HomeMy Public PortalAbout2013_tcmin1112 COUNCIL MEETING November 12, 2013
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Council Members Present: David Butler, Thomas Dunn, Marty Martinez, Katie
Sheldon Hammler, and Mayor Umstattd.
Council Members Absent: Council Members Burk and Wright.
Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town
Manager Kaj Dentler, Assistant Town Manager Scott Parker, Director of Utilities Amy
Wyks, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning
and Zoning Brian Boucher, Senior Planner Irish Grandfield, Director of Plan Review
Bill Ackman, and Clerk of Council Lee Ann Green
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION: Candace Brinkley
3. SALUTE TO THE FLAG: Council Member Dunn
4. ROLL CALL: Showing Council Members Burk and Wright absent.
5. MINUTES
a. Work Session Minutes of October 21, 2013
On a motion by Vice Mayor Butler, seconded by Council Member Martinez, the
minutes of the work session meeting of October 21, 2013 were approved by a vote of 5-0-2
(Burk/Wright absent).
b. Regular Session Minutes of October 22, 2013
On a motion by Vice Mayor Butler, seconded by Council Member Martinez, the
minutes of the regular session of October 22, 2013 were approved by a vote of 5-0-2
(Burk/Wright absent).
6. ADOPTING THE MEETING AGENDA
On the motion of Council Member Martinez, seconded by Vice Mayor Butler, the meeting
agenda was approved as presented:
Aye: Butler, Dunn, Hammler, Martinez and Mayor Umstattd
Nay: None
Vote: 5-0-2(Burk/Wright absent)
7. PRESENTATIONS
a. Proclamation—Leesburg Volunteer Fire Company 210`h Anniversary
On a motion by Council Member Hammler, seconded by Vice Mayor Butler, the
following was proclaimed:
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COUNCIL MEETING November 12, 2013
PROCLAMATION
Commending the Leesburg Volunteer Fire Company on its 210`h Anniversary
WHEREAS, in 1803 the people of the Town of Leesburg agreed to form a
fire company in the form of a bucket brigade team; and
WHEREAS, the bucket brigade team reorganized into the Leesburg Fire
Company; and
WHEREAS, over the next several decades the Leesburg Fire Company
continued to expand, modernizing equipment and increasing membership to better
serve a growing community; and
WHEREAS, by 2012, the Leesburg Volunteer Fire Company received
1,723 calls for service and dedicated countless hours to protecting the community;
and
WHEREAS, commending the members of the Leesburg Volunteer Fire
Company for their integrity, honor, dedication and bravery is a fitting tribute.
THEREFORE PROCLAIMED, by the Council of the Town of Leesburg
in Virginia that the Leesburg Volunteer Fire Company is commended on its 210
years of dedication to the safety of the community.
AND BE IT FURTHER PROCLAIMED, that Company 1 will
forevermore be known as "The Pride of Old Town".
PROCLAIMED this 12th day of November 2013.
b. Proclamation—Native American Indian Heritage Month
On a motion by Council Member Hammier, seconded by Vice Mayor Butler, the
following was proclaimed:
PROCLAMATION
NATIONAL AMERICAN INDIAN HERITAGE MONTH
NOVEMBER 2013
WHEREAS, on November 15, 1994 President Clinton issued a
proclamation based on Senate Joint Resolution 271, designating the month of
November as "National American Indian Heritage Month; and
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WHEREAS, American Indians, the first Americans, have made enormous
contributions to the life of our Country and the earliest beginnings of its history;
and
WHEREAS, American Indians have greatly enhanced the culture,
prosperity and greatness of our Commonwealth and nation; and
WHEREAS, local organizations such as the Loudoun Museum and the
Thomas Balch Library both offer a variety of information for individuals who wish
to discover the contributions that American Indians have made to Loudoun
County and nationwide; and
WHEREAS, it is fitting to recognize the many accomplishments and
contributions of American Indians to our shared culture and to the preservation of
our lands and of the tradition of America's first inhabitants.
THEREFORE PROCLAIMED,by the Council of the Town of Leesburg
in Virginia the month of November of the Year 2013 as National American Indian
Heritage Month in the Town of Leesburg and urge the citizens of Leesburg, as well
as all community organizations, to preserve and remember the accomplishments of
Native Americans throughout the history of our nation.
PROCLAIMED this 12th day of November 2013.
c. Presentation by Beckham Dickerson and Jennifer Lassiter
Mr. Dickerson and Ms. Lassiter presented plans by the Aurora School to
develop the barns complex at the Paxton Home for the use of developmentally
disabled children. They displayed the amenities that are planned for the site and
noted that this would be the first facility of its type in the country.
