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HomeMy Public PortalAbout2013_tcmin0924 COUNCIL MEETING September 24, 2013 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: Kelly Burk, David Butler, Thomas Dunn, Marty Martinez, Katie Sheldon Hammler, Kevin Wright and Mayor Umstattd. Council Members Absent: All present. Staff Present: Deputy Town Manager Kaj Dentler, Deputy Town Attorney Barbara Notar, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher, Assistant to the Town Manager Scott Parker, Environmental Planner James "Irish" Grandfield, and Clerk of Council Lee Ann Green AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION: Vice Mayor Butler 3. SALUTE TO THE FLAG: Council Member Martinez 4. ROLL CALL: All members present 5. MINUTES a. Regular Session Minutes of August 13, 2013 On a motion by Vice Mayor Butler, seconded by Council Member Burk, the minutes of the regular session meeting of August 13, 2013 were approved by a vote of 7-0. b. Work Session Minutes of September 9, 2013 On a motion by Vice Mayor Butler, seconded by Council Member Burk, the minutes of the work session meeting of September 9, 2013 were approved by a vote of 7-0. c. Regular Session Minutes of September 10, 2013 On a motion by Vice Mayor Butler, seconded by Council Member Wright, the minutes of the regular session of September 10, 2013 were approved by a vote of 7-0. 6. ADOPTING THE MEETING AGENDA On the motion of Council Member Wright, seconded by Vice Mayor Butler, the meeting agenda was approved after moving Item 9Ffrom the Consent Agenda to Resolutions and Motions by the following vote: Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 7. PRESENTATIONS a. Proclamation—NAACP Banquet On a motion by Vice Mayor Butler, seconded by Council Member Hammier, the following was proclaimed:: 1 I Page COUNCIL MEETING September 24, 2013 PROCLAMATION The Loudoun County Branch of the National Association for the Advancement of Colored People's Annual Banquet September 28, 2013 WHEREAS, On February 12, 1909 the National Association for the Advancement of Colored People was founded by a multiracial group of activists; and WHEREAS, for more than nine decades the NAACP has been the largest and most recognized volunteer organization nationwide dedicated to winning the struggle to obtain racial justice for all Americans; and WHEREAS, the NAACP stands faithfully with courage and determination to show a willingness to do what is right, to seek justice, and a commitment to end the unjust system that dehumanizes the beauty and sacredness of human equality; and WHEREAS, this year marks the 73rd anniversary of the Loudoun County Branch of the NAACP; and WHEREAS, the Loudoun County Branch of the NAACP provides local programs to nurture and foster the growth of young people through mentoring, tutoring and its recent recognition of seven high school students who demonstrated excellence in academics; and WHEREAS, the Loudoun County Branch of the NAACP further supports the community through active committees that address religious affairs, legal redress, housing education, health education, economic development, and political action; and WHEREAS, the United States Depai tment of Justice, Leesburg Police Department and the Loudoun County Branch of the NAACP signed a covenant to work towards a cooperative relationship including diversified and culturally sensitive police force; and THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby congratulate the Loudoun County Branch of the National Association for the Advancement of Colored People on the occasion of their annual banquet and express the deepest gratitude to the many volunteers who have worked tirelessly through this organization to bring racial harmony and equality to our nation. 2 1 P a g e COUNCIL MEETING September 24, 2013 PROCLAIMED this 24th day of September,2013. b. Proclamation—Wounded Walk Day On a motion by Vice Mayor Butler, seconded by Council Member Hammler, the following was proclaimed: PROCLAMATION The Wounded Walk Day October 5, 2013 WHEREAS, former Marines Adam Shatarsky and Christopher Senopole have set a goal of walking across the United States, from Camp Pendleton in California, to the Marine Barracks in Washington, DC; and WHEREAS, their purpose for making this cross-country journey is to remember the sacrifices made by countless men and women in the service of our nation and to raise awareness for the needs of wounded veterans of all conflicts; and WHEREAS, Adam and Chris will walk through Leesburg on Saturday, October 5, 2013, on the last leg of their journey; and WHEREAS, Adam is a "native son" of the Town of Leesburg, having graduated from Loudoun County High School; THEREFORE, the Mayor and Council of the Town of Leesburg in Virginia hereby congratulate Adam and Chris on the successful completion of their journey and proclaim that Saturday, October 5"', 2013 is "Wounded Walk Day" in the Town of Leesburg, Virginia. PROCLAIMED this 24th day of September, 2013. 