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HomeMy WebLinkAbout01-04-05Minutes of the Joint Town Council and Planning Commission meeting held January 4, 2005 at 5:30 p.m. in the Council Chambers of the Municipal Building. There were present: Charles L. Wade, Mayor Council: Jeffrey S. Worrell, Dan Talbert, Jr., Bettye H. Steger, Lane R. Penn John T. Bolen, Joel B. Burchett, Jr. Planning Commission: Katy Kirk, Tim Clontz, Charles Stafford, Nick Glenn, Linda Hall, David Allen Staff: John J. Hawley, Town Manager David N. Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council Sherry Boyd, Finance Director Gary Roche, Police Chief Bill Webb, Fire Chief Brenda Shelton, Administrative Secretary Others: Jim Kulis Tom Ritter Stephen B. White Donna Mabry Randy Turner Zach Terwilliger Andrew Hart Glenn Burkett Lindsey Arehart Arnold Jones Donna Branch Kurt Jenkins Amber Hart Tom DiGiuliam Lynn Loftus Martha Jackson Lynn Cregger Stanley Forest Hope Dalton Betty Quesenberry R. L. Rupe Charles Eversole Dee Dee Edwards Karen Barger Lillie Lambert Jennifer White Carol Wade Jack Martin Bob Henegar Faye K. Hanks Carl E. Hanks Evelyn Aust Donna Travis Connie Chapman Mark T. Vaughn Bob Harman Bill Bryant Barbara Bryant Edna Loftus Virginia Kirkland Ferd Harvey Carolyn Harvey Pamela Hurd Belinda White Ann M. Long Bobbie E. Smith Joe Edwards Brian Agee Tony Hamblin Jonathan Hagee Mickey Seagle Oscar Seagle Jack Martin, Press Mayor Wade called the meeting to order at 5:30 p.m. Councilman Penn led the Pledge of Allegiance and Councilwoman Steger gave the Invocation. Mayor Wade advised that the second Public Hearing would be held at the end of the Council meeting. Planning Commission Chairwoman Kirk called the Planning Commission meeting to order. Brenda Shelton called roll for the Commission and determined that all were present. Mayor Wade acknowledged Corporal R. D. Rucker for his assistance in capturing a suspect under emergency conditions, remaining calm, taking charge, making good decisions and issuing appropriate orders to responding personnel. He congratulated Corporal Rucker on a job well done. Mayor Wade moved on to Public Hearings. He explained that a joint Public Hearing would be held regarding 6 different proposed zoning changes. At the conclusion of the Public Hearing, the Planning Commission would retire to the meeting room to discuss the request. They would then return to the meeting. If a decision had been made, the Commission would give their recommendations to Council. If the Commission could not make a decision during the meeting, they had sixty days from the date of the request to make a decision. Mr. Hawley explained that the proposed amendments had come up since the Zoning Ordinance was last amended in March of 2003. He summarized the six proposed changes that were referred from the Town Council to the Planning Commission. Following Mr. Hawley’s explanations, Mayor Wade opened the Public Hearing. Bob Smith addressed Council regarding the proposed zoning change on Route 11 North from Monroe Avenue to Alum Spring Road to B-2. He advised that he is the owner of property on Route 11. He advised that he had been unable to sell the property since it had been rezoned. He felt that the original zoning was correct and supported changing the zoning back to B-2. Additionally, he encouraged staff to go beyond the legal requirements and notify property owners by regular mail when zoning changes are made. Jennifer White was the next speaker. She spoke of her difficulty in finding a home when she moved here and spoke of the need for some town homes or patio homes in the area. Bill Bryant addressed Council speaking against the R-1 proposal. He questioned why the Zoning Ordinance was being reviewed at this time and opined that much time, thought and research needed to be given to the review of the Ordinance before anything is changed. Donna Travis addressed Council advocating growth in the Town. She requested a swift resolution of the request as the developer needed to act on the project or look for property elsewhere. John Travis applauded the Planning Commission and the Town Council for addressing the zoning issues. He opined that the current zoning limits the growth of the Town. Additionally, in relation to open space, he advised that as the builder of the proposed project, his intent was to have individual single family dwellings with a yard for each one, not a combined open space. Charles Eversole addressed Council inquiring what common open space meant? Additionally, he opined that there was not enough space for more town homes in the Deerfield area and questioned whether the owner would be able to sell them if they were built. Mr. Eversole also complimented Town staff in their work with him Dee Dee Edwards addressed Council speaking for reducing the R-1 minimum lot size. Additionally, she asked hypothetically, if a house burned down on a lot, was the lot grandfathered in relation to zoning or did