright,
the following motion was proposed:
ORDINANCE 2006-0-26
Amending and Reordaining Subsection 3.4.5 (Concurrent Review) of Section 3.4
(Special Exceptions) of Article 3 (Review and Approval Procedures) of the Zoning
Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council Member
Hammier, the following motion was proposed:
ORDINANCE 2006-0-27
Amending and Reordaining Section 3.12 (Commission Permits [Public Project
Review]) of Article 3 (Review and Approval Procedures) of the Zoning Ordinance of
the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the
following motion was proposed:
Town Council Minutes for October 11. 2006
Paqe 6
ORDINANCE 2006-0-28
Amending and Reordaining the Zoning Ordinance of the Town of Leesburg, Virginia,
2003, as amended by adding Section 3.15 (Appeals of Proffer Interpretations) to
Article 3 (Review and Approval Procedures).
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-29
Amending and Reordaining Subsection 5.1.1 (Description) of Section 5.1 (R-E,
Single-Family Residential Estate District) of Article 5 (Residential Zoning Districts) of
the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Wright, seconded by Council Member
Martinez, the following motion was proposed:
ORDINANCE 2006-0-30
Amending and Reordaining Subsection 5.4.1 (Description) of Section 5.4 (R-4,
Single-Family Residential District) of Article 5 (Residential Zoning Districts) of the
Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council Member
Hammier, the following motion was proposed:
ORDINANCE 2006-0-31
Amending and Reordaining Subsection 5.6.1 (Description) of Section 5.6 (R-HD,
Historic Residential District) of Article 5 (Residential Zoning Districts) of the Zoning
Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council Member Burk,
the following motion was proposed:
Town Council Minutes for October 11. 2006
Page 7
ORDINANCE 2006-0-32
Amending and Reordaining Subsection 5.7.1 (Description) of Section 5.7 (R-8,
Medium-Density Attached Residential District) of Article 5 (Residential Zoning
Districts) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as
amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council Member
Hammier, the following motion was proposed:
ORDINANCE 2006-0-33
Amending and Reordaining Subsection 5.9.1 (Description) of Section 5.9 (R-22 Multi-
Family Residential Districts) of Article 5 (Residential Zoning Districts) of the Zoning
Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Wright, seconded by Council Member
Hammier, the following motion was proposed:
ORDINANCE 2006-0-34
Amending and Reordaining Subsection 6.1.1 (Description) of Section 6.1 (0-1,
General Office District) of Article 6 (Nonresidential Districts) of the Zoning Ordinance
of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Hammier, seconded by Council Member Burk,
the following motion was proposed:
ORDINANCE 2006-0-35
Amending and Reordaining the Zoning Ordinance of the Town of Leesburg, Virginia,
2003, as amended by deleting Section 6.2 (0-2, Office Park District) of Article 6
(Nonresidential Districts).
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the
following motion was proposed:
Town Council Minutes for October 11. 2006
Page 8
ORDINANCE 2006-0-36
Amending and Reordaining Subsection 6.3.1 (Description) of Section 6.3 (B-1,
Community [Downtown] Business District) of Article 6 (Nonresidential Districts) of
the Zoning Ordinance of the Town ofLeesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-37
Amending and Reordaining Subsection 6.3.3 (Density/Intensity and Dimensional
Standards) of Section 6.3 (B-1, Community [Downtown] Business District) of Article
6 (Nonresidential Districts) of the Zoning Ordinance of the Town of Leesburg,
Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Wright, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-38
Amending and Reordaining Subsection 6.5.1 (Description) of Section 6.5 (B-3,
Community Retail/Commercial District) of Article 6 (Nonresidential Districts) of the
Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Burk, seconded by Council Member Martinez,
the following motion was proposed:
ORDINANCE 2006-0-39
Amending and Reordaining Subsection 6.6.1 (Description) of Section 6.6 (B-4, Mixed
Use Business District) of Article 6 (Nonresidential Districts) of the Zoning Ordinance
of the Town of Leesburg, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council Member Burk,
the following motion was proposed:
Town Council Minutes for October 11. 2006
Paqe 9
ORDINANCE 2006-0-40
Amending and Reordaining the Zoning Ordinance of the Town of Leesburg, Virginia,
2003, as amended by deleting Section 6.8 (1-2, Industrial/Warehouse/Office District)
of Article 6 (Nonresidential Districts).
