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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: tJ~ 2006_tcminlOll