8. PETITIONERS
The Petitioner's Section was opened at 8:05 p.m.
There were no speakers wishing to address Council.
The Petitioner's Section was closed at 8:05 p.m.
9. APPROVAL OF THE CONSENT AGENDA
On a motion by Council Member Martinez, seconded by Vice-Mayor Butler, the following
items were moved for approval as the Consent Agenda:
a. Initiating an Amendment to the Town Code Regarding Electronic Participation
and Rules of Order
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COUNCIL MEETING November 12, 2013
RESOLUTION 2013-127
Initiating an Amendment to the Town Code Governing the Participation of Town
Council Members and Members of Boards and Commissions in Meetings through
Electronic Participation
b. Authorizing the Town Manager to Execute the Grant Application for the Virginia
Department of Environmental Quality's Virginia Stormwater Local Assistance
Fund
RESOLUTION 2013-128
Authorizing the Town Manager to Execute the Grant Application for the
Virginia Department of Environmental Quality's Virginia Stormwater
Local Assistance Fund
c. Approval of the Next Town Hall Art Gallery Exhibit
RESOLUTION 2013-130
Town Hall Art Gallery—Approval of the Next Art Exhibit by Monroe Technology
Center
The Consent Agenda was approved by the following vote:
Aye: Butler, Dunn, Hammier, Martinez and Mayor Umstattd
Nay: None
Vote: 5-0-2(Burk/Wright absent)
10. PUBLIC HEARINGS
a. Special Exception TLSE 2013-0011 Eva's Day Care
The public hearing was opened at 8:11 p.m.
Irish Grandfield presented this special exception application for a Home
Day Care.
Key Points:
• Application processed under previous Zoning Ordinance regulations
• Interior townhouse unit next to an end unit.
• Parking beside the end unit
• Outside play area size limits number of children outside at any given time
• Planning Commission recommended approval
• One speaker at the Planning Commission public hearing spoke against the
application voicing concern that the use would reduce the value of his
nearby rental units
Council Comments/Questions:
• What is process for enforcement of conditions?
Staff answer: It would be through zoning complaint
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COUNCIL MEETING November 12, 2013
• Is the Homeowner's Association in agreement with using HOA parking
areas for pick up and drop off?
Staff answer: The HOA was notified of the application and did not
express concern over pick up and drop off usage of the parking spaces
Evelyn Gray, stated she is a parent whose son attends this daycare. She
stated it is very important for working parents to have a daycare provider that
they can trust.
Diane Lancor, stated that Eva is a very important part of the children's
lives. She stated finding daycare that they are comfortable using is very
important. She stated that the neighbors have never expressed any concerns to
her when picking up or dropping off her child.
The public hearing was closed at 8:21 p.m.
On a motion made by Council Member Martinez, seconded by Council Member
Dunn, the following was proposed:
RESOLUTION 2013-131
Approving TLSE 2013-0011, Eva's Home Daycare, a Child Care Center located
on Property Identified as PIN Number 187-30-6945 and Located at 814 Ferndale
Terrace, N.E.
Council Member Comments/Questions:
• Is the gate at the rear of the townhouse unit kept locked?
Applicant answer: Yes.
• Noise is not an issue because of the close proximity of the school
• How many assistants will be working for the applicant?
Applicant answer: Currently have three infants and two assistants.
Another assistant will be added if more infants are added.
Staff answer: Requirements are state requirements. Two assistants are
enough to watch the maximum number of children allowed
The motion was approved by the following vote:
Aye Butler, Dunn, Hammier, Martinez, and Mayor Umstattd
Nay: None
Vote: 5-0-2(Burk/Wright absent)
b. Special Exception TLSE 2013-0012 My Dog's Day Care
The public hearing was opened at 8:32 p.m.
Irish Grandfield presented this application for a Special Exception to
allow an indoor dog day care facility.
Key Points:
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COUNCIL MEETING November 12, 2013
• No outdoor activity
• Not an overnight kennel
• Subject to kennel use standards in the Zoning Ordinance
• Most like a child day care facility in pick up and drop off needs
• No exterior changes so no site plan is required
• Asking for modification of distances to neighboring properties since
facility is completely indoors
• Planning Commission recommended approval, although several
commissioners expressed a desire to see less dogs cared for at this site
• No use standards exist to limit number of dogs
There were no members of the public wishing to address this public
hearing.
The public hearing was closed at 8:43 p.m.
