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HomeMy Public PortalAbout2012_tcmin0410COUNCIL MEETING April 10, 2012 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David Butler, Thomas S. Dunn, Katie Sheldon Hammler, Marty Martinez, C. Terry Titus, Kevin Wright and Mayor Umstattd. Council Members Absent: Council Member Dunn arrived at 7:57 p.m. Council Member Martinez arrived at 8:02 p.m. Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Zoning Administrator Chris Murphy, Economic Development Manager Marantha Edwards, Library Director Alexandra Gressitt, Senior Planner Irish Grandfield, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Vice Mayor Wright 3. SALUTE TO THE FLAG: Council Member Titus 4. ROLL CALL: Council Member Dunn arrived at 7:57 p.m. Council Member Martinez arrived at 8:02 p.m. 5. MINUTES a. Work Session Minutes of March 26, 2012 On a motion by Council Member Butler, seconded by Council Member Titus, the minutes of the work session meeting of March 26, 2012, were approved by a vote of 5 -0 -2 (Martinez /Dunn absent). b. Regular Session Minutes of March 27, 2012 On a motion by Council Member Butler, seconded by Council Member Titus, the minutes of the regular session meeting of March 27, 2012 were approved by a vote of 5 -0 -2 (Martinez /Dunn absent). 6. ADOPTING THE MEETING AGENDA On the motion of Vice Mayor Wright, seconded by Council Member Butler, the meeting agenda was approved as presented. The motion was approved by the following vote: Aye: Butler, Hammler, Titus, Wright and Mayor Umstattd Nay: None Vote: 5 -0 -2 (Dunn /Martinez absent) 7. PRESENTATIONS a. Certificates of Appreciation — Loudoun County High School Spanish Club On a motion by Council Member Hammler, seconded by Council Member Butler, Certificates of Appreciation were presented to the following students and teachers for their 1 1 Page COUNCIL MEETING April 10, 2012 fundraising bake sale benefiting the Recreation Outreach for Community Kids (R. O. C.K.) program: Senora Andrea Goldstein Senora Marnie Hawk Mrs. Lisa Levy Mr. William Oblas Michelle Babbitt Michaela Branch Sean Crooks Mary Zell Galen A.J. Levy Chris McNabb Joe Peppers Kate Sandberg Hana Thurman Kendrick Umstattd Brock Zeman b. Certificates of Recognition — Special Olympians On a motion by Council Member Hammler, seconded by Council Member Butler, Certificates of Recognition were presented to the following Special Olympics basketball participants and coaches: Tiara Kyles Adam Bell Joe Downs Coach Jeff Erickson Steven Bagot Kelly Erickson Coach Kevin McDonald Proclamation — National Library Week On a motion by Council Member Hammler, seconded by Council Member Butler, the following proclamation was presented to William Ray: PROCLAMATION National Library Week "You Belong C@ Your Library" April 8 - April 14, 2012 WHEREAS, libraries have historically served as our nation's greatest equalizers of knowledge by providing free access to all; and WHEREAS, libraries work to meet the changing needs of their users, including building collections, expanding outreach services and increasing programming; and WHEREAS, our nation's libraries provide a forum for diverse ideas and points of view that help us better understand each other and ourselves; and 2 1 Page COUNCIL MEETING April 10, 2012 WHEREAS, librarians are trained professionals, helping people of all ages and backgrounds find and interpret the information they need to live, learn and work in a challenging world; and WHEREAS, libraries are part of the American dream, places for education opportunity, and lifelong learning; and WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week. THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia proclaim the week of April 8 -14, 2012 as National Library Week and encourage all citizens to visit the library this week to take advantage of all the wonderful library resources available. PROCLAEVIED this 10`' day of April' 2012. d. Proclamation — National Day of Prayer PROCLAMATION National Day of Prayer May 3, 2012 WHEREAS, in 1852 the United States Congress established an annual Day of Prayer; and WHEREAS, that law was amended in 1988 to designate the first Thursday in May as the National Day of Prayer; and WHEREAS, people in Towns and Cities across America observe the annual National Day of Prayer; and WHEREAS, this is a time for citizens of all faiths to join together to pray for our national, state, and community leaders; and WHEREAS, this year's theme "One Nation, Under God" will be highlighted; and THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim May 3, 2012 as National Day of Prayer in the Town of Leesburg. PROCLAIlVIED this 10' day of A pril., 2012. 