HomeMy Public PortalAbout2012_tcmin1211COUNCIL MEETING December 11, 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: Council Member Martinez arrived at 7:36 p.m., Council
Member Burk arrived at 7:40 p.m.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town
Manager Kaj Dentler, Director of Planning and Zoning Susan Berry Hill, Assistant
Town Manager Scott Parker, Director of Capital Projects Renee Lafollette, Senior
Planner Irish Grandfield, Land Acquisition Manager Keith Wilson and Clerk of Council
Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Mayor Kristen Umstattd
3. SALUTE TO THE FLAG: Vice Mayor Kevin Wright
4. ROLL CALL: Showing Council Member Marty Martinez arriving at 7:36 p.m.,
Council Member Kelly Burk arriving at 7:40 p.m.
61 31.1elljl*l
a. Special Session Minutes of November 15, 2012
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the
minutes of the Special Session meeting of November 15, 2012 were approved by a vote of 5-
0-2 (Burk /Dunn absent).
b. Work Session Minutes of November 26, 2012
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the
minutes of the work session meeting of November 26, 2012 were approved by a vote of 5 -0 -2
(Burk /Dunn absent)
C. Regular Session Minutes of November 27, 2012
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the
minutes of the Regular Session meeting of November 27, 2012 were approved by a vote of 5-
0-2 (Burk /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 by the following vote:
Aye: Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 5 -0 -2 (Burk /Dunn absent)
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COUNCIL MEETING December 11, 2012
7. PRESENTATIONS
a. None.
8. PETITIONERS
a. The General Petitioner's Section was opened at 7:33 p.m.
b. The Courts Expansion Petitioner's Section was opened at 7:42 p.m.
(Verbatim transcription follows)
Chad Campbell: Thank you, Madam Mayor. Sorry for the mix up.
Thank you, Council, for the chance to speak tonight. Of course, my name is
Chad Campbell. I am an aide to the Leesburg District Supervisor, Ken Reid, and
because of our Board of Supervisors Meeting tonight... our public hearing ... he
asked me to come read a statement on his behalf, so I will begin with that. I am
grateful to the Council for its consideration of the letter addressed to the Board
regarding the proposed expansion of the Court's Complex. I am pleased to
outline the process for approval and request providing examples of how the town
processes would not be a hindrance but a positive to the county. As you know,
the Finance Committee has changed its meeting schedule so the Courts
Expansion issue will come to us on January 8, not January 14"' as previously
scheduled. It is my hope that the Finance Committee will recommend at that
time to go ahead and proceed with the engineering and design for the phase III
expansion site on the old jail site, also known as the Church Street site and move
the matter to the full Board of Supervisors for action on January 16t'
Additionally, I am pleased that the Petersen Company withdrew their proposal to
provide land to build an entirely new Courts Complex on their Crosstrail
Development. I had asked them to withdraw it and they did so. However, just
as I had warned the other Finance Committee members, the Board has been
inundated with additional offers for land for the Courts complex from all around
the county. None of these are being considered by the Finance Committee and it
is my expectation that will continue. I will be continue to push for support for
the courts to remain in their proper location in downtown Leesburg. I want to
thank the Council for their support on this as well as their willingness to partner
to make this expansion work. I hope that we will move forward with this in
January without any further delay.
Dieter Meyer: First of all, just for full disclosure, about a year ago when
the design teams were originally being put together to go after the RFP that has
since been delayed, I was a member of one of the groups that had responded to
the RFP at that time, but I am here completely outside of that role that I had at
that time. I am here as a resident of the immediate neighborhood that is affected
by this ... living at 214 Andover right off of Harrison Street is actually in an area
that is most like directly impacted by anything that happens with the courts. In
looking at some of the preliminary planning, possibly new access to the
Pennington lot and increased traffic... those kinds of things. In spite of that, I
think that the loss of the courts downtown would far outweigh any slight negative
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COUNCIL MEETING December 11, 2012
impact that it might have on myself personally as a resident in that area and I am
really happy to hear that the town is trying to keep the courts in the downtown
where they should be and I do urge you to send the strongest signal possible to
the county that the town will work diligently with the county to come to a
mutually agreeable solution to keep the courts downtown. Thank you.