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Hammier, seconded by Vice Mayor Horne,
the following motion was proposed:
ORDINANCE 2006-0-41
Amending and Reordaining the Zoning Ordinance of the Town of Leesburg, Virginia,
2003, as amended by deleting Section 6.9 (M-l, Basic Industry District) of Article 6
(Nonresidential Districts).
The motion was approved by the following Vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-42
Amending and Reordaining Subsection 7.5.2 (Applicability) of Section 7.5 (H-l, Old
and Historic Overlay District) of Article 7 (Overlay and Special Purpose Districts) of
the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Vice Mayor Horne, seconded by Council Member Burk, the
following motion was proposed:
ORDINANCE 2006-0-43
Amending and Reordaining Subsection 7.5.10 (Designation of Historic Districts and
Landmarks) of Section 7.5 (H-l, Old and Historic Overlay District) of Article 7
(Overlay and Special Purpose Districts) of the Zoning Ordinance of the Town of
Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council Member
Wright, the following motion was proposed:
Town Council Minutes for October 11. 2006
Page 10
ORDINANCE 2006-0-44
Amending and Reordaining Subsection 7.6.3 (Applicability) of Section 7.6 (H-2,
Historic Corridor Architectural Control Overlay District) of Article 7 (Overlay and
Special Purpose Districts) of the Zoning Ordinance of the Town of Leesburg, Virginia,
2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Wright, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-45
Amending and reordaining Sub-subsection 8.2.1.B (Submittal Requirements) of
Subsection 8.2.1 (Concept Plan) of Section 8.2 (Procedures) of Article 8 (Planned
Development Districts) of the Zoning Ordinance of the Town of Leesburg, Virginia,
2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council Member
Wright, the following motion was proposed:
ORDINANCE 2006-0-46
Amending and Reordaining Sub-subsection 8.2.2.D (Submittal Requirements) of
Subsection 8.2.2 (Planned Development [PD] Rezoning Plans) of Section 8.2
(Procedures) of Article 8 (Planned Development Districts) of the Zoning Ordinance of
the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright, and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the
following motion was proposed:
ORDINANCE 2006-0-47
Amending and Reordaining the Zoning Ordinance of the Town of Leesburg, Virginia,
2003, as amended by adding Sub-sub-subsection 8.2.2.F.3 (PD Rezoning Plan
Approval Criteria) to Sub-subsection 8.2.2.F (PD Rezoning Plan Approval Criteria) of
Subsection 8.2.2 (Planned Development [PD] Rezoning Plans) of Section 8.2
(Procedures) of Article 8 (Planned Development Districts).
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Town Council Minutes for October 11. 2006
Page 11
Vote: 7-0
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-48
Amending and Reordaining Section 9.2 (Use Table) of Article 9 (Use Regulations) of
the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Wright, seconded by Council Member
Martinez, the following motion was proposed:
ORDINANCE 2006-0-49
Amending and Reordaining Subsection 9.3.21 (Service Stations) of Section 9.3 (Use
Standards) of Article 9 (Use Regulations) of the Zoning Ordinance of the Town of
Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-50
Amending and Reordaining Subsection 9.3.23 (Telecommunication Facilities) of
Section 9.3 (Use Standards) of Article 9 (Use Regulations) of the Zoning Ordinance
of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
The following motion to deny was proposed by Council Member Reid,
seconded by Council Member Hammier:
ORDINANCE
Amending and Reordaining Sub-subsection 9.4.3.D (Prohibited Home Occupations) of
Subsection 9.4.3 (Home Occupations) of Section 9.4 (Accessory Uses) of Article 9
(Use Regulations) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003,
as amended.
