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HomeMy Public PortalAbout1998_10_13TOWN COUNCIL MEETING MINUTES OF OCTOBER 13, 1998 A regular meeting of the Leesburg Town Council was held on Tuesday, October 13, 1998 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia 20175, Municipal Government Center. The meeting was called to order by Mayor James E. Clem. COUNCILMEMBERS PRESENT Frank Buttery Leonard McDonald Joseph R. Trocino Kristen C. Umstattd B. J. Webb Bob Zoldos Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Director of Planning, Zoning and Development Michael Tompkins Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Kaj Dentler Zoning Administration Brian Boucher Chief of Comprehensive Planning Jerry Mucci Planner Delane Parks Public Information Officer Susan Farmer Town Attorney George Martin Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember Joseph R. Trocino. 2. SALUTE TO THE FLAG was led by Councilmember Kristen C. Umstattd. 3. ROLL CALL all members of the Town Council were present. 4. APPROVAL OF MINUTES MOTION: On motion of Councilmember Buttery, seconded by Councilmember McDonald, the special meeting minutes of September 21, 1998, September 29, 1998, October 7, 1998 and the regular meeting minutes of September 22, 1998 were approved as written. VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None Abstain: Councilmember Zoldos from 4.(b), Councilmember Umstattd from 4.(a), (b), Councilmember Trocino from 4.(b). 5. PETITIONERS Mi. Robbin Roddewig, a resident of 104 Newhall Place, S.W., addressed the Council expressing concern with the high school parking situation and the overflow onto Catoctin Circle causing students to walk in the street. Vice Mayor Webb addressed Mr. Roddewig, stating she has been working with school officials on this problem. Several trailers were added to house additional classes and students and an additional six trailers will be added next year. There is a severe parking problem at the high school. Mr. Brown will prepare a report for Friday's packet. Mr. Roger Durham representing the Loudoun Lacrosse Club addressed the Council in support of the amendment to the Ida Lee Park Master Plan. Mr. Terry McGovern spoke in support of the Ida Lee Park Master Plan remaining as it is currently presented. Ms. Turner Houston, asked the Council to postpone the vote to allow additional notification to the patrons of Ida Lee Park who may not be aware of the proposed amendment. Ms. Houston is in support of open space. Mr. Pete Zorwick, a resident of 353 Stable View Terrace spoke in favor of open space at Ida Lee Park. Mr. Wayne Henderson, a resident of 312 Edwards Ferry Road, spoke in favor of open space at Ida Lee Park. -2- PUBLIC HEARINGS: a. TO CONSIDER #ZM-151 AND SPECIAL EXCEPTION APPLICATION CORNER STONE CHAPEL - Mr. Mucci provided the staff report. #SE-96-08 BY Councilmember Umstattd asked staff to provide information regarding a bill introduced in this year's General Assembly that limits the authority of local governments to take any kind of action including and specifically any zoning actions that would in any way infringe on the free expression of religion. Ms. Umstattd asked, if the bill passed does it have any impact on the Council's dealing with this kind of application? Vice Mayor Webb asked staff to also look at the Supreme Court case from Houston regarding land use, specifically referring to churches. Mr. Steve Stockman, attorney representing Cornerstone Chapel, addressed the Council providing additional information in support of the application. Mr. Stockman pointed out that a number of people present tonight are in support of the application. Mr. Eric Zicht representing the applicant addressed the Council providing additional information with regard to the proposed application. Mr. Kevin Motley a resident of 46615 Carriage Court addressed the Council in support of the application. Ms. Helen Beale a resident of Tavistock Farms addressed the Council in support of the application. Mr. Marty Williams a resident of 516 Beauregard Estates requested additional information on the application and what is being proposed with regard to the schools and traffic. Mr. Gary Hamrick, Senior Pastor of Cornerstone Chapel, addressed the Council stating that the bill Councilmember Umstattd was referring to was passed unanimously by the General Assembly. Mr. Ham_rick stated, "we have a desire to use the property that we own and believe that it will be used to benefit this community. Whether or not you subscribe to the Biblical teaching of our church, you will all recognize the historical benefit churches have in communities. In all the meetings that I've attended and the memos and the application, it could be really narrowed down to one word. Roads. Roads are a huge issue and understandably so. The town is growing by leaps and bounds and roads are an issue. But if we were a developer, a for-profit corporation this application would probably sail through. If we had the money to just build the roads - there has been no complaint in terms of our consistency with town plan or the fact that our church has some how mishandled ourselves in the community. This is an issue about