Bob O'Connor: I'm Bob O'Connor. I live at 108 Church Street, NE, so
pretty close to the courthouse. I concur with this gentleman as far as keeping the
courts in town. I think it is a benefit to having them in town. I think we have put
the infrastructure in place with the parking lots... Pennington and I forget the
other parking lot that is behind... so my concern is what I have read about as far
as the expansion and what it might do as far as impacting closing part of Church
Street. That would be a big concern of ours, not being able to get to our house or
possibly worst case ... I guess there were a couple of things that talked about night
court and some other options they were looking at. That was one of my favorite
shows growing up. But, also I think if you haven't walked down Church Street to
North Street recently, I encourage all of you to do so. We are doing a lot of
improvements in Leesburg right now. Bricking the sidewalks and putting
sidewalks on actually both sides of the street would be a benefit aesthetically and
from a safety standpoint as well. We just kind of watch the pedestrian traffic. If
there is anything going on on the sidewalk... anybody working on the
sidewalks... people are constantly walking in the street there. Cars tend to cut
through there from Market Street to get to Route 15. You might want to look at
that if you haven't done so. But again, I am in favor of the courts expansion. I
would just like to keep the impact minimal for the people who live on Church
Street. Thank you for your time.
Jeanne Rogers: My name is Jean Rogers and I live at 110 Church Street,
NE in Leesburg. I have lived there for 20 years. I have emailed the Town
Council and I have emailed members of the Board of Supervisors. I really am
opposed to moving the Courts out of Leesburg for any number of reasons. I am
sure of all you know and maybe more than I don't know. I cannot understand
the reasoning of the Board of Supervisors. The way I understand it, they are
afraid ... I suppose it's a security problem with the prisoners. Well, there are all
sorts of ways to get around that right here in Leesburg. In Hong Kong, they do it
by building two skyscrapers that have the same interests and they build skywalks
between the two skyscrapers about 60 feet off the ground ... you know 60 stories.
It's beautiful. In London they do it that way, but another way. I have had many
occasion to go underground to get to places. They build their underground
stations way underground. Some of them down there 400 -500 feet, if necessary.
But you know that could be done in Leesburg so easily and your prisoners could
be kept safe and secure underground and you could also do that for pedestrians.
You could have a double walkway and elevators at both sides. It would be kind
of fun. But a skyway would be very pretty just for the pedestrians, of course. It is
also to hold a tradition ... to keep a tradition and that's this is the county seat and
it belongs here. As far as Church Street, I can only imagine and it is a
very... Church Street is a very ... if you have been down it, or if you have lived on
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COUNCIL MEETING
December 11, 2012
it as I have after all these years you have seen a lot of changes go on that street. It
used to be a quiet little backwater place, but when the courts expanded and the
Semones and Pennington Parking lots were opened to the public, that's the way
they get to those parking lots. That's the way the rescue squad gets to my house.
That's the way people walk. That's the way cars go when they close the
downtown areas for the almost iconic garden fair. What are those merchants
going to do? What are those people going to do? What is going to happen to our
traffic problem if the Board of Supervisors insists upon this when I think that you
could even do it the old fashioned traditional way ... you can continue to do what
you are doing. Have any prisoners escaped lately? They come in vans. They
come by my house ... they used to ... well never mind. They come by my house.
They go down underground into the courthouse. They could do that with the
new complex and just drive a half a mile. As far as the pedestrians are
concerned, you know, what do they want to close? About 300 feet of Church
Street. About 300 feet? They don't even want to close the whole first block, do
they? But you could still close the first floor. You don't need to close it. You
could put a safety crosswalk there for pedestrians and get them to use it. That's
the old fashioned way. It won't cost any money. I just think my time is up. It is
just unfathomable to me why they want to do that. There must be something else
and I don't know what it is. I am not privy to that but it seems to be ridiculous.
Thank you for listening.
