HomeMy Public PortalAbout2000_10_31COUNCIL MEETING October 31, 2000
Council Chambers, 25 West Market Street, 9:00 a.m. Mayor Webb presiding.
Councilmembers Present: George Atwell, Mervin Jackson, Leonard McDonald,
David Schmidt, Kristen Umstattd, Robert Zoldos, and Mayor Webb
Staff Present: Robert Noe, Town Manager, William Donnelly, Town Attorney, Phillip
Rodenberg, Deputy Town Manager, Director of Engineering and Public Works Tom
Mason, Director of Utilities Randy Shoemaker, Chief of Police Joe Price, Director of
Planning, Zoning and Development Michael Tompkins, Deputy Town Manager for
Economic Development John Henry King, Chief of Current Planning Lee Phillips, Zoning
Administrator Brian Boucher, Planner Delane Parks and Clerk of Council .ludy Ahalt.
AGENDA ITEMS
A. Invocation by Councilmember McDonald.
Salute to the Flag by Councilmember Schmidt.
Roll Call showing all members present.
D. Minutes:
On a motion by Councilmember Jackson, seconded by Councilmember
Schmidt the minutes of the October 16, 2000 and October 17, 2000 were approved
with one typographical correction; Councilmember McDonald and Vice-Mayor
Umstattd abstaining on the October 16, 2000 meeting.
E. Presentations:
Mayor Webb presented a certificate of appreciation to Home Depot for their
recent donation of staff and supplies for the cleanup and beautification of old Izaak
Walton Park.
A certificate of appreciation was read in absentee for R. Barry Thompson for
11 years of service to the Town of Leesburg as a Contracts Administrator.
Mayor Webb read the following resolution of respect and presented a copy to
Mr. Curry's family.
RESOLUTION OF RESPECT
ARLCURRY
WHEREAS, Arl Curry died on October 24, 2000; and
WHEREAS, Afl Curry served on the Leesburg Town Council from July
1984 through June 1988; and
WHEREAS, Arl Curry and Katherine Curry donated two acres of property
located west of South King Street on the Washington and Old Dominion Trail to
the Northern Virginia Regional Park Authority, which was later, designated as a
rest area called "Curry's Landing".
Town Council Minutes for October 31, 2000 Page 2
THEREFORE, RESOLVED that the Mayor and members of the Council
of the Town of Leesburg in Virginia extend their deepest sympathy to the
members of Mr. Curry's family.
BE IT FURTHER RESOLVED that this Resolution of Respect is spread
upon the minutes of this meeting and that a copy be sent to his family.
PASSED this 31st day of October 2000.
B.J. Webb, Mayor
F. Petitioners:
AIIdera Hollenbach with the Salvation Army addressed Council thanking them
for their support in the past and enlisted future support.
Public Hearings
A. SE-2000-07 - Royal Self Storage
Lee Phillips outlined this application for a mini-warehouse facility on the
southern side of Ft. Evans Road just east of East Market Street. He stated the
Planning Commission recommended conditional approval of this application on October
19, 2000. He added that this application meets the specific review criteria for a special
exception and as infill development compatible with the adjoining uses.
Mayor Webb asked for an explanation as to why the proposed uses for Parcels
and 2 were removed from the plan.
Mr. Phillips explained the 25 ft. buffer requirements. If you are first to develop
your property you are only required to provide half of the buffer, which is 12.5 feet
and future uses on other parcels will have to provide 12.5 feet. This would comprise
a 25 ft. buffer. He stated that the applicant has agreed to a 20 ft. buffer around the
perimeter of the project.
Mayor Webb questioned if mini-warehouse is a compatible use inside the
bypass.
Mr. Phillips stated that compatibility with surrounding land uses is the biggest
concern. The applicant has committed to a 20 ft. buffer around the perimeter around
the project. Mr. Phillips stated that only one person spoke at the Planning
Commission level and the increased buffer yard satisfied them. Also the applicant has
agreed to provide additional landscaping. The current owner and contractor purchaser
of parcel 2 had concerns with the uses being compatible.