proffers and roads. We are a nonprofit corporation. We are a church. We don't have, what could be estimated to be a million dollars worth of road improvements if we were to do everything that Highpoint had originally proffered. We just don't have that funding and I would like to ask the Town Council to consider the benefit of a church and other non-profit corporations and civic organizations that the benefit can't be measured necessarily in dollars and cents. The benefit can't be measured in terms of asphalt, curbs and gutters. That what we contribute to a community we would like to believe is extremely important to this town. Everybody knows Sycolin Road has to be developed. It is a main artery to Leesburg Airport. Everybody knows that Lawson Road which is Battlefield Parkway has to be developed and our contributions, including the road frontage and the other financial contributions, if calculated out is approximately $300,000 plus dollars - in trying to do our share of what we believe is honestly fair and reasonable with our application. The irony is if we were to wait a few years the town would have to condemn our land, pay us the money and the town build the roads themselves. So it is indisputable that the roadwork needs to be done. I am not embarrassed to ask that this Town Council set a precedent, in a favorable way, for churches and nonprofit organizations and say - we will accept whatever contributions you can make. Beyond that we believe that your contribution is inestimable so we will waive certain road, development issues that may be fairly applied to developers who can pass the expense onto homeowners or the consumer in some way which we can't do. I appeal to your sense of community involvement and help churches and nonprofit organizations to not try to get by with something but to simply recognize we don't have the kind of big dollars to fund huge projects such as this but we would like to be able to worship there and contribute to this community." Councilmember Umstattd asked if Pastor Hamrick, Eric Zicht and staff is comfortable that the road as it currently stands is going to be safe for the school children to travel on? Mr. Zicht stated, he just received the traffic study today from John Callow which shows, at least in the first phase, that it is acceptable with the existing roads. "We have included in our proffers a statement that we will reiterate this traffic study prior to each phase to make sure that the roads are indeed safe. We are not trying to put in anything that would endanger the students or the churchgoers or the existing students at Cool Spring Elementary School." Ms. Vicky Gambrell, a resident of 160 Cedarwalk Circle, addressed the Council in support of the application. Ms. Margaret Kozmoski, a resident of sterling, Virginia, addressed the Council in support of the application. -3- Ms. Wendy Driscoll a Leesburg resident, addressed the Council in support of the application. The public hearing was closed. This matter was referred to the Planning and Zoning Committee of October 20, 1998. Mr. Ray Mauck introduced Ms. Caroline Zackhiest the new Kiwanis Club President. Ms. Zackhiest invited everyone to attend the Halloween Parade on October 3 l, 1998 at 6:00 p.m. b. TO CONSIDER SPECIAL EXCEPTION APPLICATION #SE-98-11 BY PINNACLE TOWERS, INC. Mr. Parks provided the staff report. Mr. Brian Sullivan, the applicant, addressed the Council concurring with the staff report. Mr. Kevin Motley a resident of Sterling, Virginia suggested the Council look into Stealth Technologies which hides towers by placing antennas on water towers tanks and light poles, etc. Councilmember Zoldos asked staff to look into this before the October 20, 1998 Committee meeting. The public hearing was closed. This item was referred to the October 20, 1998 Committee meeting. 7. COUNCILMEMBER COMMENTS Vice Mayor Webb represented the Town of Leesburg at the VML Conference held in Roanoke, Virginia where she attended an intense, three day Mayor's Institute. Ms. Webb thanked everyone for their kind expressions of sympathy on behalf of her father-in-law who passed away this week. Councilmember Zoldos reported that he and Councilmember McDonald met with the Coalition for Leesburg's Future. The Chancellor Street Trail Task Force is moving along and has had good citizen participation. A couple of alternatives to the trail are being proposed. Mr. Zoldos thanked staff who have been very helpful in this process, particularly Kaj Dentler who is doing an outstanding job. Mr. Zoldos pointed out that the skatepark is very popular and successful with the young people. Councilmember Trocino referred to the comments made by citizens regarding passive and active park land in the town and asked that this matter, obtaining additional park land, become the highest priority of the Councils'. It is a high demand issue. Mr. Trocino stated with regard to the Cornerstone Chapel public hearing, "we come carelessly close to bridging our religious institutions first amendment rights when we attempt to deny their use here in our community. I'm not even sure that we have any business requiring special exceptions for religious institutions. I am having nothing to