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HomeMy WebLinkAbout03-15-05Minutes of the joint Town Council and Planning Commission meeting held March 15, 2005 at 5:00 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: Kathleen Kirk, Chairperson Members: Nick Glenn, Linda Hall, Tim Clontz, David Allen Staff: John J. Hawley, Town Manager David N. Quesenberry, Asst. to the Town Manager Patricia Cruise, Clerk of Council Brenda Shelton, Secretary Sherry Boyd, Finance Director Gary Roche, Police Chief John White, Economic Development Director Bill Webb, Fire Chief Randy Eley, Jr., Town Attorney Others: Bob Harman Anthony Thomas Perry King Carroll Witt E. Witt Mark Witt Pat Witt Dr. Randy Vaughan Mark Vaughan Mayor Wade called the meeting to order at 5:00 p.m. Mrs. Cruise called roll for Town Council and Mrs. Shelton called roll for the Planning Commission Councilman Bolen moved to adopt the minutes of the February 15, 2005 as written, seconded by Councilman Penn and carried on voice vote. The first item on the agenda was the joint Public Hearing with the Planning Commission. Mrs. Kirk advised that the first joint Public Hearing was in regard to amending the front minimum setback of the B-2 General Business District to twenty-five feet from the current fifty feet. Mr. Quesenberry advised that in 2003, Council changed the front minimum setback of the B-2 General Business District from twenty-five feet to fifty feet. Since that time, the Town received three requests for variances involving the front setback. In two cases, the larger setback rendered the property unusable for the proposed business. The Board of Zoning Appeals granted all three variances, however, the number of variances in such a short period of time indicated a problem. Following a February work session, the Planning Commission felt that returning the front setback to the previous twenty-five feet was acceptable. Mayor Wade opened the Public Hearing. There being no comments from the public, he closed the Hearing. Discussion ensued within Council as to why the setbacks were changed in 2003? Mr. Glenn commented that he thought that the Commission was responding to a trend for larger setbacks at that time. There being no further comments, Mayor Wade moved on to the second joint Public Hearing regarding amending the R-1 minimum lot area and lot dimensions. Mr. Quesenberry summarized the recent history of the R-1 district. He advised that the minimum lot area and lot dimensions in the R-1 were increased in 2003. The lots were increased to a minimum of 22,500 ft. in area and a 150 foot minimum width and depth. Since the new regulations were adopted, it appears that the minimum area and measurements are too large. There are few locations in the town that could have ½ acre lots. Individual property owners have had difficulty subdividing lots. The larger requirements do not work in areas subdivided under previous regulations. Mr. Quesenberry continued that at a February work session, the Planning Commission discussed the problem and initially proposed to require a 115 foot width and a 110 foot depth with one minimum required to be met. He added that staff discussions have centered around requiring a minimum 100 foot width or a minimum 100 foot depth, with a minimum lot area of 12,500 feet2 , which allows a more standard dimension. Mayor Wade opened the Public Hearing. There being no comments, the Public Hearing was closed. Mayor Wade moved on to the final joint Public Hearing regarding senior housing in the R-2 district. Mr. Quesenberry advised that a proposal had been received for housing for senior citizens. The proposal included a potential site on 17th Street, however, the zoning regulations do not allow multi-family dwellings in the R-2 zone. Any housing for seniors in the R-2, which is permitted as a special exception, is required to have some form of healthcare as its primary function. He continued that at its February work session, the Planning Commission instructed staff to investigate the issue and prepare a definition for review and consideration by the Commission. Subsequent staff research revealed that “congregate senior housing- independent living” appeared to describe the type housing suggested in the proposal. However, due to a number of issues involved in making a decision to alter the zoning regulations and to exercise the necessary control to protect the integrity of the R-2 District, staff recommendation was to table the issue. This would allow further examination as to how this type of housing should be defined may be done in light of the Town’s interest. Mayor Wade opened the Public Hearing. There being no comments, the Hearing was closed. Mayor Wade inquired whether water and sewer was available at the site for the proposed site? He also inquired whether there would be a cost for the Town? Mr. Hawley advised that he had not yet seen the formal proposal on the layout. He commented that typically, getting utilities to the site is the developers responsibility. There being no further questions from Council, the Planning Commission adjourned to a meeting room for discussion. Mayor Wade advised that before he moved on to the next Public Hearing, a citizen wished to address Council. Mr. Bob Harman addressed Council complaining about panhandlers, loiterers, and drinking in public. Mr. Harman was advised that staff would handle the problem administratively. Mayor Wade moved on to a Public Hearing for a land transfer – James Hardie. Mr. Hawley advised that in order to facilitate the James Hardie company opening in Pulaski, a land transfer of approximately 51.8 acres of land, located in the Pulaski Business Park, from the Town of Pulaski to James Hardie Building Products was necessary. The conveyance of the property was for the purpose of establishing a site for industrial