8. PETITIONERS The Petitioner's Section was opened at 7:37 p.m. William E. Wilkin, Loudoun Heritage Group, stated that the Council referred a matter to the Loudoun County Board of Supervisors concerning consideration of a historic access corridor zoning overlay district would be appropriate for Edwards Ferry Road east of Battlefield Parkway. He stated that after thorough investigation, the National Park Service's American Battlefield Protection Program had already outlined the true contours of the Balls Bluff Battlefield. He stated their proposal, endorsed by the Board of Supervisors, is to extend the boundaries of the battlefield from the 76 acres currently contained in the National Historic Landmark, to include other portions of the area that were part of the battle. He stated they are moving forward with a grant 3 I Page COUNCIL MEETING September 24, 2013 application to the American Battlefield Protection Program to cover the cost of the full application for the process of expanding the National Historic Landmark. He stated this places no conditions on the transfer or development of the property, but places an honorific on the property that recognizes the historic events that occurred on this site. Jan Zacharaisse stated that he represents Waterford Development Company and that the economy has created a need for Waterford to convert its investment in properties in the downtown to residential. He stated bringing more residential to the downtown will help put feet on the street and seats in the restaurants. He asked Council to amend the zoning ordinance to allow the type of condominium townhouse product in Leesburg. He noted that the rezoning process will add more time to the development process and delay construction. Davette Everly, 507 Sherry Ann Court, requested downzoning of the Tuscarora Crossing property from industrial to residential. She stated that the applicant has worked closely with staff to answer staff comments. She stated the current zoning does not require a tree save area adjacent to the nearby residential properties. She stated her intention to fight against industrial development on this property. Paul Norris, 43029 Mill Race Terrace, stated he is in support of the Tuscarora Crossing development. He stated this property is in his viewshed as he commutes to work. He stated he does not want to see industrial buildings. The Petitioner's Section was closed at 7:58 p.m. 9. APPROVAL OF THE CONSENT AGENDA On a motion by Vice Mayor Butler, seconded by Council Member Burk, the following items were moved for approval as the Consent Agenda: a. Traffic Signal Equipment Continuing Services Contract Award RESOLUTION 2013-110 Awarding the 2013 Traffic Signal Components Installation and Replacements Continuing Services Contract to B&B Signal Company, LLC of Manassas, Virginia b. Approving an Easement and Right-of-Way Agreement for NOVEC Utility Easement Across Town Property RESOLUTION 2013-111 Authorizing the Mayor to Execute an Easement and Right of Way Agreement for NOVEC to Install Utilities Across Public Property c. Wounded Walk—Fee Waiver/Sponsorship RESOLUTION 2013-112 Approving the Waiver of Fees for the Wounded Walk Parade and Ceremony 41 Page COUNCIL MEETING September 24, 2013 The Consent Agenda was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 10. PUBLIC HEARINGS a. Sycolin Road Widening, Phase III— Condemnation Authorization The appeal was opened at 8:04 p.m. Keith Wilson stated the necessary land rights have been obtained from all of the property owners except for one. He stated that staff is asking for condemnation of the remaining parcel. Council Comments/Questions: • Has staff attempted to contact the property owner? Staff answer: Staff was referred to the property owner's legal counsel who has not responded. • This will connect the section the four lane section of Sycolin Road with the VDOT overpass • Lack of communication on the part of the property owner may be an agreement with the terms There were no members of the public wishing to address this issue. The public hearing was closed at 8:09 p.m. On a motion by Vice Mayor Butler, seconded by Council Member Wright, the following was proposed: RESOLUTION 2013-113 Declaring that a Public Necessity and Use Exists, Authorizing an Offer to Acquire Fee Simple Right of Way, and Permanent