HERNDON TOWN COUNCIL Tuesday January 13, 2015

Transcription

1 This does not represent a verbatim transcript of the Town Council meeting. Visit webcasts to view agendas. Copies of video recordings of the public hearing meetings are available on request by contacting HCTV at HERNDON TOWN COUNCIL Tuesday The Town Council met in public session on Tuesday, at 7:00 p.m. in the Herndon Council Chambers Building, 765 Lynn Street. In attendance were: Mayor Lisa C. Merkel and Councilmembers: David A. Kirby, Steven Lee Mitchell, Sheila A. Olem, Jasbinder Singh and Grace Han Wolf. Vice Mayor Jennifer Baker was absent. Others present during the meeting were: Arthur A. Anselene, Town Manager; Richard B. Kaufman, Town Attorney; Ron Thunman, Police Captain; Elizabeth M. Gilleran, Director of Community Development; Mary K. Tuohy, Director of Finance; Robert B. Boxer; Director of Public Works; Mark Holland, Zoning Administrator; Amanda M. Kertz, Deputy Town Clerk; Mark Duceman, Transportation Program Manager; and Roger Dindyal, Planner. The meeting was called to order at 7:00 p.m. with all members present, with the exception of Vice Mayor Baker, and with Mayor Merkel presiding. Mayor Merkel invited forward Colleen and Devin Matthews to lead the audience in the Pledge of Allegiance to the Flag of the United States of America. 1. ANNOUNCEMENT Mayor Merkel stated that Vice Mayor Baker was out of town and would be absent from tonight s meeting. 2. APPROVAL OF MINUTES On motion of Councilmember Kirby, seconded by Councilmember Olem, the minutes of the November 25 and December 9, 2014 public hearings; and the December 2, 2014 and January 6, 2015 work sessions were approved by a 6-0 vote, as follows. The vote was: Councilmembers Kirby, Mitchell, Olem, Singh, Wolf and Mayor Merkel voting Aye. Vice Mayor Baker was absent. 1

2 3. PRESENTATIONS Certificate, to recognize the Good Neighbor Award winner Mayor Merkel invited forward Barbara Glakas and Tooran Shadman of the Cultivating Community Initiative (CCI), to introduce the Good Neighbor Award winners, Shannon and David Mathews. Ms. Glakas reviewed the program and discussed how Mr. and Mrs. Matthews received the award. She and Ms. Shadman presented the award to the Matthews family, while Mayor Merkel presented them their certificate. Certificates, to recognize the "Dress Up Herndon for the Holidays" winners Mayor Merkel recognized Lynn Schumaker, Cultivating Community Initiative, who introduced the winners of the annual Dress Up Herndon for the Holidays contest. The winners were: Nancy & Joel Gonzalez, 1307 Lopp Court, "Holiday Sparkle" Rhonda Reeves, 617 Merlins Lane, Let it Snow Parham Ghanipour, 106 Pearl Street, Traditional Vanessa Bush & Richard Scott, 1327 Summerfield Drive, Whimsical Nanette & Chris Carlisi, 1505 Snowflake Court, Spirit of the Holidays Mayor Merkel invited the winners forward to join her and Ms. Schumaker and presented the certificates. 4. COMMENTS FROM THE TOWN MANAGER There were no comments from Arthur A. Anselene, Town Manager. 5. COMMENTS FROM THE TOWN COUNCIL Councilmember Olem: Wished everyone a Happy New Year. She stated that this year, she attended the New Year s Eve Celebration at ArtSpace Herndon. She encouraged everyone to consider attending the event next year, which included family events earlier in the evening. Mayor Merkel: Stated that in the early 1990 s, Nathaniel Neblett served as a member of the town s Heritage Preservation Review Board (HPRB). At that time, HPRB members received $25 per month for their service. Mr. Neblett took the monthly check and put in a mutual fund. Over the years, the fund grew to $5,672. In November 2012, Mr. Neblett contacted the town to gift the funds to benefit a project of the town s choice. She stated it was a process, but the town has received the funds and she wanted to thank the Neblett s for their generosity publically. 2

3 6. COMMENTS FROM THE AUDIENCE There were no comments from the audience. 7. PUBLIC HEARINGS Resolution 15-G-01, to consider Special Exception Application SE #14-01, Shamin Hotels, Hilton Garden Inn Home 2 Suites, 232 Sunset Business Park and abutting property, to permit the construction of proposed on-site surface parking that will encroach into the Floodplain Overlay District; and Ordinance 15-O-01, to consider Proffered Condition Amendment PCA #14-101, Shamin Hotels, Hilton Garden Inn Home 2 Suites, to revise the proffer statement language adopted as part of Ordinances 05-O-26 and 05- O-27 for property located at 232 Sunset Park Drive in the Sunset Business Park and on abutting property Certificates of Publication were filed from the Editor of the Fairfax County Times Newspapers, showing that notices of said public hearings were duly advertised in the Friday December 26, 2014 and Friday January 2, 2015 issues. Mayor Merkel stated that the first two items relate to applications for the Shamin Hotels (Hilton Garden Inn and Home 2 Suites). She stated that Council would hold concurrent public hearings on these items. Following the public hearings, the Council would take separate action on the resolution and ordinance. She stated that prior to tonight s meeting, Council received comments on this item, which have been entered into the record. Mark Holland, Zoning Administrator, presented the staff report and a PowerPoint dated January 13, which are on file in the Town Clerk s office. He stated that the proposed ordinance would allow a revision to the proffer statement language or a previously approved ZOTA, which allowed for a self-storage facility, at 232 Sunset Park Drive. He stated the applicant proposed to revise the proffer statement language and Generalized Development Plan (GDP) to allow a hotel use as a permitted principal use within the Planned Development Business (PD-B) zoning district. He reviewed the details of the proposed structure, including the location, use, height, square footage and floor area ratio (FAR). He discussed the restrictions, proposed proffered conditions, modification and waivers, as provided in the staff report. He stated that a special exception (SE) is required to permit construction within the Floodplain Overlay District, which is the application for SE # He stated that the hotel structure would not be within the limits of the 100-year floodplain, but on-site surface parking area would encroach on the floodplain area. Mr. Holland stated that there was considerable testimony from property and businesses owners in Sunset Business Park during the Planning Commission s review of these applications. He stated that the neighboring businesses were concerned about access to the hotel from the Herndon Parkway, parking and safety issues and increase, traffic. He stated that the applicant had worked to alleviate their concerns throughout the process. 3