the owner have to comply with the new zoning ordinance? The Town Manager informed her that the new zoning regulations for set backs took precedence. There being no further comments, the Public Hearing was closed at 6:00 p.m. The Planning Commission adjourned to the meeting room to hold their meeting regarding the Public Hearing. Councilwoman Steger moved to adopt the Consent Agenda consisting of the minutes of December 7 and 14, 2004, seconded by Councilman Penn and carried on voice vote. Mayor Wade moved on to Project Updates. Regarding the Maple Shade Plaza, Mr. Hawley advised that a façade drawing had been received and a cost estimate for their plan. The cost estimate was higher than expected and staff is reviewing ways to cut the cost. He added that staff had met with representatives of the Fine Arts Center and the Raymond F. Ratcliffe Museum on potential layouts for the building. Additionally, Mr. Hawley advised that a grant request is being prepared for a grant that could fund construction for the museum. Moving on to the MacGill Skateboard Park update, Mr. Hawley advised that bids have been received for the park equipment. Staff had requested additional information and were reviewing the bids. Staff hoped to be able to present the site plan by February 18 and the tentative opening was scheduled for March 26, 2005. Mr. Hawley moved on to the Gatewood Park update. He advised that staff had decided to renovate the bathhouse rather than building a new one. Plans are ongoing for the camping pads, and for sewer connections. The opening day for the camp ground has been scheduled for April 2, 2005. This would include the large spaces for the larger rv’s. Mayor Wade advised that the Town had been invited to participate in putting together a two minute video that will be aired in conjunction with the Jamestown “Come Home to Virginia” event. He asked Council to consider which places in the Town that should be high lighted in the video. Mr. Hawley moved on to the update on the New River Trail advising that a picnic kiosk is being installed at Cool Springs which is being paid for with grant money; and that staff is continuing to work on the low water bridge design. Once the design is complete and the necessary permits received, the project will be bid out. Staff hopes to have the project completed by August 1, 2005. Mayor Wade moved on to the right-of-way closing connecting to the16th Street extension. Arnold Jones, Pastor of the Pentecostal Pulaski Church, addressed Council advising that he was out of the country at the time of the Public Hearing held for the right of way connecting to the 16th Street extension closing request. With Council’s permission, he made some comments, speaking in favor of the approval of the request. Mr. Hawley advised that staff met with Mr. Beverly regarding the right of way connecting to the 16th Street extension closing request and discovered that Mr. Beverly would deed to the Town a portion of his property to construct a turn around. He stated that whether the right of way is closed or not, staff feels that the cul-de-sac should be installed. Mr. Beverly also indicated that if the cul-de-sac was installed, that he would have no objection to the right of way connecting to the 16th Street extension closing request. Councilwoman Steger moved to direct the Town Attorney to bring back an Ordinance closing the right of way connecting to the 16th Street extension, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to personal property tax/decal due date. Mr. Hawley advised that staff had been in contact with the legislators and they are aware of the Town’s problem regarding the personal property tax/decal due date. He added that it was still unclear if taxes collected after December 31, 2005 will be counted and if not, the Town could lose approximately $33,000. Due to the one time tax loss if the Town switched due dates for the decals, the dates were not changed. Mayor Wade moved on to Ordinance 2005-04, Adopting Virginia Department of Housing and Community Development contract. Councilman Bolen moved to adopt Ordinance 2005-04, Adopting Virginia Department of Housing and Community Development contract, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye At 6:30 p.m., Mayor Wade called for a break. At 6:45 p.m., the meeting resumed. The first item addressed was the Adelphia franchise agreement. Mr. Hawley advised that staff had received a letter from Adelphia Cable requesting to extend their franchise to December 2005. Staff recommended approving the request, but to begin negotiating the new contract as soon as possible. Councilwoman Steger moved to allow the extension of the Adelphia Cable franchise agreement to December 2005, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to Resolution 2005-01, regarding transportation funding. Mr. Hawley advised that in response to declining transportation funding at the State level, staff recommended adoption of Resolution 