and Temporary Easements from PIN 189-16-0666-000 for the Sycolin Road Widening Phase III Project and to Authorize Condemnation The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. TLOA 2013-0003 Amending the Leesburg Zoning Ordinance regarding Child Care Facilities Irish Grandfield gave a brief presentation on the history of the proposed amendment. Key Points: 5 I Page COUNCIL MEETING September 24, 2013 • State day care licensing requirements changed in July 2012 causing inconsistencies in state and local requirements • Need for a variety of child care choices including family day homes • By-right approvals for up to nine children • Limitations on size of home causes townhomes to require special exception approval • The most children that could be watched in any 24 hour period is 12. • Any neighborhood objections trigger the requirement for a public hearing per state code Council Comments/Questions: • Concern over the unlimited number of children who reside in the residence not being included in the count • How will this affect existing family day homes? Staff answer: Will not affect those that already have approval. • Concern that the special exception number is set too low • Will the limited square footage requirement require a number of smaller single family home to be required to receive special exception approval? Staff answer: A random sampling of single family home lots in the town meet the criteria No members of the public wished to speak on this subject. The public hearing was closed at 8:48 p.m. On a motion by Council Member Burk, seconded by Vice Mayor Butler, the following was proposed: ORDINANCE 2013-0-015 Amending Articles 6, 9, and 18 of the Leesburg Zoning Ordinance to Update the Definitions and Regulations Related to Child Care Facilities including Family Day Homes and Child Care Centers Council Member Burk requested that the "24 hour period" be inserted into the definition of Family Day Home on page 5 of the ordinance. Vice Mayor Butler accepted this as a friendly amendment. Council Member Dunn requested a friendly amendment to increase the number of children to 16 children under the age of 13 inclusive of the provider's own children. The amendment was not accepted as friendly. Council Member Dunn requested that the section regarding number of vehicles be deleted. This was accepted as friendly. Council Member Dunn made a motion to amend the language to increase the number of children to 20 children under the age of 13 inclusive of the provider's own children. The motion died for lack of a second. 6 I r Page COUNCIL MEETING September 24, 2013 Council Member Wright offered a friendly amendment to remove the requirement for a "hard surface" pathway. The amendment was not accepted as friendly. Council Member Wright further offered a friendly amendment to remove the special exception requirement between 9 and 12 children to allow by- right use up to 12 children. The motion was not accepted as friendly. Council Member Dunn clarified that nonpaid childcare is not counted in the number of children allowed. The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 11. RESOLUTIONS AND MOTIONS a. County Referral—Goose Creek Golf Club On a motion by Vice Mayor Butler, seconded by Council Member Martinez, the following was proposed: MOTION 2013-039 I move that Council endorse the draft referral letter from staff dated September 25, 2013 for ZMAP 2013-0005 Goose Creek Golf Club 1St submission, including the related special exception applications, as presented at the work session on September 23, 2013 and forward the referral letter to County staff Council Comments/Questions: • Approval of this letter only transmits town staff comments to county staff? Staff answer: Yes. The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 b. County Referral— Tuscarora Crossing On a motion by Vice Mayor Butler, seconded by Council Member Hammler, the following was proposed: MOTION 2013-040 I move that Council endorse the draft referral letter from staff dated September 25, 2013 for ZMAP 2012-0011, Tuscarora Crossing, 3'd Submission, as presented at the work session on September 23, 2013 and forward the referral letter to County staff The motion was approved by the following vote: 71 P a h COUNCIL MEETING September 24, 2013 Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 c. Legislative Agenda On a motion by Council Member Wright, seconded by Council Member Burk, the following was proposed: MOTION2013-041 I move to approve the 2014 Legislative Agenda and Legislative Positions Statement as presented The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammier, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 