Vice-Mayor Umstattd stated that using landscape buffering to mitigate the use
tells her that the use is not compatible.
Mike Tompkins stated this is a permitted use in the B-2 zoning district. He
added the infill guidelines are extremely vague.
Town Council Minutes for October 31, 2000 Page 3
Thomas Chamberlin, applicant and contractor owner, of the property addressed
Council. He stated this use is compatible with the proposed uses on the other parcels.
He reiterated that he has agreed to numerous conditions with the Planning
Commission such as building height, no mechanical units on the roofs, all storage units
of masonry construction with a-frame roofs, and canopy trees along the bypass ramp.
He added this a quiet use and has almost no traffic generation.
Councilmember Atwell asked the applicant to provide elevation drawings of the
storage buildings.
The public hearing opened at 9:45 a.m.
Joe Kelly, owner of adjacent property on the north, addressed Council. He
supports Mr. Chamberlin's efforts to provide office and retail space on the property but
does take exception to the compatibility of mini-storage units. Mr. Kelly stated that he
has a contract with Hampton Tnn and they have voiced disapproval of the storage units
as a compatible use, adding he is not sure the hotel will go forward with a storage
facility new door.
The public hearing closed at 9:55 p.m.
Mr. Chamberlin addressed Council stating that he would not be available for
the next Council meeting and asked that this item be deferred to the November 28th
Council meeting.
B. ZM-2000-04 - 24 Church Street
Delane Parks outlined this rezoning application for the property located at 24
Church Street from R-HD to B-1 to facilitate the conversion of a single-family
residence to office space. Mr. Parks stated that the Planning Commission concerns
were with the appropriateness of office uses at this location and the increased traffic
of this proposed use. The Planning Commission recommended approval with the
following conditions (1) brick sidewalks, (2) contribution of off-site improvements,
(3) proffering a site distance easement, and (4) revision of the concept plan to depict
an on-site one-way traffic flow.
Mayor Webb expressed concern with the proposed uses on the remainder of
the site when developed.
Councilmember Jackson expressed concern with a development plan for future
development of this site and the fact that it will not come to Council.
Randy Sutliff, attorney for the applicant, addressed Council. Mr. Sutliff stated
the applicant is prepared to go ahead and make the off-site traffic contribution at this
time. With reference to the plans for the rest of the property, the applicant is a
private owner and has no plan at this time to develop the remainder of the property.
Further, he stated that the English boxwoods would probably not survive if they were
trimmed.
Councilmember Zoldos expressed concern with this application not showing
plans for the remainder of the site and the appropriateness of the conversion to office
space.
Town Council Minutes for October 31, 2000 Page 4
Councilmember McDonald stated that possible by-right uses of this site could
be contrary to the goals for the preservation of the historic district. He would like to
see what is specifically planned for the remainder of the site.
Mr. Sutliff stated they will proffer a development plan to come for Council
review for the eastern section of the property.
Councilmember Atwell stated he shares the same concerns. He would like to
know how many single-family or duplex units could fit on the eastern section of this
site.
Mr. Sutliff agreed to work out a proffer that would bring the development/site
plan back to Council for review. Mr. Donnelly suggested proffering the development
plan for the entire site. Also any redevelopment or proposed use of the eastern
portion would require a proffer amendment.
Mr. Parks was asked to provide Council with square footage of what can be
developed on the East side of the property for the November 13th work session. It was
also requested that any town arborist comments be included.
The public hearing opened at 10:35 a.m.
Claire Larson, president of the Exeter Square Homeowners Association,
addressed Council in opposition of this rezoning citing traffic problems and parking
provided not meeting requirements. She requested that if this were to go forward,
only the first floor be allowed for office and the issue of the use of the garage be
addressed. Ms. Larson also expressed concern with the spot zoning issue.
Fred Seim, resident of 12 Church Street and contract purchaser of 106
Cornwall Street, addressed Council. He stated that further expansion of a business
use would be a departure from the objectives of the historic district. Mr. Seim asked
Council to deny this rezoning request and recommended that business uses be
restricted to the first floor and future expansion be restricted to residential uses.