3 1 COUNCIL MEETING April 10, 2012 Proclamation — KOVAR (Assisting Citizens with Intellectual Disabilities) PROCLAMATION ASSISTING VIRGINIA CITIZENS WITH INTELLECTUAL DISABILITIES WEEK April 16 - April 22, 2 012 WHEREAS, the Knights of Columbus Councils of Virginia have been organizing their annual KOVAR campaign since 1971; and WHEREAS, since 1971 the Knights of Columbus have collected and distributed over $12.5 million for organizations that assist residents of Virginia with intellectual disabilities; and WHEREAS, KOVAR grants have provided much needed assistance to organizations in Leesburg, including ARC of Loudoun County, Loudoun County Government, Hebron Community, Inc., ECHO, and the Special Recreation Advisory Board, Inc. - - THEREFORE, RESOLVED the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim the week of April 16 — April 22, 2012 as Assisting Virginia Citizens with Intellectual Disabilities Week in the Town of Leesburg and extend our thanks to the Knights of Columbus Holy Family Council No. 6831 for their dedication, leadership and efforts on behalf of the citizens of the State of Virginia, Loudoun County and the Town of Leesburg. PROCLAIMED this 10' day of April, 2012. f. Proclamation — Arbor Dav PROCLAMATION Arbor Day April 21, 2012 WHEREAS, in 1872,J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day should be set aside for the planting of trees; and 4 1 11 a ,, COUNCIL MEETING April 10, 2012 WHEREAS, this special day, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, trees provide many benefits to our community, such as reducing the erosion of topsoil, moderating temperatures, reducing heating and cooling costs, cleaning the air and water, and they also produce oxygen and provide a habitat for wildlife; and WHEREAS, planting trees and maintaining mature trees in our Town increases property values, enhances the economic vitality of local businesses, and beautifies our community; and WIIEREAS, the Town of Leesburg is recognized by the National Arbor Day Foundation as a Tree City USA community for twenty -two consecutive years and desires to continue its tree - planting ways; and THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia proclaim April 21, 2012 as the official Arbor Day in the Town of Leesburg for 2012. PROCLAEUED this 10`t' day of April • 2012. h. Journey through hrough Hallowed Ground — Cate W a Ms. Wyatt gave a presentation updating the Council on the activities of the Journey Through Hallowed Ground. She asked the Council to consider donating money to the effort. i. Economic Development Commission Retail Opportunity Ara Bagdasarian and Jim Sisley invited Council and the business community to attend a Retail Opportunity event at Ida Lee on May 2 to listen to analysis of the Leesburg retail market and learn what the top ten opportunities are in Leesburg. 8. PETITIONERS The petitioner's section was opened at 8:39 p.m. Sue Sedlazek, spoke on the health benefits of participating in Meatless Monday. She stated by eliminating consumption of meat one day per week, a seventh of dietary fats can be eliminated from the diet. She stated that there will be a book signing by the author of the Meatless Cookbook this fall. She asked that Council support Meatless Monday for the health and environmental benefits as meat farming and production are heavy polluters and users of environmental resources. The petitioner's section was closed at 8:45 p.m. 5 Pad e COUNCIL MEETING April 10, 2012 9. APPROVAL OF THE CONSENT AGENDA On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the following item was moved for approval as part of the Consent Agenda: a. Authorizing the Town Attorney to Submit the Charter Amendment to the Department of Justice RESOLUTION 2012 -044 To Direct the Town Attorney to Submit for Preclearance to the U.S. Department of Justice (DOJ) the Town Charter Amendment to Move the Date of the Town Council and Mayoral Elections from May to the General Election Date of November Beginning in November 2012, and a Provision that Town Elections will Remain Nonpartisan The Consent Agenda was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: Titus Vote: 6 -1 10. PUBLIC HEARINGS a. TLAP 2012 -0001 Leesburg Toyota — Appeal of a Decision by the Board of Architectural Review (continued from March 27, 2012) Brian Boucher stated the applicant asked for more time to work on some of the issues that were discussed at the B.A.R. meeting. He stated they extended the 75 -day time limit to May 15, 2012 and asked that they be heard again at the B.A.R. meeting on May 7 in hopes of resolving outstanding issues. On a motion by Vice Mayor Wright, seconded by Council Member Butler, the following was proposed: MOTION 2012 -007 I move to keep the Public Hearing for TLAP 2012 -0001 Leesburg Toyota open until May 8, 2012 Council Meeting as the appellant has extended the 75 -day action period until May 15, 2012 Council Comments: • BAR has had enough opportunities to resolve these issues. • Council Member Hammler will be abstaining The motion was approved by the following vote: Aye: Butler, Martinez, Titus, Wright and Mayor Umstattd Nay: Dunn Vote: 5-1-1 (Hammler abstaining) 6 1 t1agc COUNCIL MEETING April 10, 2012 b. TLZM 2012 -0001 Spring Arbor to Allow 10 Additional Beds at their Facility Located