d. Town Plan Action Program On a motion by Council Member Martinez, seconded by Council Member Burk, the following was proposed: MOTION 2013-042 I move to accept the 2013 Town Plan Action Program and Action Program Priority List which was prepared by the Planning Commission and discussed by Town Council at work sessions on July 8 and September 9, 2013. This direction does not include one item pertaining to developing requirements for "No Net Loss"for tree canopy in new development. I further move to direct the Town Manager to work with staff to begin work on the Action Program Priority List by scheduling four of the priority items(Low Impact Development, Floodplain Ordinance, Capital Improvement Plan Criteria, and H-2 Overlay District/East Market Street Small Area Plan)in the next twelve months and to report periodically with updates to Council on progress on these items. Council Member Wright offered a friendly amendment to add the words "East Market Street Small Area Plan". The motion was accepted as friendly. Council Member Comments/Questions: • Changes in the B-1 District were not discussed • Appears that Council is accepting the entire Town Plan Action Program • Why was the "No Net Loss" for tree canopy taken out? Staff answer: That could exceed what the state code currently requires. • Would like to move the H-2 up in priority, if this is a prioritized list Council Member Hammier offered an amendment to direct the Town Manager to work with staff to begin work on the Action Program by scheduling four priority items with the top priority item being the H-2 Overlay District followed by Low Impact Development, Flood Plain Ordinance, and Capital Improvement Plan criteria in the next 12 months. The motion was seconded by Council Member Dunn who offered a friendly amendment to 8 I Page COUNCIL MEETING September 24, 2013 reorder the priorities so that Low Impact Development be first priority and H-2 Overlay District second priority. Council Comments/Questions: • Frustrated by micromanagement of staff priorities The motion to amend failed by the following vote: Aye: Dunn, Hammier and Wright Nay: Butler, Burk, Martinez, and Mayor Umstattd Vote: 3-4 Council Comments/Questions: • Town Council should set policy—including priorities The motion was approved by the following vote: Aye: Burk, Butler, Dunn, Hammler, Martinez, Wright and Mayor Umstattd Nay: None Vote: 7-0 e. Initiating Amendments to the Leesburg Zoning Ordinance to Permit Townhouse Condominiums in the B-1, Community(Downtown) Business District On a motion by Council Member Wright, seconded by Council Member Dunn, the following was proposed: RESOLUTION Initiating Amendments to the Leesburg Zoning Ordinance to Permit Townhouse Condominiums in the B-1, Community(Downtown)Business District Council Comments/Questions: • Initial idea was to eliminate lot line requirements for single family attached dwellings, which would create a new use Staff answer: Townhouse condominium is the term of art that used for this type of use. • Use type is becoming more popular • Can Planning staff cover Council's concerns through this process as easily as through a rezoning? Staff answer: It is not as easy • Would prefer not to call it multi-family • Do not like creating legislation for a single property as it will affect the entire B-1 Council Member Dunn offered a friendly amendment to take out the term "multifamily". The amendment was accepted as friendly. 9 1 Page COUNCIL MEETING September 24, 2013 Council Member Hammler offered a friendly amendment in Section 1 "Amendments to the Zoning Ordinance are hereby initiated and referred to the Planning Commission in September 2014". The amendment was not accepted as fri endly. Council Comments/Questions: • Not as concerned about the product as the process. • Rezoning would be a more appropriate process • What is currently permitted by-right? Staff answer: B-1 would allow townhouses or commercial • No assurances that Council's concerns can be addressed through a text amendment • Need residential downtown, but rezoning is the correct process • Is it possible to waive the FEMA requirements for the floodplain? Staff answer: No. • How does this fit into Planning's work plan? Staff answer: Staff had anticipated initiation of this amendment, so it was included in the work plan presented earlier • Staff will spend nearly as much time on a text amendment as a rezoning, yet the town will not be compensated • Need proffers to bring the height of the project back down Council Member Hammier disclosed campaign contributions from three employees of Waterford Development. The motion failed by the