Peter Burnett: Madam Mayor, Members of Council. Thank you for
having me. My name is Peter Burnett. My office is at 105 Loudoun Street, SE. I
have with me ... I am appearing both personally and as chair of the Loudoun
County Bar Association Courthouse Planning Committee, of which I was
appointed by Randy Minchew in 1996. He claims I was appointed for life. So
far, he is right. We were tasked with evaluating the BAR's response to the notion
of moving all or part of the courts out of downtown Leesburg and we conducted
a survey of the BAR membership, which is a little under 200 lawyers are
members of the Loudoun County BAR Association and we have summarized
those survey responses in this letter. I know, Madam Mayor, that you have seen
this letter and it is part of the County's record, but I thought it would be helpful to
have it as part of yours. If I might hand it up to Ms. Green ... Just three points
really. The first one is economics. It is clear from Loudoun County staff
analysis, and the analysis of others that moving the courts in their entirety or
dividing the courts would be an extraordinary greater expense to the County
taxpayers which of course includes the Town of Leesburg taxpayers as well. Just
for the cost along, the move of the courts in their entirety would be well in excess
of $100 million. A way to get that in perspective, the cost of a new high school.
My thought is we have a facility that really hasn't been used more than about a
dozen years right there. If the holding facility, which Ms. Rogers referred to is
adequate in size and was designed to handle the expansion across the way... at
the jail lot. My architect friends tell me that the cost of part of a facility like that
is about $600 a foot. My view is let's get our investment out of that before we
abandon that. We would have to be building probably two of them if we move
the courts in their entirety out of town. So, cost is a major component. The
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COUNCIL MEETING December 11, 2012
other comment I would make is the Loudoun County Court
facility... courthouse... is the longest continuously operated court in Virginia
north of the James River. Just about every other circuit court... all of the other
circuit courts north of the James have at one time or another moved. Courthouse
Road is at Tysons for a reason. Arlington has moved theirs, Winchester has
moved theirs, Harrisonburg... all over the state. We have the distinction, which is
pretty neat, to have had that site since the time of the formation of this country to
be operated from that same location. That's something that is almost of national
recognition, I think. My last comment is about decision making. It strikes me
that some of the thoughts of folks over at the county, having the town commit to
any number of paths or concessions, if you will. Call them what you like, but is
cart before the horse. We don't know ... and I am a great believer in my
architectural friends coming up with imaging solutions. We see them all around
us. Whether it's tunnels or bridges. Harrisonburg has got a jail and bridge
downtown from its courthouse that you wouldn't recognize as that. You would
look at it as an office building and it works just fine for them. Others... Virginia
Beach has a tunnel between the jail and their courthouse. They like the
consolidation of having them connected. I just think that we should let the
architects bring solutions and weigh what the concessions might need to be but
it's just shooting in the dark at this point trying to guess what they should do. I
would hope that the town will remain open- minded to various ways to keep the
courts here and various solutions but that we not be pushing ourselves into any
corners by making commitments that may be unnecessary when the courts are
actually designed.
(End verbatim)
The Petitioner's Section was closed at 7:57 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Council Member Butler, the
following items were moved for approval as the Consent Agenda:
a. 457 Plan Contract Award
RESOLUTION 2012 -127
Awarding the Employee Deferred Compensation Contract
b. Endorsement of Courthouse Follow -up to the Board ofSupervisors
MOTION 2012 -031
I move that the Town Council endorse the draft letters included in Tab 08
The Consent Agenda was approved by the following vote:
Aye: Burk, Butler, Dunn, Rammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
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COUNCIL MEETING December 11, 2012
I 11� ali 1.3 aNJ11,HF:11 ;iIZCOR
a. Special Exception TLSE 2012 -0008 Ladybug Child Care — A Child Care
Center located at 812 Linfield Terrace, NE
The public hearing was opened at 8:01 p.m.