at 237 Fairview Street, NW The public hearing was opened at 8:51 p.m. Irish Grandfield gave a brief presentation on the request for 10 additional beds for the assisted living facility. Summary of Key Points: • Change to a single proffer to allow full use of the 87 rooms • Some relatives choose to share a room • Change will not necessitate additional employees or parking • Planning Commission recommended approval Council Comments: • Will a Certificate of Public Need be required? Staff Answer: Yes, will be updated if approval to this application is received Beau Cook, representing the applicant, HHHunt, gave brief comments regarding the application. Summary of Applicant Points: • Department of Social Services issues license for operation — license will be amended if approval is received • No traffic, parking, or health impacts Pattie Covert and Kathleen Greenough, 207 Snowden Court and 806 Santmyer Drive, respectively, encouraged Council to pass this resolution. They stated their father is on a waiting list for a bed in this lockdown facility. Milt Herd, 303 Riding Trail Court, stated he is adjacent to the Spring Arbor property. He urged Council to approve this amendment. He noted the project is over - parked at the present time so there will be no parking impact to the neighborhood. He stated this project has been a great addition to the neighborhood. The public hearing was closed at 9:02 p.m. On a motion by Council Member Dunn, seconded by Council Member Martinez, the following was proposed.• RESOLUTION 2012 -010 Approving ProfferAmendment TLZM2012 -0001 Spring Arbor, Amending TLZM2008 -0002, to Allow an Increase in the Number of Beds from 87 to 97 The motion was approve was approved by the following vote: 71 COUNCIL MEETING April 10, 2012 Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright, and Mayor Umstattd Nay: None Aye: 7 -0 b. Amending Articles 5 and 9 of the Leesburg Zoning Ordinance Regarding Extended Family Residences and Dance Studios as a Home Occupation The public hearing was opened at 9:04 p.m. Chris Murphy presented the following important points: • Remnants of 2011 Batch Amendments • Extended Family Residences are currently permitted in the R -4, R -6 and R -8 districts by special exception • Minimum use standards include area limitation, size limitation, main residence must be owner occupied. • Occupancy limitations limit residence to no more than two family members with temporary need • Acknowledgement of understanding — use is subject to specific conditions • Requirement for annual inspection is removed • Single family detached uses with yard requirements • Amendment applies to two separate residential structures on a single lot Council Comments/ Questions: • Concern about overcrowding • Concern about loss of annual inspections • What makes an accessory structure an extended family residence? Staff answer: Provision of a kitchen. • Notification to surrounding neighbors Staff answer: Minimum use conditions are very stringent. Summary of Key Points with regards to permitting dance lessons as a home occupation: • Deferred from a previous public hearing • Use standards including location standards, owner must be operator, size limitations • Cannot negatively affect the residential character of the neighborhood • Planning Commission recommended approval • Special Exceptions are expensive for a home occupation — currently $5,000 Council Member Comments: • Concern about allowing too many home occupations • What about other types of teaching home occupations, i.e. sewing lessons? Staff answer: Other types of lessons are allowed at the discretion of the zoning administrator. Dance lessons as a home occupation are currently specifically prohibited 8 1 Pale COUNCIL MEETING April 10, 2012 • Concerned with potential impacts to neighborhoods — preference for special exception approval but lowered price for application • Dislike changing ordinances for one or two people • Who trumps who — Homeowner's Association Bylaws or Town Code? Staff Answer: Homeowner's Association There were no members of the public to speak to these amendments. The public hearing was closed at 9:54 p.m. On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the following was proposed.• ORDINANCE 2012 -0 -011 Amending the Leesburg Zoning Ordinance Regarding Extended Family Residences to Permit the Use by Right in Accordance with Specific Use Standards Council Comments: • Only thing allowing by -right is an accessory structure with a kitchen. • Concerned the ordinance is not strict enough to address neighborhood concerns • Ordinance amendments should not be made for one or two applicants • Affidavit is not sufficient proof of family relation Council Member Titus offered a friendly amendment to add the language "a minimum of 10 feet ". The friendly amendment was accepted by Vice Mayor Wright and Council Member Martinez. The motion was approved by the following vote: Aye: Dunn, Martinez, Wright and Mayor Umstattd Nay: Butler, Hammler, and Titus Vote: 4 -3 On a motion by Council Member Dunn, seconded by Vice Mayor Wright, the following was proposed.