The motion to deny was approved by the following vote:
Aye: Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: Burk
Vote: 6-1
Town Council Minutes for October 11. 2006
Page 12
On a motion by Council Member Martinez, seconded by Council Member Burk,
the following motion was proposed:
ORDINANCE 2006-0-51
Amending and Reordaining Sub-sub-subsection 10A.5.C.5 (Decks and Patios) of
Sub-subsection 10A.5.C (Extensions Into Required Yards) of Subsection 1004.5
(Minimum Yard Requirements) of Section lOA (Measurements, Computations and
Exceptions) of Article 10 (Density/Intensity + Dimensional Standards) of the Zoning
Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council Member Burk,
the following motion was proposed:
ORDINANCE 2006-0-52
Amending and Reordaining Sub-sub-subsection 10A.5.C.9 (Swimming Pools) of Sub-
subsection 10A.5.C (Extensions Into Required Yards) of Subsection 10.4.5
(Minimum Yard Requirements) of Section lOA (Measurements, Computations and
Exceptions) of Article 10 (Density/Intensity + Dimensional Standards) of the Zoning
Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-53
Amending and Reordaining Sub-subsection 10A.5.E (Additional Setback
Requirements from Certain Streets) of Subsection 1004.5 (Minimum Yard
Requirements) of Section lOA (Measurements, Computations and Exceptions) of
Article 10 (Density/Intensity + Dimensional Standards) of the Zoning Ordinance of
the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Wright, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-54
Amending and Reordaining Section 11.3 (Number of Parking Spaces Required) of
Article 11 (Parking, Loading and Pedestrian Access) of the Zoning Ordinance of the
Town of Leesburg, Virginia, 2003, as amended.
Town Council Minutes for October 11. 2006
Page 13
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Hammier, seconded by Council Member
Wright, the following motion was proposed:
ORDINANCE 2006-0-55
Amending and Reordaining Subsection 11.5.2 (Trucks Parked in Residential Areas) of
Section 11.5 (Use of Parking and Loading Areas) of Article 11 (Parking, Loading and
Pedestrian Access) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003,
as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd
Nay: Reid
Vote: 7-0
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-56
Amending and Reordaining Sub-subsections 11.6.1.D (Pavement Requirements) and
11.6.1.F (Sidewalks and Pedestrian Facilities), both of Subsection 11.6.1 (General) of
Section 11.6 (Parking and Loading Area Design Standards) of Article 11 (Parking,
Loading and Pedestrian Access) of the Zoning Ordinance of the Town of Leesburg,
Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the
following motion was proposed:
ORDINANCE 2006-0-57
Amending and Reordaining the Zoning Ordinance of the Town of Leesburg, Virginia,
2003, as amended, by adding Sub-subsection 11.6.1.K (Front Yard Parking Areas) to
Subsection 11.6.1 (General) of Section 11.6 (Parking and Loading Area Design
Standards) of Article 11 (Parking, Loading and Pedestrian Access).
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
A motion to table was proposed by Council Member Wright, seconded by Vice
Mayor Horne.
