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HomeMy Public PortalAbout2001_06_12COUNCIL MEETING June 12, 2001 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Webb presiding. Councilmembers Present: George Atwell (arrived at 8:20 p.m.)~ Mervin Jackson, Leonard McDonald, David Schmidt, Kristen Umstattd, and Mayor Webb. Councilmembers Absent: Robert Zoldos Staff Present: Town Manager Robert Noe, Town Attorney William Donnelly, Deputy Town Manager Phillip Rodenberg, Director of Engineering and Public Works Tom Mason, Director of Planning, Zoning and Development Michael Tompkins, Director of Finance Paul York, Chief of Comprehensive Planning Randy Hodgson, Zoning Administrator Brian Boucher, Planner Nancy Costa, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. Invocation by Mayor Webb. B. Salute to the Flag was led by Councilmember Atwell. C. Roll Call showing Councilmember Zoldos absent. D. I~linutes On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the minutes of the May 7, 2001 worksession and May 8, 2001 regular meeting were approved on a 5-0-2 vote. E. Presentations: None F. Petitioners: Hubbard Turner addressed Council expressing traffic concerns with Bradfield Drive. Mr. Turner asked that traffic counts be taken before and after Bradfield is opened. Public Hearings a. ZM-2000-05 - Amendment to the Approved Potomac Crossinq Rezoninq and Concept Plan and Proffers. Randy Hodgson gave a brief overview of this rezoning application as outlined in the staff report. Mr. Hodgson stated the Planning Commission recommended approval of this application. b. TP-2000-02 - Amendin,q the Land Use Element of the Town Plan for Potomac Crossinq residential and non-residential Density. Randy Hodgson gave a brief overview of this Town Plan amendment as outlined in the staff report. Doug Fleminq spoke on behalf of the applicant. He stated the property has been duly posted and notified. Town Council IVlinutes for 3une 12, 2001 Paqe 2 Mr. Fleming stated inaccurate and misleading information has been distributed to the neighbors. Their proposal for apartments will not increase crime. The proposed office building will be a compatible use. Further he stated that numerous commercial uses have been deleted which were objectionable to the residents of Potomac Crossing Joe Duggan, landscape architect, provided landscape renderings of the proposed apartment buildings and pool. Mr. Fleming asked that any vote by Council on this rezoning and town plan amendment application be delayed until July 10, 2001. The public hearing opened at 7:25 p.m. Jim DeRado, 918 Smartts Lane, addressed Council in opposition to this application citing preservation issues with the entrenchments, increased density and crime. Dale DeRado, 918 Smartts Lane, addressed Council in opposition to the proposed apartments in this application. Robert Andrews, 1406 Garrison Court, addressed Council. IVlr. Andrews voiced concerns with the largest concentration of apartments in the northeast quadrant of Leesburg. Pam Grizzle, 1209 Barksdale Drive, addressed Council in support of this pending application. Ms. Grizzle stated that Arcadia is the only developer who had done something for the Potomac Crossing development. She stated this plan is in the best interest of the development. John Richardson, 1207 Barksdale Drive, addressed Council in support of this application. Mr. Richardson stated the apartments are needed for the increased growth in Leesburg and well as support of an office environment. Don Mattmueller addressed Council in opposition to this application. Mr. Mattmueller stated the majority of the Potomac Crossing residents are opposed to this application. There should be no additional apartments in the northeast quadrant of town. Robin Boyer, 922 Smartts Lane, addressed Council in support of this rezoning application. Rebecca Werner, 912 Smartts Lane, addressed Council in support of this rezoning application. Ross Gottlieb, 1208 Cannon Court, addressed Council in opposition to this application. He commented on the unfairness of the Planning Commission process. Further he had concerns with the changes to this application since it has been recommended for approval by the Planning Commission. Town Council Minutes for June 12, 2001 Paqe 3 Rachel Gottlieb, 1208 Cannon Court, addressed Council in opposition to this application citing traffic issues. Georqe Carrera, 802 Balls Bluff Road, addressed Council in opposition to this rezoning application. He stated there is not a need for additional retail space. Greq IVlitchell, 810 Duncan Place, addressed Council in opposition to this rezoning application. Lisa Speet, representing the Loudoun County Preservation Society, addressed Council. Ms. Speet asked Arcadia to please consider saving the entrenchments and the Old Smartts Mill Road bed during the development process. Evelyn Gavert, 110 Stone Court, addressed Council representing the mom's in the Potomac Crossing community. Ms. Gavert expressed concerns with the traffic that will be generated with the proposed application. Rene Dennis addressed Council in opposition to this rezoning. Mr. Dennis cited the developer is not willing to save the entrenchments and asked that ballfields not be built in the regional park area. Rich Sands, 808 Balls Bluff Road, addressed Council in opposition to this application. He cited traffic concerns. Alicia Wilson., 709 Duff Road, addressed Council