2005-01, regarding transportation funding. Councilman Penn moved to adopt Resolution 2005-01, Urging the State to aggressively promote and fund public transit alternatives and provide equity in fundraising for transportation, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item on the agenda was speed limits at Pulaski Elementary School. Mr. Hawley advised that staff felt that the speed limit should be reduced to 45 mph from the corporate limits on Lee Highway (Route 11), to the existing 45 mph near the hospital and from the hospital in the north bound lane to the corporate limits. Also, that a school zone be established on Route 11 with 35 mph limits when flashing signs installed. Following discussion, Councilman Talbert moved to direct the Town Attorney to prepare an Ordinance lowering the speed limit from 55 mph to 45 mph and to 35 mph in the school zone when the lights are flashing, from the eastern intersection of Pleasant Hill Drive to the corporate limits on Route 11, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Abstain Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The next item on the agenda was fire truck assistance. Mr. Hawley advised that staff received a request from Pulaski County to assist with $18,000 shortfall for a “quint” fire truck to be stationed in Dublin. There are no funds available in the current 04/05 budget for this request. Councilwoman Steger moved to deny the fire truck request, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to the New River Valley Development Corporation request. Mr. Hawley advised that the New River Valley Development Corporation had requested a loan from the Town of Pulaski and other participants to cover the final construction payments and to support monthly operating costs. The loan amount would be 6 months at $3,039.36 ($18,236.16) and 12 months at $458.89 ($17,506.69). He added that there were no current funds available in the 04/05 budget for this request. Following discussion, Councilwoman Steger moved to table the request pending receipt of additional information, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye The Planning Commission returned from their meeting and recommended the following for Public Hearing Case 2005-01 regarding zoning amendments: 1. Approval of zoning amendment #1, stating that the term “common open space” is applicable to multi-family and/or single-family attached developments in the R-5 Planned Unit Development district. 2. Approval of zoning amendment # 5, changing B-1 zoning on Route 11 North from Monroe Avenue to Alum Spring Road to B-2. 3. Approval of zoning amendment #6, changing the requirement for a minimum lot width of a townhouse from 18 feet to an average of 18 feet with a minimum width of 16 feet on Table 1, page 69. The following zoning amendments were tabled for further review and study: #2, reducing the R-1 minimum lot size in the R-1 district. #3, consideration of R-2 for inclusion either into the R-1 or R-3 districts with amendments to pertinent provisions as required. #4, reducing the B-2 minimum front setbacks from 50 feet to 24 feet in Table 1, page 69. Regarding Planning Commission Case # 2004-17 ZA, regarding the Deerfield request, the Commission recommended approval with one condition: that the developer provide for a homeowner’s association that will provide for the routine maintenance as set forth by the developer to address the common areas, fence rows and general appearance of the property so as to keep a clean and orderly property in relation to the adjoining property owners. Regarding Planning Commission Case # 2004-18ZA, regarding the planned unit development overlay at English Forest, the Commission recommended approval with the following three conditions: Developer shall be responsible for 15% or $4500, whichever is less, for any road improvement to that portion of English Forest Road connecting the proposed subdivision entrance to Grove Drive. Further that this condition shall only apply to such improvements as may be made within 36 months of the starting date of the developer’s project or March 1, 2005, whichever occurs first. In the event that no improvements are made to the right-of-way prior to March 1, 2008, the developer shall not be responsible for any portion of the roadway improvement costs. That the Developer will provide written notice to such contractors, subcontractors, building material providers, and utility providers as to the best method of entering the project area with the least disturbance and/or disruption of the surrounding neighborhoods. The method of ingress and egress shall be reviewed and approved by the Town of Pulaski Engineering Department. It is understood that enforcement of this condition is limited based on right of use. That the Developer shall make those improvements as detailed in their proposal dated November 2, 2004 with respect to the installation of utilities, roadways, curb & gutter, and the Home Owners Association as set