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HomeMy Public PortalAbout2001_10_10Council Meeting October 10, 2001 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Webb presiding. Councilmembers Present: Mervin Jackson, Leonard McDonald, David Schmidt, Vice-Mayor Kristin Umstattd, Robert Zoldos and Mayor B. J. Webb. Councilmembers Absent: George Atwell Plannina Commissioners Present: Chairman Clifton Vaughan, Lawrence Schonberger, William Zawacki, Charlotte Cable, Lyle Werner, and Teresa Minchew Staff Members Present: Bob Noe Town Manager, William Donnelly Town Attorney Director of Engineering and Public Works Tom Mason, Acting Director of Planning, Zoning and Development Lee Phillips, Chief of Police Joe Price, Zoning Administrator Brian Boucher, Chief of Comprehensive Planning Randy Hodgson, Tourism Coordinator Marantha Edwards, Assistant to the Town Manager Nicole Ard, and Clerk of Council Judy Ahalt. AGENDA ITEMS A. INVOCATZON: Councilmember Jackson. B. SALUTE TO THE FLAG: Boyscout Troop 953 from Hamilton, Virginia. C. ROLL CALL showing Councilmember Atwell absent. D. MTNUTES On a motion by Councilmember Zoldos, seconded by Councilmember Jackson, the minutes of the September 24, 2001 and September 25, 2001 meeting were approved with Councilmember McDonald abstaining on the September 24th minutes. Presentations a. Certificate of Recognition - Perry Ballard Mayor Webb presented a certificate to Perry Ballard in recognition of his achievement as the World Boxing Federation America's Welterweight Champion. b. Proclamation - Hispanic Heritage Month Mayor Webb presented a proclamation to Maria Vasquez, Program Manager with Mothernet Healthy Families of Loudoun in recognition of the achievements and contributions of Hispanics in this county. F. Petitioners Susan Horne, 1429 Hague Drive, addressed Council with reference to an upcoming event, "Small Business Awards", to honor the business community on October 23, 2001. Gw Public Hearings a. ZOAM-01-04 - Amendinq the Zoninq Ordinance for the definition of duolex, administrative review in the H-1 district, numbers and Town Council Minutes for October 10, 2001 Page 2 dimensions of off-street oarkina spaces, aisle widths, increased buffer reauirements and elimination of the 15 Percent maximum buffer yard limitation - Joint Public Hearinq with the Planninq Commission Brian Boucher, Zoning Administrator, outlined the proposed zoning ordinance amendments. Councilmember McDonald verified that passage of these ordinance changes would impact five applications currently in the process. Planning Commissioner $chonberger verified the screening and buffer yard limitation requirements would be reduced by one-third. Planning Commissioner Werner asked for clarification on the H-1 District language. The public hearing opened at 7:50 p.m. Clayton Rich, 313 Edwards Ferry Road, spoke in support of the proposed Zoning Ordinance amendments. Fred Howard, 311 Edwards Ferry Road, spoke in support of the proposed Zoning Ordinance amendments. Tiffany Hawkins, 240 Loudoun Street, spoke in support of the proposed Zoning Ordinance amendments. Tony Roddy, 605 Edwards Ferry Road, spoke in support of the proposed Zoning Ordinance amendments. Ellen Cevini, 321 Edwards Ferry Road, spoke in support of the proposed Zoning Ordinance amendments. Sally Rich, 313 Edwards Ferry Road, spoke in support of the proposed Zoning Ordinance amendments. Mary Tomlin, 315 Edwards Ferry Road, spoke in support of the proposed Zoning Ordinance amendments. Wayne Henderson, 312 Edwards Ferry Road, spoke in support of the proposed Zoning Ordinance amendments. Stacey Gerard, 232 Edwards Ferry Road, spoke in support of the proposed Zoning Ordinance amendments. Nike Banzhaf, 44084 Riverside Parkway, spoke in opposition to the proposed Zoning Ordinance amendments. Mr. Banzhaf stated these eleventh hour zoning amendments use the public process to benefit one group of residents at the expense of a legitimate business. Additionally, Mr. Banzhaf suggested that Town Council observe the grand fathering principals set forth in the 1990 Town Council Ordinance. Town Council Minutes for October 10, 2001 Page 3 The public hearing closed at 8:15 p.m. The Planning Commission convened in the Executive Conference Room to consider a recommendation to Council on these Zoning Ordinance amendments. b. Rise and Shine Daycare (Khalid) Special Exception Nancy Costa outlined this