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Home My Public Portal About2014_tcwsmin0407 Council Work Session April 7, 2014 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Kristen C. Umstattd presiding. Council Members Present: Kelly Burk, David Butler, Thomas Dunn, Katie Sheldon Hammler, Marty Martinez, Kevin Wright and Mayor Umstattd. Council Members Absent: None. Staff Present: Town Manager John Wells, Deputy Town Attorney Barbara Notar, Deputy Town Manager Kaj Dentler, Assistant Town Manager Scott Parker, Director of Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian Boucher and Executive Associate I Tara Belote AGENDA ITEMS 1. Work Session Items for Discussion a. County Referral— Goose Creek Club Brian Boucher gave a brief presentation on the second submission for Goose Creek Club. Key Points: • Rezoned from JLMA-3 (one unit per three acres) to PD-OP • Proposal includes a 132 room hotel, 36,000 square foot of office uses, 6,000 square foot of restaurant uses, a 9-hole golf course and 150 residential units (33 single family detached and 125 single family attached) • Residential component is not compatible with the industrial uses in the area • Applicant is proffering to build 1/2 of the improvements to Cochran Mill Road along their property, but not until Phase II • Road reservations are only given for 10 years, which is a relatively short period of time • Staff feels the bridge should be improved to four lanes and be sized to accommodate a 100-year flood event because there will be residences associated with this application • Soccer field to be built and donated to a "quality nonprofit". Council Comments/Questions: • Houses are very close to the quarry. Does the quarry realize that there will be complaints? Staff answer: This has not gone to public hearing yet. There are numerous industrial uses nearby. • How is the quality of a nonprofit determined? Staff answer: The zoning administrator of Loudoun County will have to make that decision. • Bridge is a major issue 1 ( Page Council Work Session April 7, 2014 • Entire application is within the county? Staff answer: Yes. • Application has some issues • What is the timeline for this project? Staff answer: If the application is ready, it will go to Planning Commission, but it could require another submission. • What is the economic impact, as currently proposed? Staff answer: We have not done that analysis. The applicant has proffered$25,000 per unit for the cost of infrastructure, which includes schools • Would suggest that the applicant build the four lane widening of Cochran Mill Road. • Proximity of the quarry makes residential a problem • Loudoun County Planning Commission has not been in favor of a lot of residential developments b. Amending the Town Code—Noise Ordinance Amendments Mayor Umstattd recognized two members of the audience who wished to address Council: Jocelyn (no last name given), stated she enjoys live music as a musician who plays violin and bass guitar. She stated that many people like the type of music that is played at venues downtown. Benjamin(no last name given) stated he is 11-years-old and lives in Round Hill. He stated he likes to attend live music performances and he looks up to musicians to do his best. He asked Council to support local singers, songwriters and those who appreciate music in the Town of Leesburg. Scott Parker stated there have not been a lot of changes since the last presentation. Key Points: • Several changes made to the proposed Noise Ordinance • Only practical way to quantify sound is a decibel standard • Council can choose to amend the current "plainly audible" standard • If the "plainly audible" standard is eliminated, a "not to exceed" standard of 70 decibels is recommended by staff • Standard would be for commercial areas as they affect residential areas Council Comments/Questions: • Did the Police Department have input into the draft ordinance? Staff answer: Captain Van Gilder of the Police Department and representatives of Planning and Zoning, Parks and Recreation, and the Town Attorney's office worked on this. 2IPage Council Work Session April 7, 2014 • Who enforces the noise ordinance? Staff answer: The Police Department. It will become a criminal offense and the judge can choose to impose a fine and/or jail time for repeated violations. • Difficult to use a decibel meter as the sound levels in music vary. Staff answer: The decibel meter has a function that will measure a peak threshold. The one that was tested is a meter used in civil complaints. The Police Department will have to obtain more sensitive, accurate equipment. • Would like to go to Frederick and Alexandria to see what they are doing. • Would prefer not voting tomorrow to give Council more time to