forth with the extension of completion dates being extended 120 days from the date of approval by the Pulaski Town Council. Mr. Hawley advised that at this time Council needed to take action on Ordinance 2005-01. He added that the Ordinance was prepared with all six amendments, however, Council can strike the items that were not acted upon by the Planning Commission. Councilman Worrell moved to adopt Ordinance 2005-01, adopting items 1, 5 and 6 of the amendments to the zoning regulations and zoning Ordinance and striking items 2, 3 and 4, seconded by Councilman Penn and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - No Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to the Public Hearing for Planning Commission Case # 2004-18ZA, a request for a zoning amendment and an amendment to the zoning map for an R-5 Planned Unit Development District overlay to the R-1 District for six acres adjacent to English Forest Road and Travis Lane. He called the Hearing to order at 7:10 p.m. The first person to address Council regarding this case was Dee Dee Edwards of Burgess Realty. She spoke in favor of the development opining that it would be a great asset for the Town, not only for the taxes and water etc., but for the prospect for new businesses or industry that may come to the Town. Lynn Loftus addressed Council, speaking against the proposed development, citing storm water issues and traffic issues. She presented a petition opposing the R-5 overlay to Council. Next, John White, Economic Director, addressed Council opining that both Ordinance 2005-03 and 2005-02 needed to be adopted. He felt that the Town was at a crossroad… that the Town needs new housing, especially for young professionals and for older citizens wishing to downsize. Additionally, that the Town needed to send a signal that the Town is open to investment and development. Next, Mr. Roark addressed Council speaking for the development and encouraging the citizens to have trust in the engineering staff and the governing body to do what needs to be done in the best interest of the Town. Next, John Travis addressed Council. As the developer of the proposed project, he advised that the value of the housing that he proposed to build was higher than most property values in the area. Regarding the concerns about water run off, he advised that he had consulted Mathews and Henegar and that Mr. Henegar was present to discuss those issues. He asked Council to reconsider condition 1 set by the Planning Commission, regarding road improvements. He stated that if that was made a condition of the development, he would meet the condition, however, he felt that if the road does not currently meet state standards, then Council was asking a developer to bring a Town owned road up to state standards, and he did not think that was fair. Mr. Henegar addressed Council and advised that his company had done a preliminary plan on the subdivision. He said that his company’s proposal was to install curb and gutter on the streets and pipe the water to the existing detention pond. He advised that an intel study would show whether the existing pond would contain the water or if the pond would need to be redesigned. Additionally, his plan noted some roof water run off onto the Vaughn property and their proposal included installing trench drains in to allow the water to perk into the ground. Next, Mrs. Hedge addressed Council inquiring if problems occur after the project is completed, who would she report them to? She was told to report any problems to the Town Manager’s office. And finally realtor Connie Chapman commented that when Mack Truck came to Town, that they bought housing elsewhere because the Town did not have housing to accommodate them. She felt that the project should be approved. At 7:30 p.m., there being no further comments, the Public Hearing was closed. Councilman Worrell asked Mr. Travis why he had not chosen to develop the property under the current R-1 zoning? Mr. Travis responded that it doesn’t matter whether he puts four houses or twenty houses, the development costs and the land costs will still be the same amount. In order to build affordable housing, he needed to build more houses, so the infrastructure costs can be spread out. Councilman Worrell commented that on some of Mr. Travis’ previous construction, complaints were received about construction being done late at night and early in the morning and disturbing some of the neighbors. He asked for assurance that this would not become an issue if this project were approved by Council. Mr. Travis advised that as soon as he learned of the complaints, he stopped the late night and early morning work. Councilman Talbert asked Mr. Travis how the infrastructure on this project was different than the Travis Lane project? Mr. Travis that prices have gone up drastically since that project and that this project would have the road cost from English Forest to the project, which doubles the size of the