Irish Grandfield gave a brief presentation on the request for a special
exception to operate a child care center out of the home located at 812 Linfield
Terrace, NE in the Potomac Crossing neighborhood
Key points:
• Zoning Ordinance allows child care centers by special exception in
Planned Residential Neigborhoods
• Currently operates under a home occupation permit for five children
• No new building or improvements
• Applicant holds a valid state license for 12 children
• There are five criteria for a child care center
• Minimum of 100 square feet of usable outdoor recreational area for
each child that may use the space at the time — can only credit 724
square feet of play area — condition of approval limits area to seven
children at a time
• Must have a continuous four foot high fence that completely encloses
the outdoor recreation area — site has a six foot fence that meets use
criteria
• No play equipment in the required yard setbacks — criteria applies to
permanently affixed play equipment — no permanently affixed play
equipment exists on site
• Recreation location needs to be safely separated from parking and
loading — play area is in the back yard
• Parking, entrance and departure zone — very little traffic at this end of
Linfield Terrace. Parents walk children from curb to front door.
Numerous parking spaces are available.
• Four general special exception approval criteria include no adverse impact
to neighboring properties, compliance with zoning and town plan, does
not hinder the development of nearby lands and traffic generation does
not create a problem
• Traffic generated is low. Site is on a private travelway. Traffic analysis
was waived by the Department of Public Works
• All nearby lands are developed
• Complies with zoning and Town Plan
• Staff has determined no adverse impact on neighboring properties
• Staff and Planning Commission recommend conditional approval subject
to the eight conditions listed in the staff report
The applicant, Viktoriya Zubkova, asked to be allowed to continue what
she loves doing.
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COUNCIL MEETING
December 11, 2012
Kyle Monarch: 214 Heaton Court, Purcellville, VA stated his son attends
day care at Ladybug Day Care and they have had a positive experience. He
stated he hopes to continue to be able to have his son attend this day care.
Edward Custis: 10362 Bear Creek Drive, Manassas, VA stated he has a
couple of concerns with children playing in the parking lot. He stated the
equipment and toys are left outside. Further he stated there is traffic in the
parking area in the morning and afternoons and noise in the back yard from the
children make it difficult to use the back deck. He stated there are too many kids
there now and adding more will make it worse.
Brandon Donahue: 109 Carnaby Way, Leesburg, VA stated his daughter
goes to Ms. Viktoriya's house. He stated his daughter loves being there and loves
the cooking.
Tomeka Dade, 109 Carnaby Way, Leesburg, VA stated her daughter,
Asia, has been at Ms. Viktoriya's house for over a year and has improved
dramatically with her learning, speaking, manners and eating. She stated the
food provided is fresh and has no preservatives. She stated the children love the
backyard and grow vegetables which they cook. She stated she hopes Council
approves this application.
Chris Pithan: 813 Blufield Square, Leesburg, VA stated he lives across the
street from Ladybug Day Care and his son attends the day care since October of
last year. He stated he is very happy to attend the day care facility. He asked
Council to approve the special exception. He stated the occasional traffic is
handled well and the outside of the facility only has occasional toys left outside
and it is probably mostly the neighborhood kids and not the day care kids. He
stated the elementary school nearby causes more noise than the day care.
Bethany Andino: 523 Richmond Square, NE, Leesburg, stated her day
care in Loudoun County was forced to go from 12 to 9 and she was expecting a
newborn. She stated her daughter and newborn are very happy there. Further,
she stated the toys are from neighborhood kids, not the day care because the
children do not play out front.
Louis Zunino: 810 Linfield Terrace, Leesburg, VA stated the children
making the noise are his or his neighbors. He stated the toys are also probably
from his kids. He stated the daycare is exceptional and very clean.
Shauna Zunino: 810 Linfield Terrace, Leesburg, VA stated that she loves
her neighbor. She stated all the children play in the backyard. She stated anyone
playing in the front yards are neighborhood children. She stated they bake their
own bread, grow their own vegetables and she will not get any more children as
the day care is at the maximum right now. She stated all the parents drive
carefully and she would tell Council if they didn't.
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COUNCIL MEETING December 11, 2012
The public hearing was closed at 8:21 p.m.
Council Member Comments /Questions:
• Currently how many children are there?
y Staff answer: She is currently permitted for five, but there are 12 children
there now. License from the state allows 12.
• Do more than seven children play outside currently?
Staff answer: That will be a new condition, but the applicant says it will
not be difficult to meet as there are typically not more than seven outside
at any given time.
• Why do we require a fence that is already there?