in opposition to this application. She was opposed to apartments and an office building. .lay Greeley, 409 ~lames Rifle Court, addressed Council. Mr. Greely suggested further negotiations and a delay of the vote on this application. ,lohn Dennis addressed Council. He asked for innovative ways to save the trenches on this site. Further he asked that a vote be delayed to see if the 106 regulation of Federal Law had been met. Melissa Warner, 101 Field Court, addressed Council in opposition to this application. .lohn Gantt, 602 Duff Road, addressed Council in opposition to this application. He cited traffic concerns and the use of the northeast quadrant for lower income housing. Tom Dunn, 112 Stone Court, addressed Council in opposition to this rezoning application. Carmillea Foster, addressed Council in opposition to this application. Jim Schewer, 832 Balls Bluff Road, addressed Council in opposition to this application. Brad Pearson, 1209 Cannon Court, addressed Council in opposition to this application. Town Council Minutes for June 12, 2001 Page 4 The public hearing closed at 9:06 p.m. Mayor Webb stated a vote would be delayed on this application until July 10, 2001 as requested by the applicant. Councilmember McDonald asked what the expected rental fee would be for the proposed apartments. Mr. Fleming stated they would be upscale apartments renting from $1,000 to $1,300 per month. Councilmember Schmidt verified that the trenches are shown on the current approved plan and that the retail and office is dictated by the mixed- use regulations of the Zoning Ordinance. Councilmember McDonald verified that retail component is a by-right use. Vice-Mayor Umstattd asked staff to investigate whether we are meeting the Sec. 106 Federal Law requirement. Doug Fleming addressed Council with rebuttal to the comments made. Council took a brief recess and reconvened at 10:25 p.m. c. Zoninq Ordinance Text Amendment to the F-1 and FHD districts to reference the last FEMA floodplain map revisions. Brian Boucher stated these text amendments are only to incorporate the latest revisions to the FEMA floodplain map revisions. The public hearing opened at 10:35 p.m. There were no public comments. The public hearing closed at 10:36 p.m. H. Council Comments: There were no comments by Councilmembers Atwell, 3ackson, McDonald, and Schmidt. Vice-Mayor Umstattd congratulated Cindy Melior for receiving the Loudoun County Volunteer of the Year Award. She asked that the Chancellor Street Extension and Fairview Street issue be discussed at the .lune 25th Council meeting. T. Mayor's Comments: Mayor Webb reminded Council the Downtown Meeting would take place at 6:p.m. She also reported on the Bike Trail meeting and the importance of getting the community involved in the design process. 3. Managers Report: None Town Council Minutes for June 12, 2001 Paqe 5 K. Legislation: L ORDINANCE J None I CONSENT AGENDA I On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd the following consent items were proposed: 2001-86 RESOLUTION Making a reduction of the performance guarantee for public improvements installed in Kincaid Forest, Section 11, 2001-87 RESOLUTION Making a reduction of the performance guarantee for public improvements installed in Potomac Station, Section 8B. 2001-88 RESOLUTION Making a reduction of the performance guarantee for public improvements installed in Beauregard Heights, 2001-89 RESOLUTION Requesting Virginia Department of Transportation (VDOT) funding for highway projects within the Town of Leesburg in the Virginia Transportation Development Plan for Fiscal Years 2001-2002 through 2006-2007. The motion was approved by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd and Mayor Webb. Nay: None Vote: 6-0-1 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: 2001-90 RESOLUTION Approving SE-2001-03 by the Leesburg Baptist Church to allow for the placement of three classroom buildings on-site at 835 Lee Avenue, SW, Councilmember McDonald verified the proposed fencing would be three feet in height. The motion was approved by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb, Nay: None Vote: 6-0-1 Town Council Minutes for 3une i2, 2001 Paqe 6 On a motion by Vice-Mayor Umstattd, seconded by Councilmember Jackson, the following motion was proposed: 2001-91 RESOLUT]:ON Authorizing a contract amendment with Black and Veatch in the amount of $350,000 for services during construction of the water treatment plant expansion and making an appropriation from the unappropriated utility fund balance. The motion was approved by the following vote: Aye: Atwell, Jackson, McDonald, $chmidt, Vice-lVlayor Umstattd, and Mayor Webb. Nay.' None Vote: 6-0-1 On a motion by Councilmember IVlcDonald, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2001-92 RESOLUTION Initiating amendments to the subdivision and land development regulations and zoning ordinance regulations to increase review fees. The motion was approved by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb, Nay: None Vote: 6-0-1 L. Boards and Commissions On a motion by Mayor Webb, seconded by Councilmember Jackson, the following motions were proposed: 2001-93 RESOLUTTON Making an appointment to the Airport Commission - Dan Moats 2001-94 RESOLUTTON Making an appointment to the Balch Library Commission - Karen Titus 2001-95 RESOLUTTON Making an appointment to the Board of Architectural Review - Constance Fletcher 2001-96 RESOLUT:[ON Making an appointment to the Cable Television Advisory Commission - Chuck Shotton. 