do with this regulation and when these people come back here I will be the first to move the approval of this special exception. We should consider removing some of the requirements from our Zoning Ordinance." Mr. Trocino will replace former Councilmember Emswiller on the Small Cities Counsel of the National League of Cities. Councilmember Umstattd reported that there is perception on the Planning Commission that the Council should revisit the town policy of requiring any property that is more than 500 feet from a parking lot or garage to pay into a parking fund or provide parking spaces. The Planning Commission is under the imPression there may only be 3 small islands in town that are beyond 500 feet and that if we extended the 500 foot limit to 525 feet those 3 islands would be included. This matter will be discussed at the October 20, 1998 Planning and Zoning Committee meeting. Ms. Umstattd reported on an action taken by the NVPDC at her request with consultation of Board of Supervisor Scott York. The NVPDC has traditionally supported giving local governments more authority to manage growth and has been very concerned about the impact of SB 570 on limiting further our authority to manage growth. On September 24, 1998 the NVPDC unanimously passed a resolution and directed that it be forwarded to Delegate Gladys Keating's Committee on growth. The resolution emphasizes to the General Assembly that the impacts of growth are profoundly experienced by Northern Virginia's localities particularly in providing for school construction and renovation and that the NVPDC has for the last decade supported legislation providing local governments with broad authority to enact a range of funding and other tools for meeting the demands of growth and that SB 570 has greatly expanded the definition of vested rights and could adversely affect the ability of localities to meet the demands of growth in accord with community development objectives. The NVPDC authorized the sending of a resolution to the General Assembly calling for the General Assembly to expand local authority to manage growth, to increase state financial support to Northern Virginia for school construction and renovation and to repeal the affects of SB 570. Councilmember Buttery announced that the dedication for the skatepark will be held on October 24, 1998 at 11 a.m. He suggested additional lighting be installed at the skatepark. Mr. Buttery asked for an update on the proposed Sidewalk Master Plan and asked that a meeting be scheduled with the state legislators to discuss the town's 1999 Legislative Program. Mr. Buttery reported on the Thomas Balch Library. Councilmember McDonald disclosed that he met with representatives of Leegate and the Coalition for Leesburg's Future. The EAC would like to schedule a meeting with the Town Council. Mr. McDonald, in -4- reference to Councilmember Trocino's comments regarding acquiring additional park land, stated the issue is finding the dollars to buy the additional park land. Mr. McDonald stated he would like to serve on the Inter-Governmental Committee with Loudoun County that Mayor Clem is forming. MAYOR'S COMMENTS - Mayor Clem stated he plans to meet with the Loudoun County Board of Supervisors the first week in November to form the Committee. The skate park is very active and successful. Mayor Clem asked Mr. Dentler to look into an hourly fee. Mayor Clem attended the VML Conference in Roanoke as well as the Mayor's Institute. He thanked Grand Master Eung Gil Choi for the successful "Kick Cancer Out of this World" event held on Saturday. Mayor Clem extended his congratulations to the Loudoun Times-Mirror for celebrating their 200t~ Anniversary and to Starbuck Coffee for their grandopening on October 3, 1998. Mayor Clem toured the Leesburg Premium Outlet Center on October 9, 1998. The grandopening is scheduled for November 9, 1998. Mayor Clem asked Mr. Brown to prepare a briefing on the Y2K concerns. He urged the citizens to participate and attend the upcoming Halloween Parade on October 31, 1998. Mayor Clem suggested a means of Paying parking fines at the Public Safety Center and asked that staff clean up the storage lot near the skate park to allow for additional parking. Councilmember Zoldos stated the Parks and Recreation Commission would like to meet with the Town Council as soon as possible to discuss many issues. Councilmember Trocino also requested a meeting with the Town Council on behalf of the LEDC. MANAGER'S REPORT - Mr. Brown reported from the written Activity Report and announced that the Town of Leesburg is the recipient of the Preservation Alliance of Virginia's 1998 Preservation Award, as well as the 19981PMA Award for Excellence. 10. LEGISLATION (a) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Trocino, the following ordinance was proposed and adopted as amended by Councilmember Buttery. 