On a motion made by Council Member Martinez, seconded by Council Member
Dunn, the following was proposed:
RESOLUTION 2013-132
Approving TLSE 2013-0012, My Dog's Day Care, an Indoor Daytime Dog Care
Facility Located on Property Identified as PIN Number 189-26-8520-009 and
Located at Unit 110, 75 Lawson Road, S.E.
Council Member Comments/Questions:
• Have precautions to limit spread of disease among dogs been considered?
Applicant answer: Yes. Old Mill Veterinary is located across the street
and will be able to handle any healthcare emergencies. All dogs will need
up to date vaccinations.
• What is handler to dog ratio?
Applicant answer: 1/10 plus non-handler managers
• Are there indoor relief areas for the dogs?
Applicant answer: Yes.
• Is there any cost to the town for additional waste management?
Staff answer: Utilities did not comment on any additional fees.
• How did the applicant decide on 60 dogs as the capacity?
Applicant answer: Felt that this is a comfortable number for the space.
• According to ASPCA, more space per dog is needed.
Applicant answer: Facility would not be full the majority of the time;
however, all dogs would not be out in the open play area at the same time.
Some dogs will be in quiet confinement where they cannot view the dogs
at play
• Will dogs that are kept indoors all day be subject to stress?
Applicant answer: Dogs can be transported to Old Mill to get outside play
time. Plan is to fit the activity to the temperament of the dog
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COUNCIL MEETING November 12, 2013
Council Member Butler stated he would be abstaining from voting on this
since his wife walks dogs and gets income from dog walking.
The motion was approved by the following vote:
Aye Dunn, Hammler, Martinez, and Mayor Umstattd
Nay: None
Vote: 4-0-2-1 (Burk/Wright absent, Butler abstaining)
11. RESOLUTIONS AND MOTIONS
a. Authorizing a Reduction of a Performance Guarantee for PMW
Farms, Section 4 and Authorizing a Reduction of a Performance
Guarantee and a Time Extension for PMW Farms, Section 3 and 5
On a motion by Council Member Martinez, seconded by Vice Mayor
Butler, the following was proposed:
RESOLUTION 2013-129
Authorizing a Reduction of the Performance Guarantee for Public
Improvements Installed at PMW Farms—Section 4(TLCD 2010-0004)
and Authorizing a Reduction of the Performance Guarantee and a Time
Extension for Public Improvements Installed at PMW Farms—Section 3
and 5(TLCD 2010-0006).
Council Comments/Questions:
The motion was approved by the following vote:
Aye Butler, Dunn, Hammler, Martinez, and Mayor Umstattd
Nay: None
Vote: 5-0-2(Burk/Wright absent)
b. Initiating an Amendment to the Zoning Ordinance and DCSM to
meet current FEMA and Virginia DCR Standards
On a motion by Vice Mayor Butler, seconded by Mayor Umstattd, the
following was proposed:
RESOLUTION 2013-133
Initiating Amendments to the Zoning Ordinance, Article 13;and the
Design and Construction Standards Manual, Article 5, Section 5-400 to
Conform to Current FEMA and Virginia DCR Standards
The motion was approved by the following vote:
Aye Butler, Dunn, Hammler, Martinez, and Mayor Umstattd
Nay: None
Vote: 5-0-2(Burk/Wright absent)
c. Setting the Calendar Year 2014 Meeting Calendar
On a motion by Mayor Umstattd, seconded by Vice Mayor Butler, the
following was proposed:
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COUNCIL MEETING November 12, 2013
RESOLUTION 2013-134
Setting the CY2014 Town Council Calendar
Council Comments:
• Support for moving the meetings from the week of Thanksgiving.
• Would like to keep the meetings on the second and fourth week to
keep things predictable for the public
• Concern for Back to School nights for Council Members with
children
Staff answer: Individual school schedules are not available this
early
• Council would not meet on Veteran's Day
Council Member Dunn offered a friendly amendment to meet on the 10th
and 24th as combination work/regular meetings. The amendment was accepted as
friendly.
The motion was approved by the following vote:
Aye Butler, Dunn, Hammler, Martinez, and Mayor Umstattd
Nay: None
Vote: 5-0-2(Burk/Wright absent)
12. ORDINANCES
a. None.
13. UNFINISHED BUSINESS
a. Crosstrail Referral to County
Susan Berry Hill confirmed that this item will be heard by the Board of
Supervisors for public hearing on Wednesday evening.
Michael Banzhaf, representative for the applicant, Petersen Companies,
addressed several of the issues.