application for a special exception at 108 Pheasant Place to allow a home based childcare center with 12 children. This request if approved would allow a maximum of 5 children less than or equal to 2.5 years of age and 7 children over 2.5 years of age. Ms. Costa stated staff is recommending conditional approval of 9 children with 2 caregivers. There was no Council comment at this time. The public hearing opened at 8:27 p.m. Spencer Ault, counsel for the applicant, addressed Council. Mr. Ault stated Ms. Khalid is licensed through the State. He discussed the two primary concerns of the neighbors - traffic and noise. He added that previous special exceptions have been granted for 12 children in residential neighborhoods. Helen Dollarton., 18660 Potomac Station Drive, addressed Council asking for support of this special exception application. Kristen Winner, 127 Nottoway Street, addressed Council in support of this special exception application. Les Winner, 127 Nottoway Street, addressed Council in support of this special exception application. Harold Looney, 21129 Midday Lane, addressed Council in support of this special exception application. Donna Lewis, 230 Markwood Drive, addressed Council in support of this special exception application. J. E. Wu, 201 Wing Tip Court, addressed Council asking for denial of this special exception request. Beth Brewer, 109 Pheasant Place, addressed Council asking for denial of this special exception request. Bonnie Jacobs, 203 Wing Tip Court, addressed Council asking for denial of this special exception request. Town Council Minutes for October 10, 2001 Page 4 Katrina Stroud, 22 Wilson Avenue, addressed Council in favor of this special exception application. Ann Dobies, 206 Wing Tip Court, addressed Council asking for denial of this special exception request. Eric Carey, 101 Pheasant Place, addressed Council asking for denial of this special exception request. Kent Swartz, 107 Pheasant Place, addressed Council asking for denial of this special exception request. Dennis Shea, 112 Pheasant Place, addressed Council asking for denial of this special exception application. Kenneth Martin, 14 Adams Drive, addressed Council in support of this special exception application. Charles Pope, 105 Pheasant Place, addressed Council asking for denial of this special exception application. Kate Nedrich-Piepenburq, 16 Meadowland Way, addressed Council in support of this special exception application. Denise Petrarca, 132 Goldsworth Terrace, addressed Council in support of this special exception application. Tracy Ertu, 114 Pheasant Place, addressed Council asking for denial of this special exception application. .lanet Hensley addressed Council asking for denial of this special exception application. Barb Burby, 202 Wing Tip Court, addressed Council asking for denial of this special exception application. Laura Carey, 101 Pheasant Place, addressed Council asking for denial of this special exception application. Peter Coppolino, 204 Primrose Court, addressed Council asking for denial of this special exception application. Mr. Coppolino read a letter from Ms. McCarthy from the adjoining Linden Hill Homeowner's Association in opposition to this application. The public hearing closed at 9:55 p.m. Mayor Webb asked staff to verify whether the applicant had special exception approval for her day care business on Nottoway Street. Town Council Minutes for October 10, 2001 Page 5 H. Councilmember Comments CouncJlmember McDonald thanked Chief Price and his staff for their efforts during this time of crisis and encouraged the citizens to stay alert and report anything suspicious to the proper authorities. Councilmember Zoldos wished Planning Commissioner Dave Kennedy a speedy recovery from his recent bypass surgery. He thanked the public for their turnout at the public hearings tonight. He also thanked the Police Department and town staff for the excellent job they are doing to keep our community safe and secure and expressed his concern for our armed forces in harms way. Councilmember .lackson thanked the citizens for their turnout tonight. Vice-Mayor Umstattd extended her thoughts to Dave Kennedy for a speedy recovery. She also thanked the public speakers for their professionalism this evening. Councilmember Schmidt stated he is proud to be American and is behind the President and Country's focus at this trying time. He commented on the