ORDINANCE
Amending and Reordaining Subsection 11.8.3 (Financial Institution Drive-Up
Windows) of Section 11.8 (Stacking Spaces) of Article 11 (Parking, Loading and
Town Council Minutes for October 11. 2006
Page 14
Pedestrian Access) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003,
as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Reid abstaining)
On a motion by Vice Mayor Horne, seconded by Council Member Burk, the
following motion was proposed:
ORDINANCE 2006-0-58
Amending and Reordaining Section 11.10 (Alternative Loading Provisions) of Article
11 (Parking, Loading and Pedestrian Access) of the Zoning Ordinance of the Town of
Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 6-0-1 (Reid abstaining)
On a motion by Council Member Wright, seconded by Council Member
Martinez, the following motion was proposed:
ORDINANCE 2006-0-59
Amending and Reordaining Sub-subsection 12.2.3.A (Scale) of Subsection 12.2.3
(Contents of Landscape Plan) of Section 12.2 (Administration) of Article 12
(Landscaping, Screening, Open Space and Lighting) of the Zoning Ordinance of the
Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Vice Mayor
Horne, the following motion was proposed:
ORDINANCE 2006-0-60
Amending and Reordaining Subsection 1204.1 (Applicability) of Section 12.4 (Street
Trees) of Article 12 (Landscaping, Screening, Open Space and Lighting) of the
Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following motion was proposed:
Town Council Minutes for October 11. 2006
Page 15
ORDINANCE 2006-0-61
Amending and Reordaining Subsection 12.804 (Land Use Categories) of Section 12.8
(Buffers and Screening) of Article 12 (Landscaping, Screening, Open Space and
Lighting) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as
amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Council Member
Hammier, the following motion was proposed:
ORDINANCE 2006-0-62
Amending and Reordaining Subsection 12.904 (Diversity) of Section 12.9 (Plant
Material Specifications) of Article 12 (Landscaping, Screening, Open Space and
Lighting) of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as
amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Wright, seconded by Council Member
Martinez, the following motion was proposed:
ORDINANCE 2006-0-63
Amending and Reordaining Section 12.11 (Outdoor Lighting) of Article 12
(Landscaping, Screening, Open Space and Lighting) of the Zoning Ordinance of the
Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Martinez, seconded by Mayor Hammier, the
following motion was proposed:
ORDINANCE
Amending and Reordaining Subsection 15.5.14 (Neon Signs) of Section 15.5
(Prohibited Signs) of Article 15 (Sign Regulations) of the Zoning Ordinance of the
Town of Leesburg, Virginia, 2003, as amended.
Council Member Burk verified there will be no new neon signs other than the
allowed "Open" signs.
Council Member Reid stated the BAR should be given the opportunity to
review these signs.
Council Member Wright stated the BAR does not want to review these signs.
Town Council Minutes for October 11. 2006
Page 16
Brian Boucher stated there are no real guidelines to judge neon signs and if
this ordinance does not go forward the BAR will continue to review neon signs.
Council Member Reid made a motion to restrict review by the BAR to the H-l
District and motion failed for the lack of a second.
Council Member Reid made a motion to table, seconded by Mayor Umstattd.
The motion to table was approved by the following vote:
Aye: Burk, Horne, Reid and Mayor Umstattd
Nay: Hammier, Martinez and Wright
Vote: 4-3
On a motion by Council Member Martinez, seconded by Council Member Burk,
the following motion was proposed:
ORDINANCE 2006-0-64
Amending and Reordaining Subsections 18.1.30 (Cluster Development), 18.1.103
(Multi-Family Dwelling), 18.1.146 (Public Utility, Minor), 18.1.175
(Telecommunications Use and/or Structure), and 18.1.188 (Warehouse), all of
Section 18.1 (Terms Defined) of Article 18 (Definitions) of the Zoning Ordinance of
the Town of Leesburg, Virginia, 2003, as amended.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
On a motion by Council Member Burk, seconded by Vice Mayor Horne, the
following motion was proposed:
ORDINANCE 2006-0-65
Amending and Reordaining the Zoning Ordinance of the Town of Leesburg, Virginia,
2003, as amended, by adding Subsections 18.1.79.A (Industrial Flex), 18.1.95.A
(Mailing Service), and 18.1.138.A (United States Postal Service), all to Section 18.1
(Terms Defined) of Article 18 (Definitions).
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
following consent agenda was proposed:
RESOLUTION 2006-170
Authorizing an agreement and approving a performance guarantee and water
extension permit for Leesburg Plaza - Outparcel A.
RESOLUTION 2006-171
Awarding the Lowenbach Traffic Circles construction contract.
Town Council Minutes for October 11. 2006
Page 17
The consent motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the
following motion was proposed:
RESOLUTION 2006-172
Expressing opposition to the elimination of certain discounts for users of the
Dulles Greenway.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
On a motion by Vice Mayor Horne, seconded by Council Member Martinez, the
following motion was proposed:
MOTION
Authorizing an amendment to the employment contract between the Leesburg Town
Council and Town Attorney Barbara P. Beach.