research the issue. • Need to think about duration as well as decibel level. • There is a misperception about what is being proposed. What problem was staff looking to solve when they drafted this ordinance? Staff answer: Some businesses were disturbing neighboring residential uses. The plainly audible standard is the most restrictive standard. In order to be reasonably accommodating to businesses while still protecting the residential uses, staff undertook amendments to the code. • The plainly audible standard requires cooperation between businesses and their neighbors, regardless of whether the neighbors are residential or other businesses. • Who gets cited if the business will not turn down the music? Staff answer: The manager on site—the person responsible at the time. • How is persistent infringement documented? Staff answer: Because it is a criminal prosecution, each call is a specific, separate incident. After the initial warning, a citation will be issued. If it continues, or the individual does not respond to the summons process, they will be taken into custody. • Significant gap in the ordinance in that there is no commercial to commercial standard • Would suggest a summary of facts prior to the petitioner's section at tomorrow night's meeting. • No limits are included in the proposed ordinance to address special events like Acoustics on the Green or First Friday. • Decibel level meters and the training for their use is expensive • Would prefer the time frame is no earlier than 11 a.m. and to 11 p.m. only on Fridays and Saturdays • Prefer a 9 p.m. end time on work and school nights • Need protection for one commercial neighbor to another both inside and outside • Suggested disincentives for repeated violations of the sound ordinance • Plainly audible standard requires businesses to turn the music off • Why did staff choose 70 decibels? 3IPage Council Work Session April 7, 2014 Staff answer: Staff put 70 decibels as a starting point for discussion, but distances between the businesses and the residences make a big difference. c. Appointment Procedures for Boards and Commissions Mayor Umstattd proposed adoption of several questions to be asked of potential Boards and Commissions nominees. She stated she would like to ask whether potential nominees have been convicted of a felony or sex related crime in the past. Council Comments/Questions: • Unsure of how Council could judge whether a former felon has been rehabilitated • These questions stigmatize those trying to serve their community • Appointment can give someone the "cloak of respectability" that may give them access to that normally would not be granted. • Concern that personal information would be part of the public record. Would need to have policies and procedures in place to deal with confidentiality concerns • Where is the line drawn as to what questions are considered pertinent? • Who makes the decision as to which felonies are "okay" and which ones are not "okay" d. Letter to the Governor re: Budget Council Member Dunn stated he brought this forward because 19% of the town's budget comes from the state. He stated he wanted to keep this from being an issue about healthcare. Council Comments/Questions: • Feel like this is an issue about all Virginian's having access to health care. • Healthcare resolution does not address the budget • Medicaid expansion would not affect the budget this year, but be a down-stream effect • Governor has stated that Virginia can try the Medicaid expansion for two years and back out if they are not happy with it • If the Medicaid expansion is not taken care of in this budget cycle, it may be forgotten about. 2. Additions to Future Council Meetings Mayor Umstattd asked for an addition to tomorrow night's meeting to support the County's TIGER grant application. It was agreed to put that on tomorrow night's agenda. 4 ' Page Council Work Session April 7, 2014 Council Member Hammier stated she would be bringing forth a new nominee for the Technology and Communication Commission. Vice Mayor Butler stated he would be adding two nominations to the agenda for tomorrow evening. He stated the ICLEI membership he intended to add to the budget tomorrow night will only cost$600. He encouraged staff to talk to some of the businesses that were interested in the tent ordinance and find out what they wanted so that the proposed tent ordinance can be rewritten. Council Member Dunn would like to add a Proclamation for Special Needs Awareness Month. He asked for a work session item looking at the ease of registration for classes at Ida Lee. 3. Adjournment On a motion by Council Member Wright, seconded by Vice Mayor Butler, the meeting was idjourne• it 10:51 p.m. ��! .1. ,_.. Clerk of o it 2014 tcwsmin0407 5IPage