4 He stated that since the Council s work session, staff had provided a memo to Council regarding the tax revenue impact of the applications. In response to queries from Councilmember Kirby, Mr. Holland stated that town does not have a time frame for the Fairbrook Drive extension and the hotel project was not contingent on the construction of that road. In response to Mayor Merkel s request, Elizabeth M. Gilleran, Director of Community Development provided an update on the Fairbrook Drive extension. She stated that to provide additional capacity to the streets in that area so that Fairbrook could seek additional density, Fairbrook proposed the road and the company, Quadrangle, would pay for its construction. She stated that the applicant s traffic impact studies were based on existing road conditions and did not included the Fairbrook Drive extension. She agreed with Mayor Merkel that the extension was the result of working together with Fairbrook. Additionally, the currently approved plan for this site would not provide dedication for the Fairbrook Drive extension, which would be included in the proposed plan. David Houston with Reed Smith LLP, 3110 Fairview Park Drive, Falls Church (applicant s agent), reviewed the currently approved rezoning and the proposed applications and proffers. In response to questions raised at last week s work session, Mr. Houston stated that the hotel would use the same materials on all sides of the building; it would be built prior to the Fairbrook Drive extension; and the FAR not including the resource protection area (RPA) would be approximately He stated that the applicant had worked with the existing businesses in Sunset Business Park to address their concerns and had made changes to the plan and parking to help mitigate these issues. The public hearing was held and the following individuals provided testimony: Charlie Kendall, owner of 295 and 271 Sunset Park Drive, Herndon, supported deferral of the applications for a month, so the applicant could work on the concerns of the Sunset Business Park owners. Jeff Fairfield and Tom Pertita (name inaudible), both owners at 459 Herndon Parkway, Herndon, supported deferral of the applications. Mr. Fairfield offered several suggestions for transportation improvements at both access points to Sunset Business Park. John Forest, business owner at 249 Sunset Park Drive, Herndon, and President of the Sunset Business Park Condominium Association, supported deferral of the applications for a month, so the applicant could work on the concerns of the Sunset Business Park owners. Glen Coleman, business owner at 287, 289, 301 and 303 Sunset Park Drive, Herndon, expressed concern over the applications, what was submitted, and how this project would impact Sunset Business Park. 4

5 Richard Klare, representing Friends of Elden Street Players, 267 and 269 Sunset Park Drive, supported deferral of the applications for a month, so the applicant could work on the concerns of the Sunset Business Park owners. He made a suggestion for improving access points to the business park. Shirley Ra (name inaudible), owner of Taste of the World, 283 Sunset Park Drive, Herndon, provided a written petition from several owners in Sunset Business Park for the record, which is on file in the Town Clerk s office. She opposed closing the median on Spring Street as part of the project, which would be harmful to the businesses in the park. She stated that she did not oppose the hotel, but wanted the applicant to work together with the existing businesses. Patrick Via, with the law firm Rees Broome, PC, representing Herndon Suites, LLC, 467 Herndon Parkway, Herndon, expressed concern regarding the construction easement. He stated that he had provided written comments by earlier today. He supported deferral of this item so that his client and the applicant could work together on various traffic and safety issues. If the Council were to move forward with the applications, he requested the Council to require a public hearing for the site plan. Responding to the comments from the audience, Mr. Houston (applicant s agent), stated that the applicant was not planning to join the Sunset Business Park Condominium Association. He reviewed the ingress/egress easements related to the property and stated that the applicant has tried to address the issues raised by the Sunset Business Park community. Vote on Resolution 15-G-01 Main Motion (Approved) (Subsequently Substituted) Following the public hearing, Councilmember Kirby moved to continue the public hearing on Resolution 15-G-01 to February 10, This motion was seconded by Councilmember Mitchell. Councilmembers Kirby and Mitchell supported continuing the public hearing so that the applicant could work together with the business community on the issues expressed at tonight s public hearing. Substitute Motion (Subsequently Approved) Councilmember Wolf moved to approve Resolution 15-G-01, as written. This motion was seconded by Councilmember Olem. Councilmembers Olem, Wolf and Singh expressed support for the applications. Councilmember Singh asked that the applicant share any changes to the Generalized Development Plan (GDP) during the site plan review stage. 5