Staff answer: It is a use criteria of the zoning ordinance and it is clearer to
list it as a condition
• How many of these special exceptions have been granted?
Staff answer: Just one other — Davis Day Care. Website of the Virginia
Department of Social Services shows approximately 15 home based day
care operators in the town that are permitted for up to 12 children. Some
of those may not be serving at capacity. Staff is planning public outreach
to help them be in compliance and get the approvals that they need.
• Conditions allow up to two employees to support the home based
operation. How many employees are allowed in other home occupations?
Staff answer: Usually only one employee is allowed, but this is no longer
considered a home occupation, but a special exception use for a home
child care center. State standards dictate how many employees must be
provided depending on the number of children
• Where do employees park?
Staff answer: There is a parking court in the front and there is adequate
parking.
• Good day care is hard to find.
• This type of service adds to the quality of life in Leesburg
On a motion by Council Member Burk, seconded by Council Member Dunn, the
following was proposed:
RESOLUTION 2012 -129
Approving TLSE 2012 -0008 Ladybug Day Care, a Child Care Center Located on
Property Identified as PIN Number 198 -10 -9087 and Located at 817 Linfield
Terrace, NE
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
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COUNCIL MEETING December 11, 2012
b. Authorizing Acquisition of Easements for Lower Sycolin Sewage
Conveyance System
Keith Wilson gave a brief presentation regarding the public hearing for
easements for the Lower Sycolin Sewage Conveyance Project — Sycolin Branch
Key points:
• Outside the corporate boundary between the Dulles Greenway and the
W &OD trail
• Within the Urban Growth Area, Joint Land Management Area
• Sycolin Branch Sewer Project will be constructed as the need for service
arises.
• First phase is currently under construction
• Land rights required from seven landowners for 12 parcels of land for
phases II and III of the project
• Capital Projects has been unable to acquire the necessary land rights by
voluntary conveyance
• Request for authorization for condemnation for the remaining land rights
needed for construction of the project
Council Comments/ Questions:
• Why won't landowners agree?
Staff answer: Some landowners are requesting an alignment change
which is being worked out with designers
• Why is not this being done first?
Staff answer: Eminent Domain bill takes effect January 1, 2013 — the
town would like to acquire the parcels prior to that date
There were no members of the public wishing to address Council
regarding this public hearing.
On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the
following was proposed:
RESOLUTION2012 -130
Declaring that a Public Necessity and Use Exists, Authorizing an Offer to Acquire
Permanent and Temporary Easements from PIN 193 -46- 2814 -000, PIN 193 -46-
1044 -000, PIN 193 -46- 3445 -000, PIN 193 -46- 7168 -000, PIN 193 -27 -9018 -000,
PIN 193 -48- 5687 -000, PIN 151 -16- 0598 -000, PIN 152 -36- 1675 -000, PIN 151 -37-
7403 -000, PIN 151 -36- 2959 -000, PIN 151 -36 -5081 -000, AND PIN 151- 36 -6971-
000 for the Lower Sycolin Creek Sewage Conveyance System — Sycolin Branch
Sewer Project and Authorizing Condemnation
Council Comments:
• There is a public need and use present
• Area is within the town's service area
• Feel that concerns over the impending legislation is overblown
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COUNCIL MEETING December 11, 2012
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6 -1
C. Authorizing Acquisition of Easements for Construction of Church Street
Improvements, Phase I
Keith Wilson gave a brief presentation regarding the public hearing for
easements related to Church Street Improvements, Phase I.
Key points:
• Fully funded capital project for the construction of curb and gutter, brick
sidewalks along both sides of Church Street on the block between
Loudoun Street and Royal Street.
• Improvements will improve pedestrian access and complete that section of
Church Street
• Project is coordinated with the planned improvements of the Downtown
Improvement Project
• Land rights were needed for four parcels of land
• Two landowners have executed the town's deed of easement agreement
for conveyance of the land rights for the project
• An additional landowner has executed the town's deed of easement
agreement conditioned upon the town's acceptance and approval of the
proposed settlement
• Necessary land rights for the remaining property will still be needed
• Requesting Council to approve settlement for the third parcel
• Authorize condemnation for the remaining land rights needed for
construction of the project
There were no members of the public wishing to speak to Council
regarding this public hearing.