David Frye, 107 Church Street, addressed Council in opposition to this rezoning
citing traffic concerns and the loss of green areas. He also expressed concern with
spot zoning.
Nick Donnangelo, 104 Cornwall Street, addressed Council with his views as a
neighbor. He stated that his goal in purchasing the property was to preserve the
house. He cannot submit a development plan as he has no current plans to develop.
Bill Pittman, 17 Cornwall Street, addressed Council. Mr. Pittman stated he has
heard no significant reason to change the zoning on this property. He stated this
change would have a significant impact on the site and the vagueness of the
application.
The following letter addressed to the Leesburg Town Council was read into the
record.
October 23, 2000
RE: Rezoning Application #ZM-2000-04 - 24 Church Street
Town Council Minutes for October 31, 2000 Page 5
Dear Leesburg Town Council Members:
This is an open letter to you the Town Council members and all persons who
have interest in the rezoning of 24 Church Street. I offer my apologies for being
unable to attend the scheduled meeting on October 31, 2000, but do hope that this
letter will be read for the benefit of all present.
Mr. Nick Donnangelo, purchased this property from me in April of this year,
following the death of my mother Eileen Fry. This purchase was a for sale by owner
deal, thus providing opportunity for much discussion between Mr. Donnangelo and
myself. When first approached by Mr. Donnangelo concerning his interest in the
property, ! ask him why he wanted it. His answer was that he loved the house,
wanted to renovate it, live in it and dare the Loudoun County Government to try and
take it from him. In addition, he indicated on the sales contract that he intended to
use the property for residential use.
As we all know, this property is certainly a prime location for future expansion
of the now under construction court complex and has been included in the many plans
involving future expansion. Surely, it is evident to all that Mr. Donnangelo is
attempting to protect his future interest in the property by obtaining this change in
zoning, not only for it's income producing ability in providing much needed downtown
office, but in order to obtain considerable more money than he has put into it when
the day comes that the Loudoun County government needs the property for
government use.
Do the taxpayers, who's money would be used for that possible purchase want
to see an exorbant amount of money used to pay for it, instead of a price based on a
residential value?
In conclusion, those of us familiar with Mr. Donnangelo, know that had this
property been purchased by the Loudoun County Government (yes, it was offered to
them, but they were unable to move as quickly as Mr. Donnangelo), or by one of the
many lawyers who were interested but backed away because they were afraid that
rezoning may not be approved, that Mr. Donnangelo himself would have the loudest
protestor of this rezoning request.
Please consider this issue closely, and keep future growth and spending in
mind.
Thank you for your time,
Mary ]oe Fox, 36 E. Main Street Middletown, Maryland
The public hearing closed at 11:00 a.m.
Mayor Webb stated that Cornwall Street is one of the most important
residential streets in town. The County has heavily landscaped the court site to lessen
the impact on Cornwall Street. Once we take the first house off Cornwall we will be
setting a precedent that will continue to further blocks of Cornwall.
Councilmember McDonald stated that he shares the same concerns and we
should very cautious about changes.
Town Council Minutes for October 31, 2000 Page 6
Councilmember Zoldos recommended that staff prepare proffer conditions
amendment for consideration for the next worksession.
C. Local Law Enforcements Block Grants for Year 1999 and 2000
funds
Chief Price explained that the Leesburg Police Department is the recipient of a
block grant for the year 2000 in the amount of $12,872 and a yet claimed grant for
1999 in the amount of $11,228. These grants require matching funds, which will be
provided within the existing budget. These funds will provide the department with
equipment that has not been budgeted for.
The public hearing opened at 11:05 a.m.
The public hearing closed at 11:06 a.m.
H. Councilmember Comments.
Councilmember McDonald reported that he had met with the applicant of the
Leesburg Commons project.
Councilmember Zoldos reminded residents of the Halloween Parade at 6:00
p.m. this evening and asked that parents be aware of safety with their children.