facilities. He advised that a super-majority vote of Council was required to approve the transfer. Mr. Hawley added that within the agreement will be provisions that James Hardie Building Products has to meet or they will be liable to the Town of Pulaski for the improvements made at the Business Park. Mayor Wade opened the Public Hearing Carroll Witt inquired whether the land belongs to the Town? Mayor Wade answered yes. Mr. Witt inquired what would become of the property if the James Hardie company did not move to Pulaski? Mr. Eley responded that there are two property owners at the Business Park now. He advised that if the land is not acquired by James Hardie, the contractual arrangements would come into play and the land would then become available for other interested businesses. Mr. Hawley advised that Council had previously discussed grading some of the property, and after it became very clear that Hardie was going to locate in Pulaski, then the Town moved forward with the grading. He advised that the Town is working on a contract with James Hardie and in the meantime, working on good faith. There being no further business, the Public Hearing was closed. The Town Attorney advised Council to take this under advisement pending the agreement with Hardie. Mayor Wade moved on to the next Public Hearing for land transfer for Ground Vibrations. Mr. Hawley advised that in order to facilitate the Hardie company moving into the Town, a land transfer of approximately three acres of land, located within the Pulaski Business Park, from the Town of Pulaski to Ground Vibration Consultants, Inc. was necessary. The purpose of the transfer is to secure a right of way and slope easement to properties located in the Pulaski Business Park. At 5:28 p.m., Mayor Wade opened the Public Hearing. There being no comments from the Public, the Hearing was closed. Councilman Worrell inquired whether an equal amount of land was being exchanged? Mr. Hawley responded that the Town is getting approximately 2½ acres and Ground Vibration Consultants, Inc. was getting approximately 3 acres. However, it was added that if the slope easement was included, then the exchange was approximately equal. Councilman Burchett inquired whether the transfer was contingent upon James Hardie locating in the Park? Mr. Hawley responded no, because the road is already being graded. Councilman Penn moved to approve the land transfer and direct the Town Attorney to bring back the appropriate contract and deeds to be approved by Council, seconded by Councilman Bolen 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 final Public Hearing was for a land transfer – Warren J. and Susan Bain. Mr. Hawley advised that the legal ad for the land transfer with the Bains’ for the Warden Springs property contained incorrect information about the actual ownership of the Rhudy farm. Following discussion with the Town Attorney it was determined that a new ad should be placed with the correct information so that the citizens of the Town have all of the information available to them. The public hearing can be held at the April 5 meeting. Councilwoman Steger moved to enter into Closed Session under Va. Co de 2.2-3711 A9-5), discussion of the expansion of an existing industry where no announcement has been made for expansion and also for Va. Code 2.2-3711 (A-6), discussion and consideration of the investment of public funds where competition is involved where if made public initially, the financial interest of the Town would be adversely affected. The motions was 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 Council returned from Closed Session and adopted the Certification Resolution on motion by Councilwoman Steger, 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 proposed funding for Pulaski Business Park. Mr. Hawley summarized the expected expenditures for the Hardie Company for the next year. He summarized the three actions that needed to be taken in the motion. Councilwoman Steger moved to appropriate one million dollars from the UDAG fund for construction at the Pulaski Business Park, appropriate five hundred thousand from the un-appropriated fund balance in the general fund and direct staff to proceed with issuing a RFP for the financing of five million dollars. The motion was seconded by Councilman Talbert. Councilman Worrell inquired how much money this would leave in the un-appropriated surplus fund? Ms. Boyd advised that approximately one million dollars would be left in the fund. Mr. Hawley advised that that would put the Town at approximately the 15% level of the six million dollar general fund. The motion 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 2005-11, regarding revisions to cemetery lot prices. Mr. Hawley advised that Council had asked staff to bring back a Resolution increasing the cemetery lot prices by $50 at each cemetery. Councilman Bolen moved to adopt Resolution 2005-11, regarding revisions to cemetery lot prices, seconded by Councilman Penn. Following discussion, the motion 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 Resolution 2005-12, Claytor Lake Property LLC UDAG. Mr. Hawley advised that Claytor Lake Properties, LLC had requested a UDAG loan for a $60,000 to outfit the former Southwest Times building to develop a restaurant. Councilman Penn moved to adopt Resolution 2005-12, authorizing a loan in Urban Development Action Grant repayment funds to Catherine and Donnie Turner and Claytor Lake Properties, LLC. for the remodeling of the former Southwest Times building to develop a restaurant. The motion was 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 the APAT lease, Resolution 2005-13. Mr. Hawley advised that a draft resolution and lease was included in Council’s packet for review, but that a Public Hearing would have to be held on the subject