2001-97 Town Council Minutes for June 12, 2001 Paqe ? RESOLUTZON Making an appointment to the Economic Development Advisory Commission - Karen Jones. 2001-98 RE$OLUTTON Making an appointment to the Environmental Advisory Commission - Sandy Kane. 2001-99 RESOLUTZON Making an appointment to the Parks and Recreation Advisory Commission - .lohn Elgin. 2001-100 RE$OLUTTON Making an appointment to the Tree Commission - John Groothuis. The motions were adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb. Nay: None Vote: 6-0-1 On a motion by Councilmember Atwell, seconded by Councilmember Jackson, the following motions were proposed: 2001-101 RE$OLUTTON Making an appointment to the Airport Commission - Tom Nails. 2001-102 RE$OLUTTON Making an appointment to the Balch Library Advisory Commission - Mary E. Tngram. RE$OLUTTON Making an appointment to the Board of Architectural Review - Michael Boyle 2001-103 RESOLUTZON Making an appointment to the Cable Television Advisory Commission - Deborah L. Williams. 2001-104 RESOLUTZON Making an appointment to the Economic Development Advisory Commission - Chuck Thornton. 2001-105 RESOLUTZON Making an appointment to the Environmental Advisory Commission - Patricia White. 2001-106 RE$OLUTZON Town Council Minutes for 3une i2, 200i Page Making an appointment to the Parks and Recreation Advisory Commission - Jane Fellows. The recommendation to make an appointment to the Board of Architectural Review was postponed until the next meeting at the request of Councilmember Schmidt. vote: The motion to make the other appointments was approved by the following Aye: Nay: Vote: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, Mayor Webb. None 6-0-1 On a motion by councilmember Jackson, seconded by Vice-Mayor Umstattd, the following motion was proposed: 2001-107 RESOLUTION Making an appointment to the Leesburg Standing Residential Traffic Committee - Mike Phillips. The motion was approved by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1 M. Other Business On a motion by Councilmember Schmidt, seconded by Councilmember Jackson, the following motion was proposed: 2001-108 RESOLUTION Authorizing settlement of the Stiles Case The motion was adopted by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-Mayor Umstattd, and Mayor Webb Nay: None Vote: 6-0-1 to the public Vice-Mayor Umstattd made a motion to authorize the Mayor to send a letter Department of Environmental Quality formally requesting that DEQ hold a hearing on the Tractebel power plant application in the Town of Leesburg. There was a second to the motion by Councilmember McDonald. Mayor Webb asked whether the DEQ would accept or move forward if the Loudoun County Zoning Administrator indicated this application did not meet the special exception requirements of the 1991 application. Town Council Minutes for June 12, 2001 Page 9 Bill Donnelly recommended that we ask the FCC, DEQ and all other regulatory agencies reviewing the Tractebel application to either dismiss or postpone their consideration of the application until after the zoning issues have been resolved. Mr. Donnelly suggested asking all regulatory agencies to wait on reviewing the case until the appeal process has been completed since the Loudoun County Zoning Administrator has ruled the application does not meet the conditions of the special exception. not be that it He added that he would transmit a separate letter requesting that a hearing held until all zoning issues are resolved and if they go ahead with the hearing be held in Leesburg. Vice-Mayor Umstattd stated she would accept that as a friendly amendment. Councilmember McDonald accepted the amendment to ask the FCC and DEQ to not accept the Tractebel application for the reasons stated. Mr. Donnelly added that when the scheduling order has come out; he will file a motion to dismiss for the same reasons, It was the consensus that a motion should be filed. The motion was approved by the following vote: Aye: Atwell, Jackson, McDonald, Schmidt, Vice-lVlayor Umstattd and IVlayor Webb. Nay: None Vote: 6- 0- :1 Other Business On a motion by IVlayor Webb, seconded by Vice-Mayor Umstattd, the following motion was proposed for a closed session: Pursuant to Section 2.:1-344(A)(3) of the Code of Virginia, The Leesburg Town Council will convene in a closed meeting for discussion of the possible acquisition of property for public purpose. The motion was adopted by the following vote: Aye: Atwell, Jackson, IVlcDonald, Schmidt, Vice-Mayor Umstattd and Mayor Webb. Nay: None Vote: 6-0-:1(Zoldos absent) The Town Council convened in closed session at :1:1:00 p.m. The Town Council reconvened and the following motion was made by Vice-Mayor Umstattd, seconded by Councilmember McDonald: In accordance with Section 2.:1-344.1 of the Code of Virginia, I move that Council certify that to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and such public business matters as were identified in Town Council Minutes for 3une 12, 2001 Paqe l0 the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was adopted by the following vote: Aye: Atwell, .lackson, McDonald, Schmidt, Vice-Mayor Umstattd and Mayor Webb. Nay: None Vote: 6-0-1(Zoldos absent) Council adjourned at 11:20 p.m. .l)~ith'w. Ahalt (7~/erk of Council B..1. W~/bb, Mayor Town ~f Leesburg