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::
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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.
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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
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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
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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:
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• 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.
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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:
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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
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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.
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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
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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
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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
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Clerk of •Vil
2013 tcmin0924
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