The public hearing was closed at 8:36 p.m.
On a motion by Vice Mayor Wright, seconded by Council Member Butler, the
following was proposed:
MOTION 2012 -032
I move to authorize the Town Attorney to accept the counter offer by the owner for
PIN 231 -38- 6319 -000 upon the terms set forth in the Statement of Justification
dated December 10, 2012.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
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COUNCIL MEETING December 11, 2012
On a motion by Council Member Butler, seconded by Vice Mayor Wright, the
following was proposed.•
RESOLUTION 2012 -131
Declaring that a Public Necessity and Use Exists, Authorizing an Offer to Acquire
Permanent and Temporary Easements from PIN 231- 38- 6627for the Church
Street Improvements — Phase I Project and to Authorize Condemnation
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez, Wright and Mayor Umstattd
Nay: Dunn
Vote: 6 -1
d. 2012 Zoning Ordinance Batch Amendments
The public hearing was called to order at 8:40 p.m.
Chris Murphy gave a brief presentation for the 2012 Zoning Ordinance
Batch Amendments.
Key points:
Changes to meet the recently adopted state law revisions (4)
• Require proof of payment of real estate taxes
• Public hearing notice requirements — state code requires that all
property owners of an original rezoning be notified within ten days
that an application changing that rezoning has been submitted
• Civil violations — codifies present practice
• Definition of cemetery — state code change is much more detailed
Addresses ease of use and interpretation issues (4)
• Substantial application changes — sets threshold to establish when an
accepted application must be resubmitted due to substantial changes.
Used Loudoun County's formula (5 %) to decide.
• Certificates of Occupancy — will only accept landscape bonds during
months when planting is not recommended (December - February,
June - August) prior to issuing occupancy permit
• Real estate signs are currently defined as temporary signs — Remove
reference to temporary from the definition of real estate signs so that
they can be left up longer than two weeks
• Outdoor sales area — establishes outdoor sales areas as auxiliary to a
retail use and establishes limits for that use regarding outdoor displays
of seasonal merchandise. Does not include special exception for
outdoor sales
Responsive to changing needs of the community or Town Council
objectives (2)
• Establishes a microbrewery use — allowed by -right in the I -1 zoning
district with use limitations. Also redefines brewpub.
• Murals — Town Council directed; will define and regulate
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COUNCIL MEETING December 11, 2012
• Planning Commission recommended approval with comments that have
been integrated
Council Questions/ Comments:
• Why do we care if a business wants to take up their parking spaces to put
plants outside?
Staff answer: Under the ordinance, a certain amount of parking is
supposed to be available. Using parking to display merchandise
eliminates some of the required parking. An outdoor storage special
exception gives the town some control over what it will look like
• If a store sells the same merchandise inside as outside such as pumpkins,
do they need a special exception?
Staff answer: Definition for outdoor sales expressly excludes the wayside
stands, Christmas tree sales, outdoor retail sales events, which qualify as
temporary uses.
• Is the outdoor display of mowers under the overhang at Home Depot
considered as outdoor sales?
Staff answer: This was included as part of their special exception
application
• Does this apply to restaurants with outdoor seating?
Staff answer: No.
• Mural policy takes the Board of Architectural Review out of the process
• Input from the BAR is sought as part of the Commission on Public Art
process for mural review and approval
• Was any outreach to stakeholders performed?
Staff answer: No, but threshold of 5% was taken from Loudoun County
regulations.
• Changes to applications have cost implications to the town
Dieter Meyer: commented that the 5% threshold strikes him as being a
pretty low threshold. He stated often the site plan is in progress while design
issues are still being worked out on the architecturals. He stated he is concerned
that the 5% threshold may be problematic. He questioned whether there had
been any outreach to interested parties regarding these changes.
The public hearing was closed at 9:14 p.m.
