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