6 Councilmember Olem stated that she opposed eliminating the left turn off Spring Street into the business park, as the project moves forward. Substitute Motion (Failed) Following input from Mayor Merkel (the Presiding Officer), Councilmember Kirby moved a substitute motion to continue the public hearing on Resolution 15-G-01 to January 27, This motion was seconded by Councilmember Mitchell. There was discussion amongst Council on the substitute motion. The questions was called on the motion, which failed by a 2-4 vote as follows: Councilmembers Kirby and Mitchell voting Aye. Councilmembers Olem, Singh, Wolf and Mayor Merkel voting No. Vice Mayor Baker was absent. Main Motion, as substituted (Approved) The motion as restated for clarity, which was to approve Resolution 15-G-01, as written. Councilmember Kirby stated that he would have preferred a deferral, but was unsuccessful. He would support the applications because he would like to see the hotel built. The question was called on the motion, which was approved a 6-0 vote, as follows. The vote was: Councilmembers Kirby, Mitchell, Olem, Singh, Wolf, and Mayor Merkel voting Aye. Vice Mayor Baker was absent. Resolution 15-G-01, Application for a Special Exception, SE #14-01, Construction Within the Floodplain Overlay District. WHEREAS, the applicant, Herndon I, LLC Shamin Hotels, has submitted a request for a Special Exception to permit the construction of on-site surface parking that will encroach into the Floodplain Overlay District on the property located at 232 Sunset Park Drive, Herndon, Virginia and identified as Fairfax County Tax Map Reference A and A; and WHEREAS, the Planning Commission has reviewed this application and has held a public hearing in accordance with the provisions of of the State Code; and WHEREAS, the Planning Commission has recommended that the application be approved with conditions based upon the finding that the proposed use with conditions is not adverse to the purpose and intent of the Zoning Ordinance, in particular (e); and 6

7 WHEREAS, the Town Council has reviewed the application and the Planning Commission recommendations and has found that the proposed use, with conditions, is not adverse to the purpose and intent of the Zoning Ordinance, in particular (e). NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Herndon, Virginia, hereby: 1. Determines that this proposed use meets the following standards as found in (e): a. Is consistent with the comprehensive plan. b. Is free of conflict with any provision of this chapter and related town regulations or any other applicable local, state, or federal laws and regulations. c. Does not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. d. Consistent with the purpose and intent of the zoning district in which it is located, or will improve compatibility among uses and will ensure efficient development within the town. e. Minimizes adverse visual impact of the proposed use on adjacent lands. f. Contributes to a logical and orderly development pattern consistent with accepted or emerging planning practices. g. Minimizes adverse impact on surrounding lands regarding service delivery, parking and loading, odors, noise, glare, and vibration, and should not create a nuisance. h. Avoids significant adverse impacts on the property values of surrounding lands or substantially and permanently injures the use of neighboring property for those uses that are permitted in the zoning district. i. Does not significantly and adversely impact the natural environment, including but not limited to water, air, noise, stormwater management, wildlife, vegetation, wetlands, and the natural functioning of the environment. j. Results in development that is adequately served by transportation facilities, including whether or not a substantial deterioration of the level of service on the town's transportation network would occur and whether or not the 7

8 proposed use is designed to ensure safe ingress and egress onto the site and safe road conditions on and around the site. k. Results in development that is adequately served by public facilities (roads, potable water and sewage, schools, parks, police, and fire and emergency medical facilities). l. If infill and redevelopment is consistent with the redevelopment criteria and other applicable guidelines as stated in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as amended. m. If located in the floodplain overlay district, meets floodplain overlay standards. 2. The Town Council hereby grants to Herndon I, LLC Shamin Hotels, the applicant, Special Exception #14-01 with the following conditions: a. Substantial Conformity. The site shall be developed and maintained in substantial conformance with the special exception plan submitted on November 18, b. Permitted use. The use shall be limited to on-site surface parking for a hotel use that will encroach into the floodplain overlay district. c. Termination. This special exception may be terminated by the Town Council, following public hearing, based upon information provided by the Zoning Administrator, if the use is not operated in accordance with the zoning ordinance and the conditions set forth above. d. Expiration. This special exception shall automatically expire, without notice, twelve months after the date of Town Council approval unless construction of the proposed use has commenced. Additional time to commence the operation may be granted by the Town Council if a written request is submitted to the Zoning Administrator at least sixty days prior to the expiration date. e. Transferability. This special exception shall run with the land identified as Fairfax County Tax Map Number A and A and is not transferable to other properties. f. Inspection. The property owner shall during reasonable hours upon prior notice make provisions to allow town officials to inspect the property. 8

