HomeMy Public PortalAbout2012_tcmin1113COUNCIL MEETING November 13, 2012
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: Kelly Burk, David Butler, Thomas S. Dunn, Katie Sheldon
Hammler, Marty Martinez, Kevin Wright and Mayor Umstattd.
Council Members Absent: None.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Director of
Planning and Zoning Susan Berry Hill, Director of Public Works Tom Mason, Director
of Plan Review Bill Ackman, Deputy Director of Planning and Zoning Brian Boucher,
Assistant Town Manager Scott Parker, Zoning Administrator Chris Murphy, Land
Acquisition Manager Keith Wilson, Senior Planner Mike Watkins and Clerk of Council
Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Council Member Butler
3. SALUTE TO THE FLAG: Council Member Dunn
4. ROLL CALL: Showing Council Members present.
5. MINUTES
--� a. Work Session Minutes of October 22, 2012
On a motion by Council Member Butler, seconded by Council Member Burk, the
minutes of the Work Session meeting of October 22, 2012 were approved by a vote of 7 -0.
b. Regular Session Minutes of October 23, 2012
On a motion by Council Member Butler, seconded by Mayor Umstattd, the
minutes of the Regular Session meeting of October 23, 2012 were approved by a vote of 7 -0.
6. ADOPTING THE MEETING AGENDA
On the motion of Council Member Martinez, seconded by Council Member Butler, the
meeting agenda was approved after moving Item 14c after the Consent Agenda and deleting the
First Night Leesburg Verbal Follow -up by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and .Mayor Umstattd
Nay: None
Vote: 7 -0
7. PRESENTATIONS
a. Technology and Communication Commission — Automated Survey
Results.
JB Anderson, Chair, and Kevin Sheldon presented the results of the
Technology and Communication Commission's automated survey on the
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COUNCIL MEETING November 13, 2012
technology needs of town residents. They concluded some changes need to be
made to the website to make information easier to access. Further, they noted
that residents would like to see additional services available through the website,
such as bill payment and water use monitoring.
8. PETITIONERS
The Petitioner's Section was opened at 8:13 p.m.
Jim Sisley congratulated the newly re- elected Council Members on their re-
winning their Council seats. He stated he was speaking as the manager of the properties
owned by George C. Marshall Foundation including the Mom's Apple Pie location. He
stated the two curb returns should be removed. He stated at the time the easement
documents were considered, the George C. Marshall Foundation raised concerns about
possible restriction of traffic flow in the parking lot.
Avis Renshaw, 220 Loudoun Street, SE, stated she is the owner of Mom's Apple
Pie, Co. She stated she located at this site because of the parking. She noted that larger
SUVs have a difficult time maneuvering in and out of the parking lot and the curbs make
it even more difficult. She stated the size of the structure is much larger than it appeared
on the drawings. She stated her feeling that it is dangerous to encourage people to walk
to the triangle.
The Petitioner's Section was closed at 8:24 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the following
items were moved for approval as the Consent Agenda:
a. Airport Hanger D Repair Contract Award and Supplemental Appropriation from
Settlement Funds
RESOLUTION 2012 -122
Awarding the Construction Contract for the Airport Hangar D Repair and A
Supplemental Appropriation from Settlement Proceeds
b. Amending the FY 2013 General Fund Budget and Making a Supplemental
Appropriation for Repair to Town Vehicles
RESOLUTION 2012 -123
Amending the FY 2013 General Fund Budget and Making a Supplemental
Appropriation in the Amount of $21,251 Resulting from the Receipt of Insurance
Payments from VML for Repair to Town Vehicles
C. Renewal ofthe Lease and Operation Agreement
RESOLUTION 2012 -124
Lease Renewal for the Leesburg Hangar Condominium Association, Inc.
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COUNCIL MEETING November 13, 2012
The Consent Agenda was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
0. PUBLIC HEARINGS
a. Authorizing Acquisition of Easements for Edwards Ferry Road Right
Turn Lane Improvements Project
The public hearing was opened at 9:42 p.m.