Councilmember Atwell challenged Council to participate in the bell-ringing
efforts of the Salvation Army.
Councilmember Jackson reported that Leesburg Commons would be reducing
their site by 85,000.
Vice-Mayor Umstattd echoed Mr. Zoldos' remarks concerning the safety of the
children at the parade. She thanked Kaj Dentler and John Johnson for benches at
Foxridge Park. She also thanked John Henry King for bring Mr. Vaaler to speak with
Council about the Iow office vacancy rate and the retail office mix in Leesburg.
Councilmember Schmidt commented on the very productive meeting of the
Economic Development Downtown Meeting. He asked staff to research a four-way
stop in Woodlea Manor at Moore Place and Meade Drive.
I. Hayor's Comment:
Mayor Webb commended the Key Club, Kiwanis Club, and other service
organizations that have volunteered to help keep children out of the road during the
Halloween parade. She reminded Council of the groundbreaking ceremony for
Shenandoah University at 9:00 a.m. on Thursday, November 2nd, Mayor Webb
reported on a visit to Career Day at Balls Bluff Elementary School.
J. Manager's Report
Bob Noe reported on the recent Council authorization for the sale of
$14,000,000 in bonds. He stated that the bonds would be sold November 1, 2000 via
an electronic biding process.
Town Council Minutes for October 31, 2000 Page 7
Legislation
ORDINANCES
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson,
the following motion was proposed.
ORDINANCE 2000-0-31
ZOAM 00-08 Major Public Utility by Special Exception in the I-1 District
The n~otion was adopted by the following vote:
Aye: Atwell, McDonald, Jackson, Schmidt, Umsattd, Zoldos and Mayor Webb
Nay: None
Vote: 7-0
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson,
the following motion was proposed:
ORDINANCE 2000-0-32
Amending Chapter 12.1 of the Town Code to amend the pay and classification plan
to re-grade the contracts administrator position from Grade 12 to Grade 14.
The motion was adopted by the following vote:
Aye: Atwell, McDonald, Jackson, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 7-0
Orr a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald,
the following motion was proposed:
ORDINANCE 2000-0-33
To amend the Town Code by adding Chapter 5.:IA Cable Television Regulations and
repealing Cable Television Regulations Chapter 5.1
a. Receiving and opening franchise proposals from Cable TV service
providers.
No franchise proposals from Cable TV service providers were received.
The motion was adopted by the following vote:
Aye: Atwell, McDonald, Jackson, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 7-0
On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald,
the following motion was proposed:
ORDINANCE 2000-0-34
Granting a ten-year revocable, non-exclusive cable television franchise to Adelphia
Communications Corporation.
Town Council Minutes for October 31, 2000 Page 8
The motion was adopted by the following vote:
Aye: Atwell, McDonald, Jackson, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 7-0
Mayor Webb and Councilmember McDonald commended the Cable
Commission for all their hard work on this franchise.
Consent Agenda
On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson,
the following consent items were proposed:
RESOLUTION 2000-204
Authorizing the sale of surplus property.
RESOLUTION 2000-205
Authorizing an agreement and approving a performance guarantee and water and
sewer extension permits for Kincaid Forest, Section 12.
RESOLUTION 2000-206
Accepting public improvements, releasing the performance guarantee and approving
a maintenance guarantee for public improvements at Leesburg Corner Premium
Outlets Potomac Station Drive improvements.
RESOLUTION 2000-207
Awarding a contract for construction of the North King Street trail to Atler B. Stanley
& Sons, Inc. in the amount of $131,495.
Tom Mason, Director of Engineering and Public Works, verified this work
would be completed by the end of the year.
RESOLUTION 2000-208
Authorizing time extensions for completion of public improvements and approving
performance guarantees for Potomac Station, Section lB and :LC.
RESOLUTION 2000-209
Authorizing a time extension for completion of public improvements and approving a
performance guarantee for Potomac Station, Section 6H.