9 3. This resolution by its terms shall be effective on and after the date of its adoption. Vote on Ordinance 15-O-01 (Approved) Councilmember Wolf moved Ordinance 15-O-01 for approval. seconded by Councilmember Olem. This motion was There were comments from Council regarding the proposed ordinance. With the concurrence of Council, Mayor Merkel requested the staff, applicant and business community to work together to resolve any remaining issues related to the proposed hotel project. The question was called on the motion, which was approved a 6-0 vote, as follows. The vote was: Councilmembers Kirby, Mitchell, Olem, Singh, Wolf, and Mayor Merkel voting Aye. Vice Mayor Baker was absent. Ordinance 15-O-01, PCA #14-101, to amend the proffer statement language adopted as part of Ordinance 05-O-26 and Ordinance 05-O-27 to allow a hotel use as a permitted principal use for the properties identified as Fairfax County Tax Map Reference Numbers A and A and addressed as 232 Sunset Park Drive and the adjacent east lot, Herndon, Virginia. In adopting this ordinance, the Town Council has considered the factors set out in , Code of Virginia. BE IT ORDAINED by the Council for the Town of Herndon that: A. The zoning classification of the property, lying in the Town of Herndon, Fairfax County, Virginia, described as follows will remain Planned Development Business (PD-B) with amended proffers adopted as part of Ordinance 05-O-26 and Ordinance 05-O-27. Parcel A: Beginning at a point being a common corner with Sunset Business Condominium, said point lying in the line of the land of Sunset Business Park, L.L.C., thence running with the line of the land of Sunset Business Park, L.L.C., the following three courses and distances: 1. S 28 08' 11" W, feet to a point; 2. Thence N 66 57' 39" W, feet to a point; 3. Thence S 28 08' 12" W, feet to a point; Thence continuing with the line of the land of Sunset Business Park, L.L.C. and thence with the line of the land of Herndon Suites, LLC N 61 25' 48" W, 9

10 feet to a point; thence running with the line of Sunset Business Park II, A Condominium (Lot 3A) N 28 42' 12" E, feet to a point; thence running with the line of the aforementioned Sunset Business Condominium S 61 17' 48" E, feet to a point and place of beginning and containing 66,698 square feet or acres of land more or less. And; Parcel A: Beginning at a point lying in the line of Land Unit O Fairbrook Land Condominium, said point being an angle point in the westerly right-of-way of Fairfax County Parkway, State Route Number 286 (width varies); thence running with the line of Lot 5B N 61 25' 16" W, feet to a point: thence running with the land of Herndon Suites, LLC N 28 42' 12" E, feet to a point; thence running with the line of Lot 5A Sunset Business Park the following three courses and distances: 1. S 61 25' 48" E, feet to a point; 2. Thence N 28 08' 12" E, feet to a point; 3. Thence S 66 57' 39" E, feet to a point; Thence continuing with the line of Lot 5A and thence with the line of Sunset Business Condominium N 28 08' 11" E, feet to a point; thence running with the southerly right-of-way line of Spring Street, State Route Number 675 (width varies) the following two courses and distances: 1. S 47 47' 43" E, feet to a point; 2. Thence S 25 56' 49" E, feet to a point; Thence running with the aforementioned westerly right-of-way line of the Fairfax County Parkway the following five courses and distances: 1. S 15 03' 25" W, feet to a point; 2. Thence S 21 38' 49" W, feet to a point; 3. Thence S 30 48' 58" W, feet to a point; 4. Thence S 25 34' 48" W, feet to a point; 5. Thence S 37 48' 49" W, feet to the point and place of beginning and containing acres or 350,496 square feet of land more or less. B. The official zoning map of the Town of Herndon, Virginia is amended to show this change in use and shall be annotated to indicate the presence of amended proffered conditions on the property described in paragraph A above. C. This rezoning shall be governed by the Town of Herndon Zoning Ordinance, Proffers PCA # dated November 18, 2014 and the Generalized Development Plan signed, revised and sealed November 18,

11 D. The Town Council approves the following modifications to the zoning regulations, as allowed under Section (g)(4): 1. A modification to Section (b)(4)(a) of the Zoning Ordinance to allow the hotel building to be 60 feet (five stories) when the permitted building height in the PD-B, Planned Development-Business, District is 45 feet. 2. A modification to Section of the Zoning Ordinance to allow one loading spaces when three loading spaces are required for other commercial uses with a gross floor area of 100,000 to 160,000 square feet. E. As to the modifications set out in paragraph D above, the Town Council finds that such modification will afford equal or greater assurances of meeting the goals of the zoning ordinance, Town of Herndon, Virginia, as set out in the preamble of that ordinance and the goals of the statement of intent of the PD- B Planned Development Business zoning district. F. The Town Council approves the following waiver: 1. A waiver of Section (j) to permit administrative review of the site plan as allowed at the discretion of the Town Council when a generalized development plan has been submitted. G. As to the waiver set out in paragraph F above, the Town Council finds that this waiver is not adverse to the intent and goals of the zoning ordinance, Town of Herndon, Virginia, as set out in the preamble of that ordinance and the goals of the statement of intent of the PD-B Planned Development Business zoning district. H. This ordinance shall be effective on and after the date of its adoption. [Note: The Proffers PCA #14-01 dated November 18, 2014 and the Generalized Development Plan signed, revised and sealed dated November 18, 2014 are attached for reference.] 11