Keith Wilson presented a brief summary on the subject of the public
hearing:
• Fully funded capital project for street improvements to construct dual right
turn lanes for vehicles turning from east bound Edwards Ferry Road to
southbound Rt. 15
• Project will help mitigate traffic congestion at the intersection of Edwards
Ferry Road and the Rt. 15 bypass
• Land rights were needed from four landowners for the project
• Necessary land rights have been acquired from three of the four
landowners via voluntary conveyance
• Request for authorization for use of condemnation for land rights needed
across the remaining unimproved lot
No members of the public wished to address Council regarding this public
hearing.
The public hearing was closed at 9:45 p.m.
On a motion by Vice Mayor Wright, seconded by Council Member Butler, the
following was proposed:
RESOLUTION 2012 -125
Declaring that a Public Necessity and Use Exists, Authorizing an Offer to Acquire
Fee Simple Right of Way and Easements from PIN 188 -39- 8114 -000 for the
Edwards Ferry Road at Route 15 Bypass Right Turn Lane Improvement Project
and Authorizing Condemnation if the Offer is not Accepted
Council Comments:
• The same right of way will probably be needed for future improvements to
the intersection
• Project is not necessary and has jumped ahead of improvement of the
intersection
• How does the eminent domain issue affect this issue?
Staff answer: Because of the constitutional amendment, as of January 1,
the town will be prohibited from acquiring anything more than necessary
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COUNCIL MEETING November 13, 2012
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6 -1
b. Crescent Design District Code Amendments
The public hearings were opened at 9:48 p.m.
Susan Berry Hill presented the necessary Code amendments to effect the
Crescent Design District:
• Zoning ordinance text will need to be amended to accommodate the
Crescent Design District
• Zoning Map will need to be amended to rezone 215 parcels from B -1, B -2,
B -3, RH -D, R -6, R -8, and PRN to the new Crescent Design District
• Crescent Design District is a way to implement form based zoning over
time but does not over - commit the town fiscally
• Implements key provisions of form based zoning, particularly with
building design, architecture, and materials and site design
• Enhances development potential for property owners
• Improves site design standards
• Supplies a more detailed road map for development
• Is not completely by -right
• -Threshold was debated — 10% provision remains the same
• By right provision is three stories in height
• Additional stories available through rezoning
• Locations for public streets shown in a general sense Town Plan offers
guidance for where street connections should be made
• Design elements have been enhanced from the Crescent Form Based
District provisions
• Requirements have been made more specific to give applicants the ability
to determine what is required
• Deletion of references to signs — Article 15 of the Zoning Ordinance
applies
• Added a modification of the building frontage requirement that the
Zoning Administrator can review to add flexibility for applicants
• Added a requirement for a traffic impact analysis
• Deleted some parking provisions that were overly generous including the
payment in lieu option
• Geographic area expands to the south to include some greenfield area
• Retail tenant space limited to 50,000 gross square feet per single building
• Clarification of grandfathering for applications accepted prior to January
• DCSM amendments address design of stormwater inlets and sidewalk
standards
• SLDR changes address some administrative requirements for extensions
and pro rata share contributions for utilities
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COUNCIL MEETING November 13, 2012
• Town Plan amendments increase language with regard to road
connections
• Further discussion to be held at the November 26 work session
• Projected action on December 11
Council Member Comments/ Questions:
• Are 2/2 dwellings classified as townhouses or apartments?
Staff answer: Townhouses
• Is there any aspect that deals with green infrastructure /stormwater
requirements?
Staff answer: Any proposal would have to comply with DCSM
requirements, even as they evolve and change due to state and federal
regulations
Rodion Iwanczuk, 361 Bridle Crest Square, stated he is speaking as a
town resident and not as a county employee. He stated he is in favor of the
proposed changes for the Crescent Design District and these changes are
improvements over the Crescent Form Based District. He stated that staff has
been very responsive to concerns.
Bob Patel, 80 Prosperity Avenue, SE, stated his property is the last in the
corridor. He questioned whether he can be excluded since his property is not
visible from any main thoroughfares. Further, he noted he may not be able to get
his application in before the January 1 deadline.
Council requested that staff address these issues with Mr. Patel.