• ORDINANCE 2012 -0 -012 Amending the Leesburg Zoning Ordinance to Permit Dance Lessons as a Home Occupation Use Subject to Specific Use Standards Council Member Dunn asked for a friendly amendment to change the number of allowed classes per day to three (3) and the limit the number of students per class to four (4). The friendly amendment was accepted by Vice Mayor Wright. 9�t'r� COUNCIL MEETING April 10, 2012 Council Member Hammler made a motion to defer this for two weeks. The motion to defer was seconded by Council Member Butler. The motion to defer failed by the following vote: Aye: Butler and Hammler Nay: Dunn, Martinez, Titus, Wright and Mayor Umstattd Vote: 2 -5 Council Comments: • Ordinance amendments should not be made for one or two citizens • Requested a report on number of complaints • Process could be streamlined or improved • Possibility of a quicker, less expensive level of special exception application • What restrictions are put on other home occupations that have clientele visit the home? Staff answer: Limitations are set based on type of home occupation. The amended ordinance was approved by the following vote: Aye: Dunn, Hammler, Martinez, Wright, and Mayor Umstattd Nay: Butler and Titus Vote: 5 -2 d. Authorizing Conveyance of Real Property to Loudoun County, VA, Acquired from Cattail, Inc. for the Battlefield Parkway — Edwards Ferry Road to Fort Evans Road Project The Public Hearing was opened at 10:24 p.m. Keith Wilson gave a brief summary for this public hearing. Summary of important points: • Town received land rights from Cattail LLC for construction of the Battlefield Parkway Edwards Ferry Road to Fort Evans Road project. • Area is 19,068 square feet which was needed for construction of the project • Loudoun County has requested transfer of the area to them. • Landowner requested the conveyance for St. Gabriel's application. Council Member Butler disclosed he is a member of St. Gabriel's parish. The Public Hearing was closed at 10:28 p.m. On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the following was proposed: 10 1 P COUNCIL MEETING April 10, 2012 RESOLUTION2012 -043 Authorizing Conveyance of Real Property to the Board of Supervisors of Loudoun County, Virginia Acquired for the Construction of the Battlefield Parkway — Edwards Ferry Road to Fort Evans Road Project The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Titus absent) 11. RESOLUTIONS AND MOTIONS a. Virginia Municipal League — Policy Committee Nominations On a motion by Council Member Martinez, seconded by Council Member Dunn, the following was proposed.• RESOLUTION 2012 -044 Nominating Members to VML Policy Committees Summary of important points: VML is requesting nominations before the election All nominations remain the same • Council Member Elect will take former Council Member Reid's nomination The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 6-0-1 (Titus absent) 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS Council Member Martinez: Apologized for being late for the meeting; he was coaching his grandson's baseball team. Vice Mayor Wright: Reminded everyone about Donations for Dogs fundraiser event for Relay for Life. Council Member Titus: Thanked everyone for their assistance during his time on Council. He stated he would appreciate consideration for an appointment to the 111 Page COUNCIL MEETING April 10, 2012 Planning Commission should one become available. He requested a Resolution of Respect for Jock Pumphrey. 16. MAYOR'S COMMENTS Mayor Umstattd stated Leah Kozin is the author of a recently published book. She thanked Council Member Titus for serving on Council. 17. MANAGER'S COMMENTS None. 18. CLOSED SESSION On a motion by Mayor Umstattd, seconded by Vice Mayor Wright, the following was proposed: Pursuant to Section Section 2.2- 3711(A) (3) and (7) of the Code of Virginia, I move that the Leesburg Town Council convene in a closed meeting for the purpose of receiving information and discussion regarding: a. Acquisition of Real Property b. Litigation The motion was approved by the following vote: Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright and Mayor Umstattd Nay: None Vote: 7 -0 The meeting convened in closed session at 10:34 p.m. The meeting reconvened in open session at 10:42 p.m. Mayor Umstattd made the following motion: In accordance with Section 2.2 -3712 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was seconded by Vice Mayor Wright and approved by the following roll call vote: Aye: Butler, Dunn, Hammler, Martinez, Titus, Wright and Mayor Umstattd Nay: None Vote: 7 -0 12 E� <j COUNCIL MEETING April 10, 2012 19. ADJOURNMENT On a motion by Council Member Martinez, seconded by Council Member Butler, the meeting was adjourned at 10:42 p.m. r., Kristen C. U stattd, Mayor Town of Leesburg AT !�T: �f1 Clerk of Coungil 2012 tcmin0410 \-,/ 13�► <,;;