road and sewer cost. Councilman Talbert commented that he had heard several times that there was a need/desire for development housing that eliminates the upkeep and maintenance for professional type people. He continued that from what he saw of this development, it was just a smaller version property wise of a typical home, which still has yard and house to upkeep. He did not see how this development fills some of the needs that have been posted at this meeting. Mr. Travis responded that it was intended to reach retirement and career people through a home owner’s association. Councilman Talbert commented that they were talking about an organized maintenance versus an individual maintenance system. Councilman Talbert also commented that he had heard several realtors mention the need for this type housing. He added that he thought Council had approved building patio homes on the corner of Route 11 and Pleasant Hill Drive. He asked if there is a need, why haven’t those homes been built on a piece of property that’s already been approved for it? Mayor Wade answered that he had spoken with Mr. Huff, who had originally proposed the patio homes. Mr. Huff had stated that he had so much money tied up in another development that he did not have the money to go forward with that project at this time. Mayor Wade added that he also understood that Mr. Huff was anxious to start the patio homes soon. There being no further comments from Council, Councilman Penn moved to adopt Ordinance 2005-02, with the conditions set by the Planning Commission, seconded by Councilman Burchett and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - No John T. Bolen - No Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to the Public Hearing for Planning Commission Case # 2004-17ZA, a request for a zoning amendment for an R-5 Planned Unit Development overlay district for the Deerfield Manor Development located on Deerfield Drive. He opened the Hearing at 7:35 p.m. Betty Quesenberry addressed Council speaking against the proposal, citing flooding problems in the area and dampness and mildew in the current town homes. She complained that the current owner had not fulfilled the promises made regarding a play ground area for the children and cleaning the fence lines surrounding the property. She also complained that the lighting in the area was poor and all of the lamp posts were out. Additionally, she felt that the street leading to the town homes was not wide enough for the additional traffic. She asked that if Council approved the project that they would include language ensuring that the current and future problems with the town homes would be addressed. Lynn Creger addressed Council speaking against the proposal, citing narrow roads, high road traffic, and current non-maintained property. She felt that other areas in Town would be better suited to the development. She also felt that the current property filled a need for rental property in the Town. Councilwoman Steger inquired who owned Deerfield? Mr. Hawley responded that the owner is Lynn Conner of Radford, and the agent for Ms. Conner is Crawford Homes. Tom DiGiulian of Anderson and Associates addressed Council, speaking on behalf of Steve Crawford, advising that he was present to answer any questions that Council might have. Mr. Hawley advised that according to the 1982 Ordinance approving the town house project, the intent was to build the town homes to sell, and met the zoning and building criteria in place in 1982. The new development and upgrades would be subject to current requirements. If problems did occur that were code violations, the owner would be responsible for compliance. Connie Chapman, realtor, advised that the existing town homes were to be rehabilitated and sold at a lower price than the brand new town homes. She added that financing was being worked on that would allow lower or no down payments in an effort to help existing tenants purchase their town home. Hope Dalton inquired what would happen if the town homes don’t sell? The Mayor stated that the owner was not here to answer that question. Jennifer White addressed Council commenting that the project seemed a positive thing because the property would be improved. There being no further comments, the Hearing was closed at 7:55 p.m. Councilman Worrell commented that this was a difficult decision to make, however, the concerns that he had regarding the project had been met to his satisfaction and he felt that it was best for the Town as a whole. Councilman Worrell moved to adopt Ordinance 2005-03, with the conditions set by the Planning Commission, seconded by Councilman Talbert and carried on the following recorded vote: Jeffrey S. Worrell - Aye Lane R. Penn - Aye Dan Talbert, Jr. - Aye John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye There being no further business, the meeting adjourned at 8:00 p.m. on motion by Councilwoman Steger, seconded by Councilman Bolen and carried on voice vote.