at the April 5, 2005 Council meeting. Mayor Wade moved on to the Old Virginia Textiles lease. Mr. Hawley advised that a draft lease was included in the packet for review and would be discussed at the April 5, 2005 Public Hearing. The next item on the agenda was a New River Valley Planning District Commission (NRVPDC) appointee. Mr. Hawley advised that Mrs. Terri Fitzwater-Palmore had informed the Town that she was unable to continue to be the citizen representative on the NRVPDC. Councilman Talbert contacted previous Council member Joe Weddle and inquired whether he would be willing to serve on the Committee. Mr. Weddle was willing to serve if Council appointed him. Councilman Bolen moved to appoint Joe Weddle as citizen representative on the NRVPDC, 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 Councilman Talbert informed Council that a public meeting would be held in Pulaski County to discuss bikeway and walkway planning. The idea is to try to design inter-connectability within the New River Valley existing walkways and bikeways. He encouraged attendance when the date is announced. Mayor Wade asked the Economic Development Director, John White, for an update on the meeting that had been held at the Train Station. Mr. White advised that a meeting was held regarding the opening of the New River Trail. The discussion focused on trying to open in time to coincide with the October 1, 2005 Pulaskifest. Participants from many different groups attended and suggested four different events to include walking/biking down the extension to open the Trail, a road biking trip, a trail ride and the Pulaskifest. Once a time line is established for completion of the Trail, the group will be ready to move forward with the planning and grand opening of the Trail. Mayor Wade advised that he had been contacted by Liza Field, who has started a tree farm and was interested in providing trees for the trail if the Town or citizens would plant them. Mayor Wade moved on to the Consumer Utility Tax information. Mr. Hawley reminded Council of the notification by AEP that they were going to start taxing churches unless the Town exempted them. Staff researched what the surrounding areas are doing regarding this tax and the results showed about one half charge the tax and another half do not. The Town Attorney researched whether the Town could legally exempt churches. Mr. Eley advised that the Town can legally exempt churches from the tax. Following discussion, Councilman Bolen moved to modify the Ordinance to exempt churches from the Consumer Utility Tax, seconded by Councilwoman Steger and carried on the following recorded vote: Jeffrey S. Worrell - Abstain Lane R. Penn - Aye Dan Talbert, Jr. - Abstain John T. Bolen - Aye Bettye H. Steger - Aye Joel B. Burchett, Jr. - Aye Mayor Wade moved on to television ad possibility. Mr. Hawley advised that he had received a copy of an offer to place an ad with Channel 10 television to advertise locations to visit in the Town. He advised that no funds had been included in the current budget for the ad. Following discussion, Councilwoman Steger moved to direct staff to pursue the advertising if the money could be found in the budget, 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 the Artist Colony. Mr. Hawley advised that some information had been included in the packet regarding an artist colony. He asked Council to review the information in preparation for a discussion at a later date. Mayor Wade moved on to the recommendations from Planning Commission for the Public Hearings held earlier in the meeting regarding zoning amendments. Chairwoman Kirk advised that the Planning Commission met and recommended the following for Planning Commission Case 2004-03ZA, regarding zoning amendments: 1. Amend the B2 front minimum setback from 50 feet to 25 feet. Amend minimum lot area and minimum width and depth of lots in R-1 to a minimum of 100 ft and to 12,500 sq ft area. Add as special exception to the R-2 district, the allowance of a congregate senior housing, the definition of which would be a multifamily single floor structure consisting of individual units designed for the primary purpose of providing a residence for seniors aged 60 and above able to live independently. Councilman Penn commented that during the previous discussion regarding minimum lot size, it was mentioned that if a house burned down on a non-conforming lot, then the house could not be built back. He opined that there should be an exception to that rule. Mr. Hawley stated that the house could be built back, but would have to meet the new setbacks. Councilman Penn opined that it should be permissable to build back on the same foot print. Following discussion, Councilwoman Steger moved to refer discussion of the reuse of a foundation or lot following destruction of a house to the Planning Commission. The motion was 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 Councilman Talbert then moved to accept all three Planning Commission recommendations listed above and direct the Town Attorney to prepare the Ordinance, 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 Next, Mr. Eley advised that the next item was Resolution 2005-15, Giving a UDAG loan/guarantee to Magnox. Mr. Eley read the Resolution aloud. Councilman Talbert moved to adopt Resolution 2005-15, Giving a UDAG loan/guarantee to Magnox, 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 Councilman Burchett commented that with all of the work being done at Gatewood, that he would like Council to consider charging admission to the Park to those who are not Town citizens. Mayor Wade added that he would like staff to consider swimming in Gatewood. At 6:47 p.m., there being no further business, the meeting was adjourned on motion by Councilwoman Steger, seconded by Councilman Talbert and so carried.