12 12

13 13

14 14

15 15

16 16

17 17

18 18

19 19

20 20

21 21

22 22

23 23

24 24

25 25

26 26

27 27

28 Ordinance 15-O-02, Chapter 78 (ZONING), Sections (d)(5)g (PD-W, planned development Worldgate district, Use limitations) and (Definitions), ZOTA # Certificates of Publication were filed from the Editor of the Fairfax County Times Newspapers, showing that notices of said public hearing were duly advertised in the Friday December 26, 2014 and Friday January 2, 2015 issues. Mark Holland, Zoning Administrator, presented the staff report and a PowerPoint dated January 13, which is on file in the Town Clerk s office. He stated that the proposed ordinance would allow new signage in the Worldgate Centre s mixed-use development. He reviewed the locations and proposed modifications to the existing signs, which would make the signs more modern looking and would match the façade of the shopping center. He stated that the new signs would be approximately the same sizes and dimensions as the current signs and would be more consistent with signs throughout the town. Mr. Holland emphasized that the proposed ordinance would move language from the general sign ordinance to the planned development-worldgate (PD-W) section of the zoning ordinance. There was discussion between Council and staff regarding the proposed ordinance. In response to a query from Councilmember Singh, Mr. Holland stated that the proposed ordinance would apply to signs in the PD-W zoning district only. He stated that the Architectural Review Board (ARB) would have final approval on the appearance of the signs. Sara Mariska of Walsh, Colucci, Lubeley & Walsh, PC, 2200 Clarendon Boulevard, Arlington (applicant s agent), reviewed the application and stated that one of the goals of the improvements was to guide more customers to the parking garage. Following the public hearing (there were no comments from the audience), Councilmember Kirby moved Ordinance 15-O-02 for approval. This motion was seconded by Councilmember Olem. Several members of Council expressed support for the proposed ordinance. With the concurrence of Council, Mayor Merkel requested staff to move toward simplifying the zoning ordinance language related to signs, using this ordinance as an example. The Zoning Administrator responded that the structure of this ordinance could serve as a model for the zoning ordinance rewrite, related to signs. The question was called on the motion, which was approved by a 6-0 vote, as follows. The vote was: Councilmembers Kirby, Mitchell, Olem, Singh, Wolf, and Mayor Merkel voting Aye. Vice Mayor Baker was absent. 28

29 Ordinance 15-O-02, Amending the Zoning Ordinance (2007) to provide language for signs permitted within the Planned Development Worldgate, PD-W, zoning district, ZOTA # In adopting this zoning ordinance the Town Council has considered the factors set out in , Code of Virginia (1950), as amended. BE IT ORDAINED by the Council of the Town of Herndon that: 1. Subsection (d)(5)g., Zoning Ordinance (2007), Herndon Town Code (2000), as amended, is amended and re-ordained as follows: Sec Additional development standards for planned development districts. *** (d) PD-W, planned development Worldgate district. This district applies exclusively to the Worldgate development as approved by the Fairfax County Board of Supervisors and accepted under the town's zoning and planning authority on January 2, Where conflict may arise between the provisions of this section and other provisions of this chapter, the provisions of this section shall govern. (5) Use limitations. *** *** g. Signs shall be permitted only in accordance with the provisions of section , sections through , signs, other applicable sections of this chapter, and as described in 1.i. below. Signs existing on January 2, 2005 and developed in accord with the provisions of article 12 and article 11 of the Fairfax County Zoning Ordinance shall be deemed legal and conforming with respect to this chapter. Notwithstanding the provisions of section , the following signs shall be permitted for any multi-tenant mixed-use development in the PD-W District: 29

30 1. Freestanding Signs i. Main Project Identification Sign One project identification sign is permitted at the intersection of Centreville Road and Worldgate Drive. This sign shall be no greater than twenty feet in height, including the base, with a maximum sign area of one hundred fifty square feet. ii. iii. Project Monument Signs Project monument signs are permitted at the west and east vehicular access points along Worldgate Drive and shall be no greater than fifteen feet in height, including the base, with a maximum sign area of seventy-five square feet. One side of each of the project monument signs may be a theatre marquee. Theater marquees shall display static content for a period of no less than ten seconds per image. No special effects, including but not limited to cascading, twirling, fading or animation of images, letters or numbers shall be displayed. Directional Monument Signs Four directional monument signs are permitted to be located throughout the Worldgate property. The directional monument signs shall be no greater than five feet in height with a maximum sign area of ten square feet. iv. Column Directional Signs Two column directional signs are permitted to be located at the internal garage entrance ramp. The column directional signs shall be no greater than sixteen feet in height and shall be permitted to have up to four sign faces, with each face permitted a maximum sign area of thirty-five square feet. 2. Wall Signs i. Garage-Mounted Blade Sign One garagemounted blade sign is permitted at the signalized entrance on Worldgate Drive. The garagemounted blade sign shall be no greater than thirteen feet in height with a maximum sign area of forty square feet. 30

31 j. Garage-Mounted Directional Signs Two garagemounted directional signs are permitted at the signalized entrance on Worldgate Drive. The garage-mounted directional signs shall each have a maximum sign area of twenty square feet. k. Building-Mounted Parking Signage One building-mounted parking sign is permitted at the pedestrian garage access at the signalized entrance along Worldgate Drive. The building-mounted parking sign shall be permitted a maximum sign area of twenty-five square feet. *** 2. Section , Definitions, Zoning Ordinance (2007), Herndon Town Code (2000), as amended, is amended and re-ordained as follows: Sec Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section. [insert in alphabetical order] *** Sign, blade. Any sign that projects in a perpendicular manner from a building façade. 3. This ordinance shall be effective on and after the date of its adoption. Ordinance 15-O-03, Chapter 70 (SUBDIVISIONS OF LAND), Sections (Preliminary subdivision plan) and (Subdivision site plan), SOTA #14-02 Certificates of Publication were filed from the Editor of the Fairfax County Times Newspapers, showing that notices of said public hearing were duly advertised in the Friday December 26, 2014 and Friday January 2, 2015 issues. Mark Holland, Zoning Administrator, presented the staff report dated January 6, which is on file in the Town Clerk s office. He stated that the 2014 General Assembly removed the town s power to require a preliminary subdivision plat for developments of 50 or fewer lots. He stated that a preliminary subdivision plat involving more than 50 lots would continue to require review and approval prior to the final subdivision plat and subdivision site plan. The sub-divider would have the option to take the preliminary *** 31