RESOLUTION 2000-210
Authorizing time extensions for completion of public improvements and approving
performance guarantees for Potomac Station, Section 2EF, 3AB, and 6A.
RESOLUTION 2000-211
Authorizing an agreement for maintenance of storm water drainage system for
Leesburg Green.
RESOLUTION 2000-212
Authorizing the Town Manager to accept the Bureau of Justice Local Law
Enforcement Block Grant Funds for :L999.
Town Council Minutes for October 31, 2000 Page 9
RESOLUTTON 2000-213
Authorizing the Town Manager to accept the Bureau of Justice Local Law
Enforcement Block Grant Funds for 2000.
These motions were adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 7-0
REGULAR AGENDA
On a motion by Councilmember Jackson, seconded by Councilmember Zoldos,
the following motion was proposed:
RESOLUTION 2000-214
Authorizing a contract between the Town of Leesburg and Hendricks and Associates
to perform a comprehensive pay and classification study at a cost of $42,995.
Mayor Webb verified all positions and departments would be included in this
study.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 7-0
On a motion by Councilmember Schmidt, seconded by Councilmember
Jackson, the following motion was proposed:
RESOLUTION 2000-215
Adopting a 2001 Legislative Program
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 7-0
Phil Rodenberg provided Council information stating that Leesburg's share
under the 50/40/10 formula devised by the Virginia Municipal League would be
approximately 2.5 million.
Councilmember Schmidt asked that a limit be determined for the state tax
relief for seniors.
On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd,
the following motion was proposed:
Town Council Minutes for October 31, 2000 Page 10
RESOLUTION 2000-216
Adopting a Vision Statement, Vision Principles and Operating Guidelines for the
Leesburg Town Council.
Councilmember Jackson amended the motion to accept grammatical changes
as discussed at the October 30th worksession.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 7-0
On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald,
the following motion was proposed:
RESOLUTION 2000-217
Authorizing the Mayor to sign the memorandum of understanding between the
Adelphia Communications Corporation and the Town of Leesburg regarding the
$285,000 from Adelphia Communications Corporation for cable television access
equipment and support.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 7-0
On a motion by Vice-Mayor Umstattd, seconded by Councilmember McDonald,
the following motion was proposed:
RESOLUTION 2000-218
Authorizing the transfer of a cable television franchise from Adelphia
Communications Corporation to Century Cable, LLC.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 7-0
On a motion by Councilmember Zoldos, seconded by Vice-Mayor Umstattd,
the following motion was proposed:
RESOLUTION 2000-219
Awarding a contract to Rhodeside and Harwell Inc. in the amount of $60,000 to
develop a comprehensive 20-year Park, Recreation, and Open Space, Trails, and
Greenways Master Plan.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Town Council Minutes for October 31, 2000 Page 11
Vote: 7-0
L. New Business
On a motion by Councilmember Jackson, seconded by Councilmember
$chmidt, Susan Home was nominated to fill the vacancy on the Economic
Development Commission created by the resignation of Kelly Gower.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 7-0
On a motion by Councilmember Zoldos, seconded by Councilmember
McDonald, Kathleen Pritchard was nominated to fill the vacancy on the Tree
Commission created by the resignation of Jay Frye.
The motion was adopted by the following vote:
Aye: Atwell, Jackson, McDonald, Schmidt, Umstattd, Zoldos and Mayor
Webb
Nay: None
Vote: 7-0
Bob Sevila, representing Leesburg Commons, addressed Council stating
changes to their application have been submitted. He stated that they have a new
landscape plan, changes to the land use plan, reduced the amount of retail, and
increased the amount of office. This necessitates reviewing the traffic impact study
and changing to proffer language. He recommended more time to analysis these
changes.
Mr. Sevila asked that this application be considered for the November 27th
meeting following the worksession agenda.
Mayor Webb asked that staff prepare legislation to cancel the last meeting in
December.
The meeting adjourned at 11:40 a.m.
B..1. W[/bb, Mayor
Town of Leesburg
/erk of Council