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