following vote: Aye: Butler, Dunn and Wright Nay: Burk, Hammler, Martinez, and Mayor Umstattd Vote: 3-4 12. ORDINANCES a. None. 13. UNFINISHED BUSINESS a. None. 14. NEW BUSINESS a. None. 15. COUNCIL COMMENTS Council Member Dunn disclosed a telephone call from Waterford Development regarding the possible text amendment. He expressed concerns about illegal turns from Battlefield Parkway onto the Rt. 15 bypass northbound. He requested additional safety measures for pedestrians at Battlefield and Catoctin. Vice Mayor Butler disclosed a meeting with Waterford Development. He stated he received free entrance to the Epicurience Event at Morven Park. He stated the Art 10 1 Page COUNCIL MEETING September 24, 2013 Festival was very good and reminded everyone about the Airshow on Saturday. He congratulated the Pittsburgh Pirates for making it into the play offs. Council Member Burk commended the Friends of Leesburg Public Art for a successful fine arts festival that was held last weekend. She stated they raised money for the mural. She stated that Reston has unveiled their newest mural and encouraged everyone to go to see it. She commended Main Street Agriculture for their first event held on Loudoun Street. She stated the NAACP dinner is on Saturday after the Airshow and is a very worthwhile event. Council Member Martinez disclosed a meeting with Waterford Development and a meeting with the Downtown Business Association. Council Member Hammier disclosed a telephone conversation with Gem Bingol about Crescent Place and Ben Leigh about Loudoun Street. She apologized for not being able to attend Monday's work session meeting as the traffic getting out of Tuscarora High School's Back to School Night was very difficult. She stated it is time to start conversations about opening the second exit for the school. She congratulated Leesburg Police Department about the drug bust. She stated she attended a meeting on September 12 of the county Land Use committee regarding the local bus service. She suggested that Council have a subcommittee to stay actively involved working with the county on this subject. She stated that Mary Hynes, the metro board chair will attend the Council meeting on October 7. She thanked Gwen Pangle of the Economic Development Commission for her survey on the King Street portion of the Downtown Improvements. She stated the Mike Carroll suggested a walking tour of the street to help everyone understand what is proposed. She thanked Charlie Mumaw in the Public Works department for being responsive regarding concerns about sidewalk repairs in her neighborhood. She questioned whether the roof on the Home Depot can be changed. She stated she is looking forward to the Distinguished Voices in Civics presentation at Morven Park tomorrow. Council Member Wright stated that the Balch Library has an interesting seminary coming up called "Pirate Alley: Commanding Task force 151 off of Somalia". He stated the Art Show was great with a lot of hard work put in by an all-volunteer group working with the Paragon group. He stated the festival draws people downtown and they patronize the businesses and restaurants. He asked for better signage about satellite parking for the Airshow. He stated he may need to participate remotely for the next Council meeting. He reiterated other Council member's comments about "don't block the box" signs for intersections. 16. MAYOR'S COMMENTS Mayor Umstattd disclosed a meeting with Hobie Mitchell and a meeting with Jan Zacharaisse. She extended a compliment to Town Staff, particularly Rich Williams and Bill Ference for their work on the memorial bench for Gavin Bearclaw at Freedom Park. She noted there was a small dedication ceremony on Saturday. The family appreciated all the assistance that staff provided. She congratulated Michael Bloom for achieving 11 I Page COUNCIL MEETING September 24, 2013 the rank of Eagle Scout. She mentioned the NAACP Banquet will be held Saturday night at the National Conference Center. She confirmed that Council Member Martinez will serve as the Town's voting delegate for the Business Meeting and Council Member Hammier can serve as back up. 17. MANAGER'S COMMENTS Mr. Dentler stated there are two official satellite locations for parking for the Airshow—Heritage High School and Tuscarora High School. He noted that there would also be parking in the Park and Ride lot on Sycolin Road. 18. CLOSED SESSION None. 19. ADJOURNMENT On a motion by Vice Mayor Butler, seconded by Council Member Wright, the meeting was adjourned at 10:30 p.m. 4e`-_? _ i. ,; 1 .i. • - C. mstattd, Mayor Town of Leesburg ii AT 14111 • Clerk of •Vil 2013 tcmin0924 12 I Paigc