The motion was approved by the following vote:
Aye: Burk, Horne, Martinez, Reid, and Mayor Umstattd
Nay: Hammier and Wright
Vote: 5-2
On a motion by Council Member Wright, seconded by Council Member
Hammier, the following motion was proposed:
RESOLUTION 2006-173
Making an appointment to the Environmental Advisory Commission - Marrett Ceo
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor
Umstattd
Nay: None
Vote: 7-0
I. BOARDS AND COMMISSIONS
a. Airport Commission
No comment
b. Thomas Balch Library Commission
No comment
c. Board of Architectural Review
No comment
Town Council Minutes for October 11. 2006
Paqe 18
d. Cable Television Advisory Commission
Council Member Hammier stated she has issues with her cable which she is
trying to resolve.
e. Commission on Public Art
Council Member Burk stated the Commission has not met yet.
f. Economic Development Commission
No comment
g. Environmental Advisory Commission
Council Member Burk stated they have not met this month.
h. Information Technology Commission
Council Member Martinez reported the Commission has a survey on the
website asking what citizens would like to see on the Town's website.
i. Parks and Recreation Commission
Council Member Wright reported they will meet on Saturday.
j. Planning Commission
No comment
k. Tree Commission
Council Member Reid stated the Commission has changed their meeting to
Tuesday night. Further, he attended the Northern Virginia Tree Roundtable at
Ida Lee.
I. Standing Residential Traffic Committee
Council Member Reid stated he missed the meeting for religious reasons (Yom
Kippur).
J. OLD BUSINESS
None
K. NEW BUSINESS
a. On a motion by Council Member Hammier, seconded by Council Member Burk,
the following was proposed:
MOTION
I move that the Town Council endorse the concept of joint planning in the area
known as Leesburg Joint Planning Area (UPA) highlighted in green on the
October 2006 Leesburg Joint Planning Area Map, which was formerly referred to
as the Urban Growth Area. It is the Council's intent to define joint planning as to
include joint decision making. It is further understood that the LAMP area would
still be the boundary within which development applications shall be forwarded to
the Town for referral.
Council Member Wright made a motion to amend the motion by taking the
second sentence and moving it to a separate paragraph.
Council Member Hammier accepted the motion to amend, but Council Member
Burk did not.
Town Council Minutes for October 11. 2006
Page 19
The original motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
b. On a motion by Council Member Reid, seconded by Council Member
Martinez, the following motion was proposed:
RESOLUTION 2006-174
Authorizing the Town Manager to advertise a notice of public hearing for a
proposed bond financing by the Town of Leesburg.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
c. Council Member Martinez, seconded by Council Member Burk, made a motion
to suspend the rules and vote on the following motion. The motion to suspend
the rules was approved 7-0.
On a motion by Council Member Burk, seconded by Vice Mayor Horne, the
following motion was proposed:
MOTION
Authorizing the Mayor to sign a letter encouraging the Town's participation in the
Riparian Forest Buffer Directive No. 03-01.
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd.
Nay: None
Vote: 7-0
d. On a motion by Mayor Umstattd, seconded by Council Member Martinez, the
following motion was proposed:
RESOLUTION 2006-175
Making an appointment to the Board of Architectural Review - Miriam Nasuti
The motion was approved by the following vote:
Aye: Burk, Hammier, Horne, Martinez, Reid, Wright and Mayor Umstattd
Nay: None
Vote: 7-0
L. COUNCIL COMMENTS
Council Member Reid announced that Spanky's Shennigans golf outing is Monday,
October 16 at Goose Creek Golf Club and will benefit the Leesburg Volunteer Fire and
Rescue.
He reminded Council the NAACP Freedom Fund Banquet is Saturday, October 21
at the National Conference Center.
Town Council Minutes for October 11. 2006
Paoe 20
Further, he reported that he will be in jail on October 19 to benefit Muscular
Dystrophy Association.