Economic Development Commission's efforts to organize a business summit. They will assess the impact of September 11th on tourism and what we can do to provide resources (public and private). Anyone wishing to participate in these efforts should contact Marantha Edwards. Mayor's Comments: Mayor Webb thanked all citizens who voiced their opinions at the public hearings. She stated she attended the Lee Memorial Golf Tournament in memory of Mr. Lee who was a victim of the September ~.1th terrorist attack. Further, she commented that hopefully the Country would become much kinder and more loving. The Mayor reported on the success of the Gallery Walk and thanked the community for their support. She reminded the citizenry of a special meeting of the Town Council on October 11th to discuss annexation issues followed by a closed session and of the 140th Anniversary of the Battle of Balls Bluff on October 21St. J. Town Manager's Report: Bob Noe gave a status report to Council and citizens. He stated that since the events of September 11th the Town has devoted considerable attention and resources to the safety of our citizens, employees and facilities. Chief Price is working on a complete security review of the town government, as well as, expediting the development of a town-wide emergency plan to supplement and compliment Loudoun County's plans. The police department is working closely with federal, state and other law enforcement agencies to ensure that we are kept informed of investigatory and intelligence information. Town Council Minutes for October 10, 2001 Page 6 He added citizens should be more observant in their daily activities. Mr. Noe assured Council that the Town is taking appropriate action to safeguard our assets. Citizens and employees will be kept informed through the media available, including WAGE, WlNC, Cable TV Access Channels 2 and 3 and the DC network stations. K. Legislation ORDZNANCES Planning Commission Vice-Chairman Charlotte Cable advised Council that the Planning Commission on a 4-2 vote recommends approval of the proposed Zoning Ordinance amendments to include a grandfathering provision for those five projects that have been submitted and accepted for review prior to action on these amendments. Further, they encourage these five property owners to exercise flexibility, negotiations, and tradeoffs in coming to terms with significant issues. On a motion by Mayor Webb, seconded by Vice-Mayor Umstattd, the following ordinance was proposed as presented, without a grandfathering provision: ORDINANCE 2001-O-22 Amending the Zoning Ordinance for the definition of duplex, administrative review in the H-! District, numbers and dimensions of off-street parking spaces, aisle widths, increased buffer requirements and elimination of the 15 percent buffer yard limitation Councilmember McDonald made a motion to table action on this ordinance until the next Council meeting. The motion to table failed for lack of a second. The original motion was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 6-0-1 CONSENT AGENDA On a motion by Councilmember Jackson, seconded by Vice-Mayor Umstattd, the following consent motion was proposed: RESOLUTION 2001-164 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for River Creek, Phase VII, Section 3 (Landbay 0). RESOLUTZON 2001-165 Authorizing an agreement and approving a performance guarantee and water and sewer extension permits for Spring Lakes, Phase TT. Town Council Minutes for October 10, 2001 Page 7 RESOLTUION 2001-166 Making a reduction of the performance guarantee for public improvements installed in Northlake, Section 3. RESOLUTION 2001-167 Authorizing a time extension for completion of public improvements and approving a performance guarantee for Potomac Station, Section IA. RESOLUTION 2001-168 Adjusting the Town Council calendar. The consent agenda was adopted by the following vote: Aye: Jackson, McDonald, Schmidt, Zoldos, Vice-Mayor Umstattd and Mayor Webb Nay: None Vote: 6-0-1 REGULAR AGENDA On a motion by Councilmember Schmidt, seconded by Vice-Mayor Umstattd, the following resolution was proposed: RESOLUTION 2001-169 Naming the Route 621 Park - Freedom Park The motion was adopted by the following voted: Yea: McDonald, Schmidt, Vice-Mayor Umstattd and Mayor Webb Nay: Jackson and Zoldos Vote: 4-2- ! The meeting adjourned at 10:25 p.m. B. J. W~ob, May-or - Town of Leesburg A~-I'EST: rl~ of COuncil