Milt Herd (read by Dieter Meyer). 303 Riding Trail Court, "Thanks again to
you and your staff for sticking with this project. Second, I continue to urge you
to approve the revised version of the code except for a couple of
recommendations for important improvements in order for the code to be
successful in helping Leesburg to compete for economic development against
Loudoun County and other jurisdictions in the region. By right uses: In order to
promote economic development, land uses in the form based code need to be by
right residential uses as well as commercial. One of the biggest barriers to
development is the cost and uncertainty of having to go through a legislative
approval process like rezoning or special exception. They worry about the fiscal
impacts of residential developments in this district because of the type of
residential that will occur here will not generate many school children and this is
a very small area relative to the whole town and the whole county. Building
heights: it is critical from the standpoint of market demand and urban design
that buildings up to five stories be allowed on major streets within the district.
Maximum building heights should also be allowed by right for the same reasons I
cited for the land uses. Thank you again, for your hard work on behalf of the
town".
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COUNCIL MEETING November 13, 2012
Dieter Meyer stated he concurred with Mr. Herd's statement. He agreed
that the type of residential in this district will be geared towards young adults and
retirees because of the more urban setting. He stated making this type of
development by right helps make development here competitive against the new
neo- traditional communities in greenfield developments like One Loudoun,
Kincora, etc.
Jennifer Boyd, 601 South King Street, stated she is very concerned about
the height of buildings along King Street. She stated the area is already very
congested and taller buildings would make it more congested.
The public hearing was closed at 10:31 p.m.
Council Comments/ Questions:
• Would like to have more discussion about by right uses /heights
• Concern over heights next to existing residential uses
• Would like input on buffer zones/ transitional areas
• Discussion of utility capacity
11. RESOLUTIONS AND MOTIONS
a. Route 15 (South Kiniz Street) Widening. Phase II — Easement Acauisition
Authorization
On a motion by Vice Mayor Wright, seconded by Council Member Martinez, the
following was proposed:
RESOLUTION2012 -121
Declaring that a Public Necessity and Use Exists and Authorizing an Offer to
Acquire Permanent and Temporary Easements for the Route 15 (South King
Street) Widening Phase II Project
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6 -1
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. Additions to Future Council Meetings
There were no Council additions.
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COUNCIL MEETING November 13, 2012
b. Amendment of East End Triangle Approved Downtown Improvements
Phase I
On a motion by Council Member Burk, seconded by Council Member Martinez,
the following was proposed:
MOTION 2012 - 027(2)
I move to direct staff to alter Project D of the Phase I Downtown Improvement
Projects, as approved by Town Council on September 14, 2010 in order to
eliminate the concrete curbing extending from the triangle area along the Market
Street frontage
Council Comments/ Questions:
• Why does one leg have to remain for ADA compliance?
Staff answer: Interpretation of staff engineering is that if there is a
memorial /monument, you have to provide ADA access. Given pitch of
the road, the only way to accommodate an acceptable slope is to add the
curb leg.
• Accommodating this business shows the town to be business friendly
• Remove legs temporarily, if possible.
• During busy periods, customers normally have to walk to the store
• Viewed as an improvement to the lot; gives three additional parking
spaces
• Could legs be shortened and still meet ADA requirements?
Staff answer: Market Street, yes; Loudoun Street, no.
• Can memorial plaque be moved?
Mayor answer: Placement of memorial plaque was negotiated by the
Council and organizers of the King March.
• It is important that the triangle be ready for placement of the King Plaque
prior to the march in February
• Removal of one leg will help Avis' parking situation
The motion was approved by the following vote:
Aye: Burk, Dunn, Martinez, and Mayor Umstattd
Nay: Butler and Wright
Vote: 4- 2- 1(Hammler abstaining)
Council Member Butler, seconded by Council Member Hammler, proposed to
remove both legs temporarily, move the memorial temporarily, and conduct another design
session to come up with a better design.
Council Comments/ Questions:
Removal of one leg has not been studied for safety or traffic movement
Will the project be completed prior to the Martin Luther King day march?
Staff answer: Substantial completion of structural elements will be done
in January. Plantings will be determined based on the weather.