32 subdivision plan through the public hearing process. He stated that the proposed ordinance would align the town code to the state s legislative action. In response to a query from Mayor Merkel, Richard B. Kaufman, Town Attorney, stated that even if the Council did not pass the proposed ordinance, it would be the law in the town, since the state law would prevail. There was brief discussion between Council and staff on this item. Following the public hearing (there were no comments from the audience), Councilmember Olem moved Ordinance 15-O-03 for approval. This motion was seconded by Councilmember Wolf. Councilmember Singh expressed opposition to the proposed ordinance and stated that all preliminary plans should be subject to the public process. The question was called on the motion, which was approved a 5-1 vote, as follows. The vote was: Councilmembers Kirby, Mitchell, Olem, Wolf and Mayor Merkel voting Aye. Councilmember Singh voting No. Vice Mayor Baker was absent. Ordinance 15-O-03, Amending the Subdivision Ordinance to eliminate the requirement for a preliminary subdivision plat for subdivisions involving 50 or fewer lots, pursuant to changes made by the 2014 General Assembly; SOTA # In adopting this ordinance, the Town Council has considered the factors set out in , Code of Virginia. BE IT ORDAINED by the Council for the Town of Herndon that: 1. Section , Preliminary subdivision plan, Subdivision Ordinance (2007), Herndon Town Code (2000), as amended, is amended and re-ordained as follows: Sec Preliminary subdivision plan. (a) Purpose. A preliminary subdivision plan involving more than 50 lots is reviewed and approved prior to the subdivider's preparation of a final subdivision plat and subdivision site plan. The review process shall be governed by the provisions of the zoning ordinance, Herndon Town Code section (d), site plans that require a public hearing. A subdivision site plan for this purpose constitutes a subdivision plat, not a site plan. For subdivisions involving 50 or fewer lots, the subdivider at the subdivider s option may undergo the preliminary subdivision plat process required for subdivision of more than 50 lots. If the subdivider does not exercise this option, the subdivider shall proceed to the final subdivision plat process. After approval of the preliminary subdivision plan by the town council, if necessary (or if not necessary, in any event), the applicant shall submit a final 32

33 subdivision plat and subdivision site plan for review and consideration prior to site development. The subdivider may submit a final subdivision plat and a subdivision site plan as the preliminary subdivision plan. (d) Validation of approved preliminary subdivision plan. Within 90 days of approval by the town council of a preliminary subdivision plan if necessary, the subdivider shall submit five copies of the approved preliminary subdivision plan to the subdivision administrator for validation. The plan shall show all features as approved and shall include a copy of the certified town council resolution approving the plan, if necessary. The subdivision administrator shall review the plan, if applicable, require corrections if necessary, and sign five copies of the correct plan. One signed copy shall be returned to the subdivider. 2. Section , Subdivision site plan, Subdivision Ordinance (2007), Herndon Town Code (2000), as amended, is amended and re-ordained as follows: Sec Subdivision site plan. (a) Purpose. A subdivision site plan shall be submitted and approved prior to approval of the final subdivision plat and deed. The subdivision site plan shall be consistent with any valid preliminary subdivision plan as approved by the town council if necessary and shall be approved, if it is approved, administratively. The subdivision site plan shall be submitted and reviewed concurrently with a final subdivision plat and deed. If no preliminary site plan is required, the subdivider shall submit the subdivision site plan, final subdivision plat, and deed. *** *** (b) Submittal. (1) The subdivider shall, after receiving approval of a preliminary subdivision plan if necessary or a proffered generalized development plan, submit a subdivision site plan that conforms to the standards and requirements described in section (c). Submittal of the subdivision site plan shall include the items described in the zoning ordinance, Herndon Town Code, Section , submittal requirements. 3. This ordinance shall be effective on and after the date of its adoption. *** 33

34 Ordinance 15-O-04, Chapter 78 (ZONING), Section (Nonconforming structures), ZOTA #14-04 Certificates of Publication were filed from the Editor of the Fairfax County Times Newspapers, showing that notices of said public hearing were duly advertised in the Friday December 26, 2014 and Friday January 2, 2015 issues. Mark Holland, Zoning Administrator, presented the staff report dated January 6, which is on file in the Town Clerk s office. He stated that the proposed ordinance would be similar to the last item, in that the town was conforming its code to a state law adopted by the 2014 General Assembly. He stated that this amendment would provide language to determine the status of nonconforming structures constructed pursuant to a building permit and certificate of occupancy. He reviewed the details of the proposed ordinance, as provided in the staff report. Following the public hearing (there were no comments from the audience) Councilmember Olem moved Ordinance 15-O-04 for approval. This motion was seconded by Councilmember Kirby. There were comments from Council on the proposed ordinance. The question was called on the motion, which was approved by a 6-0 vote, as follows. The vote was: Councilmembers Kirby, Mitchell, Olem, Singh, Wolf, and Mayor Merkel voting Aye. Vice Mayor Baker was absent. Ordinance 15-O-04, Amending the Zoning Ordinance to determine the status of nonconforming structures constructed pursuant to a building permit and a certificate of occupancy to conform to changes made by the 2014 General Assembly; ZOTA # In adopting this ordinance, the Town Council has considered the factors set out in , Code of Virginia. BE IT ORDAINED by the Council for the Town of Herndon that: 1. Subsection , Nonconforming structures, Zoning Ordinance (2007), Herndon Town Code (2000), as amended, is amended and re-ordained as follows: Section Nonconforming structures. *** (f) Notwithstanding any other provision in this chapter to the contrary, if (i) the town has issued a building permit, the building or structure was thereafter constructed in accordance with the building permit, and upon completion of construction, the town issued a certificate of occupancy or a use permit therefor, or (ii) the owner of the building or structure has paid taxes to the town for such 34

