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
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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
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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.
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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
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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.
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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)
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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:
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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
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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.
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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:
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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
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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
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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
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