98-0-28 - ORDINANCE - AMENDING LEESBURG ZONING ORDINANCE ARTICLES 3, 8, 11, AND 18 TO DEFINE AND PERMIT ASSISTED LIVING RESIDENCES IN THE R-4 AND R-22 ZONING DISTRICTS WHEREAS, on April 14, 1998, Council initiated and referred Resolution 98-88 to consider amendments to the Town Zoning Ordinance to define, permit and provide appropriate standards for assisted living residences in the Town of Leesburg; and WHEREAS, the Planning Commission considered the amendment at a public hearing on June 18, 1998, and forwarded a recommendation for approval to Council on August 6, 1998; and WHEREAS, the proposed amendment is intended to promote the public health, safety and welfare by providing a greater variety of living facilities for adults who require a moderate level of assistance with the activities of daily living; and WHEREAS, the proposed amendment will further benefit the Town by providing a residential environment with professional care services for the elderly that avoids the institutionalization of a nursing home or hospital while allowing older individuals to remain independent as long as practicable. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. below: The Leesburg Zoning Ordinance is hereby amended to include the text as stated ARTICLE 3 - RESIDENTIAL ZONING DISTRICT REGULATIONS SECTION 3D - R-4: SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT Section 3D-3. SPECIAL EXCEPTION USES (3) Institutional and Community Service Uses d. Assisted Living Residence SECTION 31 - R-22: MULTI-FAMILY RESIDENTIAL ZONING DISTRICT Section 31-3. SPECIAL EXCEPTION USES (3) Institutional and Community Service Uses b. Assisted Living Residence -5- ARTICLE 8. OFF-STREET PARKING AND LOADING REQUIREMENTS SECTION 8A-8. NUMBER OF OFF-STREET PARKING SPACES REQUIRED BY LAND USE (1) Residential Uses. employee. Assisted Living Residence. 1 space per three beds, plus 1 space per ARTICLE 11 - SPECIAL EXCEPTION REGULATIONS Section 11A-7. SPECIFIC REVIEW CRITERIA (22) Standards for Assisted Living Residences in R-4 and R-22 Districts. (a) Minimum lot size shall be two acres. (b) Density shall be as follows: In the R-4 District: 12.5 beds per acre up to a total of 40 beds; in the R-22 district, 20 beds per acm up to a total of 60 beds. (c) The site and structure(s) shall be designed to be compatible with adiacent residential uses. Architectural treatment shall avoid massive, monolithic and repetitive building types and facades. Building elevations and architectural details sufficient to show compatibility with the residential character of the neighborhood shall be submitted for approval. (d) No habitable structure shall be located closer than forty (40) feet from the property line of an adiacent lot. (e) No parking, driveway or service area shall be located closer than twenty (20) feet to a side or rear property line. Twenty percent (20%) of required parking shall be paved with reinforced grass "paver block" to minimize the visual impact of the parking area and maximize the pervious area. (f) Any service area shall be located and designed to minimize its visibility from off-site. (g) Parking located in front of an Assisted Living Residence shall be limited to visitors only; employee parking shall be located on the side or in the rear of the building. (h) Open Space. In the R-4 District, a minimum of forty percent (40%) of the gross acreage of a site developed for an Assisted Living Residence shall be maintained as open space; in the R-22 District a ,minimum of thirty percent (30%) of the site shall be maintained as open space. (i) An Assisted Living Residence must have frontage on, and access to, a through collector road or a road with a higher Town transportation functional classification. ARTICLE 18. DEFINITIONS ASSISTED LIVING RESIDENCES A type of adult care residence licensed by the Virginia Department of Social Services which provides a level of non-medical supportive service for adults who may have physical or mental impairments and require at least moderate assistance with the activities of daily living. SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not effect the validity of the ordinance as a whole or any remaining provisions of the Zoning Ordinance. SECTION IV. This ordinance shall be in effect upon its passage. DISCUSSION: Councilmember Umstattd stated she will be voting against the proposed legislation, her concern having nothing to do with the applicant's intentions. Ms. Umstattd expressed concern that the Council is making a fundamental change to the Zoning Ordinance in a district that is spread throughout the town and whereas most of the time the Zoning Ordinance permits the Council to control the use, but in this case the use of these properties should they come into play is going to be entirely dependent on a state definition which can be changed. The need for these types of facilities will certainly increase and the Zoning Ordinance currently permits these kinds of facilities to be incorporated if it is for the elderly. This kind of facility under the State Code is going to encompass a good bit more than the care of the elderly. It would be the care for any adult over the age of 18 who has a mental or physical impairment. VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Webb, Zoldos and Mayor Clem Nay: Councilmember Umstattd CONSENT AGENDA 10. (b), (c), (d), (e), (f), (g), (h), (i) -6- MOTION: On motion of Councilmember Umstattd, seconded by Vice Mayor Webb, the following resolutions were proposed as consent items and adopted. 