35 building or structure for a period of more than the previous 15 years, such building or structure is not illegal and subject to removal solely due to such nonconformity. Such building or structure shall be nonconforming. Such building or structure shall be brought in compliance with the Uniform Statewide Building Code, provided that to do so shall not affect the nonconforming status of such building or structure. 2. This ordinance shall be effective on and after the date of its adoption. Resolution 15-G-02, Comprehensive Plan Amendment CPA #14-01, Fairbrook Drive Extension, to consider an amendment to the Town of Herndon 2030 Comprehensive Plan to include the addition of the Fairbrook Drive extension to the Town of Herndon Proposed Major Street Network Map. This plan amendment will also make minor changes to the appropriate plan text (Chapter IX Transportation) in order to reference the concept of the Fairbrook Drive extension Certificates of Publication were filed from the Editor of the Fairfax County Times Newspapers, showing that notices of said public hearing were duly advertised in the Friday December 26, 2014 and Friday January 2, 2015 issues. Roger Dindyal, Planner, presented the staff report and a PowerPoint dated January 13, which are on file in the Town Clerk s office. He stated that the proposed resolution would amend the town s 2030 Comprehensive Plan. The amendment would add the extension of Fairbrook Drive to the Major Street Network map and would add text listing this street extension to Chapter 9 of the Comprehensive Plan. He reviewed the location and history of the Fairbrook Drive extension, along with the proposed language. He stated that the approval of the proposed resolution would allow for further studies, county and state cooperation and the possibility that the Fairbrook owners would build the road. Following the public hearing (there were no comments from the audience) Councilmember Olem moved Resolution 15-G-02 for approval. This motion was seconded by Councilmember Wolf. There were comments from Council on the proposed ordinance. The question was called on the motion, which was approved by a 6-0 vote, as follows. The vote was: Councilmembers Kirby, Mitchell, Olem, Singh, Wolf, and Mayor Merkel voting Aye. Vice Mayor Baker was absent. Resolution 15-G-02, to amend the Proposed Major Street Network map and Chapter IX text incorporating Comprehensive Plan Amendment, CPA #14-01, Fairbrook Drive Extension. WHEREAS, the Town of Herndon, Virginia 2030 Comprehensive Plan was adopted August 12, 2008; and 35

36 WHEREAS, WHEREAS, WHEREAS, the Planning Commission completed a five year review of the comprehensive plan as amended to date, in accord with the requirements of the Code of Virginia, the findings of which were accepted by the Town Council on December 10, 2013; and the concept and general alignment of a new major collector street link consisting of an extension of existing Fairbrook Drive to complete a connection to Spring Street at the signalized intersection with the Fairfax County Parkway exit ramp near the southeastern town limits was recommended for inclusion into the Proposed Major Street Network Map; and the Planning Commission has further reviewed this roadway connection, CPA #14-01, Fairbrook Drive Extension, in accord with section of the Code of Virginia and has recommended by resolution approval of CPA # NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Herndon, Virginia hereby approves CPA #14-01, Fairbrook Drive Extension, amending the Proposed Major Street Network Map and Chapter IX text of the Town of Herndon 2030 Comprehensive Plan. Ordinance 15-O-05, Chapter 54 (Personnel, Section (Disclosure by town officers and employees) A certificate of Publication was filed from the Editor of the Fairfax County Times Newspapers, showing that notice of said public hearing had been duly advertised in the Friday January 2, 2015 issue. Richard B. Kaufman, Town Attorney, presented the staff report dated January 6, which is on file in the Town Clerk s office. He stated that currently, specific employees and officers of the town were required to file Statement of Economic Interests disclosure forms annually. State law would now require that these employees file such forms twice a year, on June 15 and December 15. He stated that the proposed ordinance would apply to staff members only and that the Mayor and Town Council are required to file disclosure forms directly by state law. Councilmembers are required to file a disclosure as a condition of assuming office as well. This ordinance would conform the town code to state law. In response to queries from Mayor Merkel, Mr. Kaufman confirmed that the substantial change was that the disclosures would now be reported twice per year. He stated that the General Assembly also made this reporting change for the Mayor and Town Council, but that would fall under state law, not local ordinance. Following the public hearing (there were no comments from the audience) Councilmember Kirby moved Resolution 15-O-05 for approval. This motion was seconded by Councilmember Olem, which was approved by a 6-0 vote, as follows. The 36