In two weeks, could staff come back with other options for consideration?
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COUNCIL MEETING November 13, 2012
Staff answer: Cannot say with certainty that other options will be
possible.
Is this a good long term design for this site? This motion will give staff
time to examine this issue
• Taking away one leg is a reaction by Council without thought
The motion failed by the following vote:
Aye: Butler, Hammler and Wright
Nay: Burk, Dunn, Martinez, and Mayor Umstattd
Vote: 3 -4
It was confirmed that the motion could be rescinded through request of a
member of the prevailing side.
15. COUNCIL COMMENTS
Vice Mayor Wright thanked all Veterans and thanked staff for their work
preparing for and responding to superstorm Sandy. He expressed his gratitude that the
impact to the town was not great. He extended his congratulations to the winners of the
election and noted that he was pleased to see that participation did not drop off as much
as he had feared for the town elections. He expressed a need for community education
about town issues. He stated he did not feel that partisanship affected the outcome of
the election. He asked the town manager to look at signal timing around the outlet mall.
He stated he is looking forward to the tree lighting and holiday parade.
Council Member Burk stated she had the opportunity to participate in the
Aviation expo that ProJet put on. She stated they invited high school students to the
airport to hear wonderful speakers and visit vendors. She congratulated the winners of
the election. She stated Aviation Adventures celebrated their winning of a national
award and it is wonderful to see a successful business at the airport. Further, she stated
that businesses like Aviation Adventures have ensured the growth and prosperity of the
airport. She stated she participated in the Veteran's Day event at Dodona Manor, but
expressed disappointment that the history awards were at the same time.
Council Member Martinez congratulated the winners of the election and
expressed his gratitude that he was wrong about the level of partisanship that would be
experienced by moving the election to November.
Council Member Hammler stated she attended the Loudoun History Awards.
She thanked all the Balch Commissioners for their work putting on the wonderful award
program. She noted that Kenneth Fleming received an award for his many
contributions to research and preservation; James Hanna received an award for his
many contributions to advocacy of preservation and photographic documentation and
promotion of Loudoun County history; Louis Jett for his contributions to research and
preservation of the memory of African - Americans in Loudoun County history and
James Lucier, Sr. for his many contributions to the preservation of historical research
and writing. She stated she made a few opening comments at the event in honor of how
important the contributions of Veterans have been throughout history. She noted she
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COUNCIL MEETING November 13, 2012
was able to attend her daughter's last softball game of the season where she hit a home
run. She congratulated the winners of the election and commended all the candidates
for their efforts. She stated she is humbled by the trust the citizens have placed in her to
represent them. She thanked the local reporters for their work covering the candidates
and the election. She wished everyone a happy Thanksgiving.
Council Member Butler agreed that the local papers did a wonderful job of
covering the local elections as one of his fears was that the local election would get lost
in comparison with the presidential election. He also congratulated the winners of the
election. He speculated that the Mayor may have received more votes in Leesburg than
anyone in any Leesburg election. He requested a report from staff on provision of
utilities to Crosstrail. He wished everyone a happy Thanksgiving.
16. MAYOR'S COMMENTS
Mayor Umstattd congratulated everyone on their election wins. She thanked
Linda Shotton for being a gracious opponent. She stated how wonderful ProJet and
Aviation Adventures have been at promoting the airport. She stated she appreciates
everything the veterans have done to keep the community safe. She wished everyone a
very happy and relaxing Thanksgiving.
17. MANAGER'S COMMENTS
Mr. Wells congratulated all the winning candidates. He stated the swearing in
ceremony has been scheduled for January 3 at Ida Lee Recreation Center with a 6 p.m.
start time. He noted that the green areas on Loudoun Street are being outfitted with
pavers. He stated the town has sufficient benches in stock and coordination with the
Tree Commission to select the plantings will be forthcoming.
18. CLOSED SESSION
a. None.
19. ADJOURNMENT
On a motion by Vice Mayor Wright, seconded by Council Member Butler, the meeting was
adjourned at 9:56 p.m.
T w�
Clerk cil
2012 tcmin1113
-Kr' C. lUmstattd, Mayor
Town of Leesburg
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