On a motion by Council Member Burk, seconded by Council Member Butler, the
following was proposed:
ORDINANCE 2012 -0 -020
Amending Article 3 Review and Approval Procedures, Article 6 Nonresidential
Zoning Districts, Article 7 Overlay and Special Purpose Districts, Article 9 Use
Regulations, Article 12 Tree Preservation, Landscaping, Screening, Open Space
and Outdoor Lighting, Article 15 Signs, Article 17 Enforcement and Penalties, and
Article 18 Definitions
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COUNCIL MEETING December 11, 2012
Council Member Dunn offered a friendly amendment to change the threshold for
changes to applications to 10 %. The motion was not accepted as friendly. It was
offered as an amendment, but failed for lack of a second.
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
11. RESOLUTIONS AND MOTIONS
a. Authorization for Construction Change Order — Lower Sycolin Sewage
Conveyance System, Phase 1 Project
On a motion by Vice Mayor Wright, seconded by Council Member Butler, the
following was proposed:
RESOLUTION 2012 -128
Lower Sycolin Creek Sewage Conveyance System Project Change Order No. 3 for
Construction Services
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
b. Making a Supplemental Appropriation for Donations for Park Amenities
on Loudoun Street, SW
On a motion by Council Member Martinez, seconded by Council Member Burk,
the following was proposed:
MOTION 2012 -034
I move that the Town Council authorize expenditures of donatedfunds (not to
exceed $5, 000) on park amenities on the Loudoun Street parcels
Council Member Comments /Questions:
• Willingness to donate money shows the community is interested and
excited by this project
• Recommend that additional money be used to spread out the amenities
further back from the sidewalk
• Shows the Council is not open to the significant investment in the
downtown that these parcels could have become
The motion was approved by the following vote:
Aye: Burk, Butler, Martinez and Mayor Umstattd
Nay: Dunn, Hammler and Wright
Vote: 4 -3
C. Crescent Design District Code Amendments
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COUNCIL MEETING December 11, 2012
On a motion by Council Member Butler, seconded by Council Member Martinez,
the following was proposed:
RESOLUTION2012 -132
To Direct Final Revisions to the Crescent Design District
Council Comments/ Questions:
• Has Milt Herd's suggestion been taken into consideration?
Council response: Would like to consider the suggestion further
• This is not form based code
• Close to creating incentives to expand the best aspects of the downtown to
the Crescent District
• The addition of five story buildings by -right is not an extension of the
character of the downtown
Council Member Hammler offered a friendly amendment to change the word "to "
in Section I to "may". The amendment was not accepted as friendly.
Council Member Hammler offered a friendly amendment to remove the words
"with stepback "from Section 1, number 1. The amendment was accepted as friendly.
The motion was approved by the following vote:
Aye: Burk, Butler, Hammler, Martinez and Wright
Nay: Dunn and Mayor Umstattd
Vote: 5 -2
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. None.
14. NEW BUSINESS
a. Building Inspections Memorandum of Understanding
On a motion by Council Member Dunn, seconded by Council Member Martinez,
the following was proposed.•
MOTION 2012 -033
I move to send a letter on behalf of the Council, signed by the Mayor, requesting
that the Board of Supervisors approve the draft Memorandum of Understanding to
allow the County to enforce the Uniform Building Code within the limits of the
Town of Leesburg
Council Comments/ Questions:
Hopefully Board of Supervisors can direct their staff to coordinate efforts
and move forward on this
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COUNCIL MEETING December 11, 2012
The motion was approved by the following vote:
Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd
Nay: None
Vote: 7 -0
15. COUNCIL COMNMNTS
Council Member Dunn: Wished everyone a happy Christmas. He disclosed a
phone conversation with Morven Park representatives.
Vice Mayor Wright: Stated he looks forward to the Swearing In Ceremony. He
stated he enjoyed the tree lighting and the parade. He wished the Tally Ho Theatre well
as they embark on a new chapter and also wished everyone a Merry Christmas and
Happy New Year.
Council Member Burk: Apologized for being late. She stated she was attending a
meeting regarding the Shenandoah Teacher of the Year and reminded the public that
nominations are still being accepted. She stated she attended a fundraiser for Dodona
Manor. She congratulated Parks and Recreation for the excellent Arts and Crafts show
at Ida Lee. She stated she attended the Lights of Love program hosted by the Ladies
Auxiliary of the Hospital to remember those who have passed away. She stated she met
with a group that is organizing to raise money for the Loudoun Street mural and is very
excited about it. She stated she attended the farewell for Catherine Parley of Oatlands.