37 vote was: Councilmembers Kirby, Mitchell, Olem, Singh, Wolf, and Mayor Merkel voting Aye. Vice Mayor Baker was absent. Ordinance 15-O-05, Amending the provisions on disclosure by town officers and employees to conform to state law changes requiring Statement of Economic Interests disclosure forms to be filed semiannually instead of annually. BE IT ORDAINED by the Town Council of the Town of Herndon that: 1. Section , Disclosure by town officers and employees, Herndon Town Code (2000), as amended, is amended and re-ordained as follows: Sec Disclosure by town officers and employees. As a condition to assuming office or employment, the town manager, the director of finance, the director of parks and recreation, the director of public works, the director of community development, the chief of police, the director of information technology, the director of human resources, the director of golf, and the town attorney shall each file, under oath or affirmation, a disclosure statement of personal interests and other information as is specified on the form set forth in Code of Virginia, The town clerk shall distribute the statement of economic interest form semi-annually to the designated individuals at least twenty days prior to the filing deadlines. The statements shall be filed semi-annually on or before June 15 and December This ordinance shall be effective on and after its date of adoption. 8. CONSENT AGENDA On motion of Councilmember Olem, seconded by Councilmember Kirby, the following consent agenda items were approved without comment by a 6-0 vote, as follows. The vote was: The vote was: Councilmembers Kirby, Mitchell, Olem, Singh, Wolf and Mayor Merkel voting Aye. Vice Mayor Baker was absent. Resolution 15-G-03, Initiating consideration of a zoning ordinance text amendment to allow multi-family dwellings as a component of mixed use within the Central Commercial, CC zoning district, the Planned Development Downtown, PD-D zoning district and the Planned Development Traditional Downtown zoning district, PD-TD; ZOTA # BE IT RESOLVED by the Council for the Town of Herndon that: 1. The Town Council initiates consideration of an amendment to the Zoning Ordinance (2007), Herndon Town Code (2000), as amended, to clarify circumstances in which multi-family dwellings may be permitted within the CC, PD-D and PD-TD zoning districts so that 37

38 limitations applicable within the CCD do not apply in the PD-TD and PD-D zoning districts. 2. Public necessity, convenience, general welfare, or good zoning practice requires the Town Council s consideration of this proposed measure. TOWN OF HERNDON, VIRGINIA DRAFT ORDINANCE, 2015 Ordinance- Amending the Zoning Ordinance (2007) to allow multifamily dwellings as a component of mixed use within the Central Commercial, CC zoning district, the Planned Development Downtown, PD-D zoning district and the Planned Development Traditional Downtown zoning district, PD-TD; ZOTA # In adopting this ordinance, the Town Council has considered the factors set out in , Code of Virginia. BE IT ORDAINED by the Council for the Town of Herndon that: 1. Subsection (b), Table of principal permitted and allowed uses, Zoning Ordinance (2007), Herndon Town Code (2000), as amended, is amended and re-ordained as follows: Sec Table of principal permitted and allowed uses. *** (b) Table of principal permitted and allowed uses. 38

39 Table of Principal Permitted and Allowed Uses (See Also Table of Permitted and Allowed Accessory Uses and Table of Allowed Temporary Uses and Structures) Notes: 1. P = use permitted in the zoning district 2. SE = use permitted only by special exception (see also section ) 3. A = uses permitted in planned development district when approved as part of a zoning map amendment Use Category Use Type 4. Any principal use allowed or permitted by right in this table is permitted by special exception in the floodplain overlay district, in accordance with section (d)(1) Residential Business Planned Development R-15 R10 RTC RM CCD CS CO O&LI PD-R PD-B PD-TD PD-D Residential Single-family detached dwelling P P A A Duplex dwelling P A A Townhouse dwelling P P A A Townhouse rental residential development P P A Quadruplex dwelling P A A Multi-family dwelling (above the first floor within a mixed use building (in the CCD, only allowed above the first floor and limited to with a maximum of two such dwellings per structure building) Multi-family dwelling (including residential rental townhouses) P P P A A Housing for the elderly P P A A Assisted living for the elderly and persons with disabilities P A A Group home P P P P A A *** 2. This ordinance shall be effective on and after the date of its adoption, and shall apply retroactively on and after December 9, **** 39

40 Resolution 15-G-04, Award of Contract #B-15-07, 397 Herndon Parkway Roof Replacement Project. WHEREAS, WHEREAS, 397 Herndon Parkway Roof Replacement Project is a project in the Capital Improvement Program; and IFB #B-15-07, 397 Herndon Parkway Roof Replacement Project, was advertised on November 13, 2014; and WHEREAS, the following bids were received and opened on December 16, 2014 at a public bid opening: Contractor Bid Simpson Unlimited, Inc. $557,861 CitiRoof Corp. $563,950 Tecta America East LLC $582,270 KGS Construction Services, Inc. $587,026 Function Enterprises, Inc. $593,875 Hermitage Roofing Co., Inc. $679,409 Air Tech Solutions, Inc. $683,000 Autumn Contracting, Inc. $720,000 Custom Roofing, Inc. $740,949 MCA Construction, Inc. $754,500 WHEREAS, WHEREAS, WHEREAS, Simpson Unlimited, Inc. submitted the lowest bid which was found to be responsive and responsible; and staff recommends, in addition to the contract amount, that a contingency of $56,000, which is approximately 10% of the bid, be authorized; and funds to support this contract are available in the Buildings Major Maintenance Account, number 015/0884/441/ NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Herndon, Virginia, hereby awards Contract #B-15-07, to Simpson Unlimited, Inc. for the 397 Herndon Roof Replacement Project in the amount of $557,861. BE IT FURTHER RESOLVED that the Town Council of the Town of Herndon, Virginia, hereby authorizes a contingency of $56,000. BE IT FURTHER RESOLVED that the Town Council of the Town of Herndon, Virginia, hereby authorizes the Director of Public Works to approve contract modifications (change orders) that increase project scope and costs, utilizing the project contingency. **** 40