Council Member Wrioht commended Council Member Reid on his fundraising
efforts for MDA.
He asked the Town Manager for an update on the Manager's Report.
He asked to have included the number of houses for sale, time on the market for
both retail and residential, status as far as 55/45 approach regarding retail vs.
residential tax base and the # of established businesses in the Town.
He thanked staff for the review of some of our key economic development
projects.
He stated he is not opposed to striking neon signs.
He complimented the planning staff and the Town Attorney for their work on the
Zoning Ordinance Amendments.
Council Member Hammier thanked Brian Boucher for his incredible work and
professionalism on the zoning ordinance amendments.
She asked for a time line on the update on major projects.
Further, she is looking forward to the Council retreat.
Council Member Martinez stated he too went to the Tree Roundtable put on by
the Tree Commission.
He stated the trip to Staunton was great.
Council Member Martinez stated the NAACP Dinner is coming up.
Further, the AADP meetings are going well.
He complimented Kathy Liedich on a successful Board and Commission training
session.
He thanked staff for their work on the Zoning Ordinance amendments.
Vice Mayor Horne stated the Decorator Show House will be open through next
Sunday. She commended the Arts Council for their work on that project.
She reported speaking with Colleen Snow regarding the Oaklawn project.
She thanked staff for organizing the trip to Staunton stating she was impressed
to see the energy this community has generated; they were able to attract the
Shakespeare Theatre there and she was impressed with the sponsorship they had on
the theatre.
She reported attending the open house at the Howard Hughes Medical Center and
the Loudoun Museum Children's Garden open house.
Town Council Minutes for October 11. 2006
Page 21
She stated the Board and Commission training was well attended.
Further, she attended the first floor retail meeting and is looking forward to
continued discussion on this issue.
Vice Mayor Horne stated the Air and Space Museum Udvar-Hazy Center is hosting
an Air and Scare Event on October 28, 4-8 p.m.
Council Member Burk reminded everyone that "Light the Night Walk" will be
returning to Ida Lee Park on October 14.
She commented on developer comments regarding their concerns with the
Town's development process, stating that developers are not meeting their
deadlines.
She reported going to Staunton last week along with other Council Members and
staff to see what they have done with regard to infill and redevelopment.
She stated they received a grant to redevelop a hotel which has an art gallery on
the second level, several fine restaurants; they have constructed a beautiful parking
garage, and have a new theatre.
In addition all of these projects were done with partnerships.
She thanked the Downtown Business Association for sponsoring the "Paint the
Town Pink" event and welcomed the Virginia Store on S. King Street.
She reported the Designer House is amazing.
She congratulated the Leesburg Volunteer Fire Fighters for finishing first in a
national competition
M. MAYOR'S COMMENTS
Mayor Umstattd reported visiting the Children's Garden at Loudoun Museum
stating it is a delight.
She reported that Col. Jay Greely will also be raising money for Muscular
Dystrophy.
The Mayor congratulated Barbara Williams for opening her law office in Leesburg.
She stated the Pink House is very charming. Also at the Eyetopia ribbon cutting,
she got to meet the creator of Spiderman Comics. His new creation for kids is going
to be Spider Girl.
N. MANAGER'S REPORT
John Wells showed Council the home page of the new website for Leesburg and
different options available to Council and the community.
He thanked Kathy Leidich and Brenda Norton for their hard work on the Board
and Commission training.
Town Council Minutes for October 11. 2006
Page 22
He stated the new addition to the Manager's Report will be provided on a monthly
basis.
Council Member Burk asked who is responsible for maintaining sound barriers.
Tom Mason stated it is between VDOT, the HOA and the Town as the developer
will not take ownership.
Mr. Wells stated the Hispanic Heritage Month Children's activities will be held
October 13 at the Leesburg Police Department. He thanked all of those involved.
o. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Vice Mayor Horne, the
meeting was adjourned at 10:06 p.m.
C. stattd, Mayor
Town of Leesburg
ATTEST:
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