• Proposed uses would bring more income to the county than permitted
uses
• Applicant cannot afford to build both sewer lines
Staff answer: Applicant is responsible for the 100% of the pro-rata as they
are the only landowner
On a motion by Vice Mayor Butler, seconded by Mayor Umstattd, the following
was proposed:
RESOLUTION2013-135
Town's Concerns Pertaining to ZMAP 2012-0021, Crosstrail Commercial Center;
SPX 2012-0042 Hotel;SPEX 2012-0048, Gas Pumps and SPEX 2012-0039,
Outdoor Sales
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COUNCIL MEETING November 12, 2013
Council Comments/Questions:
• Is there an agreement that can be worked out using temporary services
until the developer can afford the southern line?
Staff answer: Lines were designed with this property owner's needs in
mind. Connecting from the north makes the town system less efficient.
• How would the use of the northern route cost the town more?
Staff answer: By using the northern route, it makes the southern route,
which was sized to accommodate this development, inefficient.
• Is there a legitimate concern that the utilities will not be ready for the
applicant?
Staff answer: Lower Sycolin system was based on and phased by
information provided by the applicant.
• Can language be added to proffers to ensure that the pump station is not
permanent?
Staff answer: Recommendation is to build the southern route since
property owner will need to build the southern route at some point.
Applicant's answer: Not aware that the property owner would be the only
one responsible for the southern route
• When do you need wastewater service from the town?
Applicant answer: By site plan approval—2015/2016
• Would like to add language capturing the fact that the Town is the water
and sewer provider for the property
Council Member Dunn made a motion to add language stating that the town
supports the Crosstrail development with the concerns as listed. The motion was seconded
by Council Member Hammier for discussion purposes.
The motion to amend failed by the following vote:
Aye: Dunn
Nay: Butler, Hammier, Martinez, and Mayor Umstattd
Vote: 1-4
Council Member Hammier made a motion to add language specifying that the
town would prefer the property to be brought into the town limits via boundary line
adjustment. The motion was seconded by Council Member Dunn for discussion purposes.
The motion to amend failed by the following vote:
Aye: Dunn and Hammier
Nay: Butler, Martinez, and Mayor Umstattd
Vote: 2-3
The main motion was approved by the following vote:
Aye: Butler, Hammier, Martinez and Mayor Umstattd
Nay: Dunn
Vote: 4-1 (Burk/Wright absent)
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COUNCIL MEETING November 12, 2013
On a motion by Council Member Martinez, seconded by Vice Mayor Butler, the
following was proposed:
MOTION 2013-046
Approval of letter concerning Crosstrail's utilities
The motion was approved by the following vote:
Aye: Butler, Dunn, Hammler, Martinez and Mayor Umstattd
Nay: None
Vote: 5-0-2(Burk/Wright absent)
14. NEW BUSINESS
a. None.
15. COUNCIL COMMENTS
Council Member Martinez disclosed meetings with Gigi Robinson, Gem Bingol
and Ed Gorski regarding the Crescent Place application. He requested an agenda item
discussing making the Loudoun Street property a pocket park.
Council Member Hammier asked for an amendment to initiate changes to
Section 10.4.5.c.2 of the Zoning Ordinance regarding the location of HVAC equipment.
She also requested a charette to discuss options for Loudoun Street and information on
the viability of a building for the site. She requested an information item regarding the
possible negative impacts of a "heat plume" from the hybrid energy plant on flight
patterns at the airport. She disclosed telephone calls with Hobie Mitchell and a meeting
with Mr. Mitchell, his associates and town staff. She also disclosed a meeting with Gem
Bingol, Gigi Robinson, and Ed Gorski. She reminded everyone about the ribbon cutting
for Sweetz Bakery in Battlefield Shopping Center. She thanked the Mayor for allowing
the Tuscarora High School National Honor Society to join Council in the Halloween
Parade.
Vice Mayor Butler requested potential options for making the proposed widened
sidewalks on King Street wider. He stated he has patronized WhichWich and it is very,
very good.
Council Member Dunn requested a discussion on the search process for a Town
Manager.
16. MAYOR'S COMMENTS
Mayor Umstattd thanked the VFW, Dodona Manor, and American Legion for
the Veteran's Day ceremonies.
17. MANAGER'S COMMENTS
Mr. Wells stated an item needs to be added to a future agenda to discuss regional
NVTA funding request priorities.
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COUNCIL MEETING November 12, 2013
18. CLOSED SESSION
a. None.
19. ADJOURNMENT
On a motion by Council Member Hammier, seconded by Council Member Dunn, the
meeting was adjourned at 10:40 p.m.
Iris'-n C. Urns attd, Mayor
Town of Leesburg
• T SS ►:
1'
Clerk of Cou
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