She stated the tree lighting was very exciting and brought out a large crowd. She stated
she met with Morven Park representatives regarding their Master Plan. She thanked the
Council Members for their support of a job fair for the youth of the community. She
stated they had 500 -600 youths attending last year and noted that ProJet has already
volunteered the use of their facility. She noted it is her wedding anniversary today and
gave her regards to her husband of 36 years. She wished everyone a Merry Christmas.
She noted that Nightline featured Mom's Apple Pie last night.
Council Member Martinez: Disclosed a meeting with the Board of Morven Park
to discuss their future plans. He apologized for not being able to attend the parade. He
stated the event he attended on Friday night gave him food poisoning. He wished
everyone Merry Christmas.
Council Member Hammler: Disclosed a meeting with representatives from
Cooley Goddard and Stanley Martin Homes regarding Leegate. She also disclosed a
meeting with Hobie Mitchell and his team regarding the former Barber and Ross
property. She stated she met with Morven Park representatives to hear about their
Master Plan. She congratulated Sharon Virts Moser who is one of the women business
leaders in Leesburg who sits on the Economic Development Commission for Loudoun
County. She noted that her company, FCI Federal, has been named a top company in
Virginia by Inc. Magazine with a HIRE Award honoring top job creators in the country
after adding 767 jobs in the last three years. She thanked the Police Department for their
wonderful investigative work in the arrest of those convicted for the car break ins case in
Woodlea /Greenway communities. She thanked Mr. Banzhaf for his efforts that
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COUNCIL MEETING December 11, 2012
resulted in Mr. Petersen retracting his letter offering Crosstrail for the Courts Expansion.
She congratulated her son, John, for being nominated to be a page in the Virginia
Senate. She stated she gets feedback from people who wish the parade was still at night.
Further, she noted everyone loves Santa on the fire engine. She wished everyone happy
Holidays.
Council Member Butler: Disclosed meeting with Cooley and Lowes
representatives and Morven Park representatives about their potential BLA. He stated
he got lost because he was handing out candy canes. He stated the tree lighting was
great and had the opportunity to tour the Tally Ho. He stated the newly renovated space
may be appropriate for Loudoun Lyric Opera performances. He congratulated the
Mason Enterprise Center on their first anniversary. He wished everyone a Merry
Christmas and Happy New Year.
16. MAYOR'S COMMENTS
Mayor Umstattd also disclosed a meeting with representatives of Morven Park.
She thanked AJ Levy and his mother, Lisa Levy, for a wonderful job lighting the
Menorah during the Christmas Tree and Menorah Lighting ceremony. She thanked
Lola's for partnering with Interfaith Relief on their canned food drive. She stated she
felt that the Parade was the largest one ever. She thanked Renee Lafollette for figuring
out that the wall at the East End Triangle was eight inches too high, which has since
been corrected. She thanked those who donated to Toys for Tots and Sweats for Vets
collections in the lobby of Town Hall. She wished everyone Merry Christmas.
17. MANAGER'S COMMENTS
Mr. Wells noted that the Council meeting action calendar has been updated with
comments from last evening's work session. He asked the newly re- elected to identify
those Boards and Commissions nominees that will not be re- appointed as soon as
possible. He stated each Council Member has been provided with a summary of
employee benefits and which benefits are available to Council members. He reminded
Council that disclosure forms are due from the re- elected members prior to taking office
and everyone should have theirs in by January 15. He reminded everyone of the
employee luncheon on Wednesday and wished everyone a Merry Christmas and Happy
New Year.
18. CLOSED SESSION
a. None.
19. ADJOURNMENT
On a motion by Council Member Martinez, seconded by Vice Mayor Wright, the meeting
was adjourned at 9.-57p. m.
Kristen C. Umsta -0, Mayor
Town of Leesburg
ATTEST:
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COUNCIL MEETING
December 11. 2012
2012 tcmin1211
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