98-224 RESOLUTION - AUTHORIZING THE PURCHASE OF PARKING CONTROL EQUIPMENT FROM WHITTAKER BROTHERS BUSINESS MACHINES 98-225 - RESOLUTION - APPROPRIATING ADDITIONAL FUNDS FOR REPLACING THE HVAC COMPRESSOR LOCATED ON THE FAA AFSS BUILDING 98-226 - RESOLUTION - APPROPRIATING ADDITIONAL FUNDS FOR THE TAXIWAY RELOCATION AND APRON EXPANSION PROJECT 98-227 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR KINCAID FOREST SECTION 10B 98-228 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR RIVER CREEK PHASE III, SECTION 6 98-229 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND 'APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT WOODLEA MANOR, PHASE 2 98-230 - RESOLUTION - AUTHORIZING TO RELEASE CENTRAL LOUDOUN LITTLE LEAGUE, INC., FROM ITS RESPONSIBILITIES AT ROBINSON PARK BASEBALL FIELD, AND AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF Loudoun, VIRGINIA, FOR THE USE OF ROBINSON PARK BASEBALL FIELD 98-231 - RESOLUTION - RENAMING THE HARRISON STREET AND LIBERTY STREET PARKING LOTS VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None REGULAR AGENDA 10. (j) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Zoldos, the following resolution was proposed and adopted. 98-232 - RESOLUTION AUTHORIZING APPROVAL OF AN AMENDMENT TO THE IDA LEE PARK MASTER PLAN WHEi*,EAS, the Parks and Recreation Department proposed an amendment to the Ida Lee Park Master Plan; and WHEREAS, the Parks and Recreation Department recommended an amendment to convert the planned baseball fields to soccer and lacrosse fields; and WHEREAS, the Parks and Recreation Advisory Commission endorsed the proposed amendment to the Ida Lee Park Master Plan; and WHEREAS, the Town Council held a public hearing on the proposed amendment to the Ida Lee Park Master Plan on September 22, 1998; and WHEREAS, the Town Council Planning Zoning Committee has recommended approval of the proposed amendment to convert the planned baseball fields to soccer and lacrosse fields at Ida Lee Park. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Council of the Town of Leesburg hereby approves an amendment to the Ida Lee Park Master Plan to convert the planned baseball fields to soccer and lacrosse fields. VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None -7- 11. NEW BUSINESS 11. (k) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Trocino, the following resolution was proposed and adopted. 98-233 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PROFFER AND SPECIAL EXCEPTION CONDITION GUARANTEE FOR COMPLETION OF IMPROVEMENTS TO FORT EVANS ROAD WHEREAS, in the approved rezoning plan for the Leesburg Corner Outlet Center (gZM-150), the applicant Chelsea G.C.A. Realty, Inc. ("Chelsea"), proffered specific public road improvements to Fort Evans Road to be constructed prior to development of more than 305,000 square feet of uses on the outlet center property; and WHEREAS, in the approved special exception plan for Uniwest (gSE-98-01), the applicant Uniwest Construction, Inc. ("Uniwest") accepted conditions requiring specific public road improvements to Fort Evans Road to be approved and bonded prior to approval of the first development plan on the shopping center property; and WHEREAS, Chelsea requests approval of a proffer guarantee for such public improvements in order to proceed with development of the second phase of the outlet center exceeding 305,000 square feet; and WHEREAS, Uniwest requests approval of a special exception condition guarantee for such public improvements in order to proceed with development of the shopping center; and WHEREAS, Section 15.2-2299 and Section 15.2-2286 of the Code of Virginia authorize the zoning administrator to enforce conditions attached to a special exception and a zoning map amendment by requiring a guarantee, satisfactory to the governing body, in an amount sufficient and conditioned upon the construction of any physical improvements required by the conditions; and WHEREAS, Section 13-92(a)(3) and Section 13-92(a)(4) of the Subdivision and Land Development Regulations provide the authority to accept bonding for improvements proffered as part of any zoning map amendment and special exception condition; and WHEREAS, Section Zoning Ordinance Section 1 IA-6(9) of the Zoning Ordinance provides the authority to accept bonding for improvements conditioned as part of any special exception approval; and WHEREAS, the Town Council ("Town") has determined that a cash guarantee satisfies the meaning and intent of Proffer g3(b) of gZM-150 and Paragraph g 1 under Traffic Impact Study of gSE-98- 01, and will ensure the timely completion of the specified improvements. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town manager is authorized to execute the Agreement attached hereto to guarantee the construction of public road improvements as set forth in Proffer g3(b) of gZM-150 and Paragraph gl under Traffic Impact Study ofgSE-98-01 by and between the Town, Chelsea and Uniwest. The Agreement is in a form approved by the Town Attorney. VOTE: Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem Nay: None On motion of, and duly seconded, the meeting was adjourned at 10:40 p.m. /~atnes E. Clem, Mayor Clerk of Council