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HomeMy WebLinkAbout04-07-989782 April 7, 1998 Minutes of the regular meeting of the Pulaski Town Council held April 7, 1998, at 4:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor John A. Johnston, presiding Council Members: James M. Neblett, Lane R. Penn, Bettye H. Steger Charles W. Stewart, W. Edgar Hale, Joseph L. Weddle Pauline G. Mitchell, Gerald E. Bolen Also Present: Frank Terwilliger, Town Attorney Thomas M. Combiths, Town Manager David N. Quesenberry, Asst. to the Town Manager Patricia Pendergrast, Clerk Visitors: Paul Dellinger, Press J. R. Schrader, Press 77 people (list attached to minutes) The meeting was called to order by Mayor Johnston at 4:00 p.m. Councilman Penn led the Pledge of Allegiance and Councilwoman Steger gave the Invocation. Following roll call, Councilman Stewart made a motion to move item 10-F on the Agenda to #7, seconded by Councilman Hale and carried. Councilman Neblett made a motion to adopt Certification Resolution, seconded by Councilman Penn and carried on the following recorded vote: Mr. Neblett -Aye Mr. Penn -Aye Mrs. Steger -Aye Mr. Stewart -Aye Mr. Hale -Aye Mr. Weddle -Aye Mrs. Mitchell -Aye Mr. Bolen -Aye [1 Councilwoman Steger made a motion to approve the minutes of March 17, 1998 and March 31, 1998, seconded by Councilman Penn and so carried. R E S 0 LU T I 0 N Next item on agenda was Resolution 98-13, A Resolution to refer to the Planning 9 8 -13 Commission for Public Hearing the Rezoning of a Portion of Lot 063-001-0000-221 from B-1 to R-1. Mr. Combiths advised that at the March 17, 1998 Council meeting, Town staff was instructed to bring back a Resolution for consideration by Council to refer the rezoning of a portion of lot 063-001-0000-221, from B-1 to R-1. This property is located on Pleasant Hill Dr. Mr. Terwilliger advised that at the last meeting this item was tabled. The matter had to be taken off the table. Councilman Stewart made a motion to take off the table, referral from Town Council to Planning Commission for Public Hearing, the rezoning of a portion of lot 063-001-0000- 221 from B-1 to R-1, seconded by Councilman Penn and carried. John Bolen spoke in favor of this rezoning. Sam Campbell, Attorney for the land owner, advised that his client had received no written notification of this matter and spoke against the rezoning. Wayne Ratcliffe, advised that he is a resident of Pleasant Hill Drive. He explained that it had recently come to the attention of the residents of Pleasant Hill Drive that this one partial portion of land fronting Pleasant Hill Drive was zoned B-1. There was concern 1 April 7, 1998 that if the land facing Route 11 is developed, that the entrance to this land would be through Pleasant Hill Drive, due to visibility problems on Route 11. He provided Council with a petition for rezoning, signed by the majority of Pleasant Hill Drive residents. After discussion, Councilman Hale made a motion not to adopt Resolution 98-13, a resolution to refer to the Planning Commission for public hearing the rezoning of a portion of lot 063-001-0000-221 from B-1 to R-1, seconded by Councilman Penn. Councilman Bolen made a substitute motion to adopt Resolution 98-13, a resolution to refer to the Planning Commission for public hearing the rezoning of a portion of lot 063- 001-0000-221 from B-1 to R-1, seconded by Councilman Stewart and failed on the following recorded vote: 9783 Mr. Neblett - No Mr. Hale - No Mr. Penn - No Mr. Weddle - No Mrs. Steger - No Mrs. Mitchell -Yes Mr. Stewart -Yes Mr. Bolen -Yes Next item on agenda was Public Hearing for Planning Commission Case 98-90RZ, a pu~Llc request from the Daniel Group, in the name of General Development Company, Inc. for ~ ~ A R I N G a rezoning from R-0 and R-1 to B-1 Conditional of 35 acres at the North-west corner of Memorial Drive and Peppers Ferry Road, owned by Pulaski Properties, L.L. C. A staff report of 44 pages and an amendment to the proposal had been furnished to Council and the press with their agenda package. Councilman Stewart advised that he would be participating and voting on this item. He presented the Clerk with 2 documents and read a statement. (attached). Mr. Quesenberry advised that the property in question is approximately 35 acres with approximately one third being zoned Residential Office and the remainder R-1. He summarized the criteria for B-1 zoning and advised that all applications, fees and deadlines have been met for the public hearing. Mr. Quesenberry advised that Planning Commission voted against the proposal. He also advised that the concerns brought to Planning Commission by citizens at that meeting had been researched and that the staff report tried to address some of those concerns. Mr. Quesenberry advised that the proposal is to build a 91,450 square foot shopping center, with a separate building located near the intersection, on the front 25 acres of the property. A second part of the proposal was the possible construction of office space and an assisted living facility on the rear 10 acres of the site. Councilman Bolen asked staff why they were going against the Comprehensive Plan by stating that "from a real estate development point of view, the logical use of the property is of commercial nature" . Mr. Combiths responded that staff is not taking a position regarding this project, by saying that from a land use point of view, it's good or it's bad. Staff is trying to paint a picture of pros and cons for Council. Councilman Stewart read from the Comprehensive Plan, Housing Goals, Action Step 1.1.2 - "By July 1997, the Town Engineer shall develop a plan to guide the development of the large undeveloped residential tracts between Rt. 11 and Peppers Ferry Rd". He inquired whether this plan had been developed by staff. Mr. Combiths advised that this plan has not been developed. 2 9784 April 7, 1998 Councilman Stewart asked whether developers were advised of the Comprehensive Plan when they submit their applications. Mr. Combiths advised that Mr. Hawley was not here to respond, but he felt sure that the issue was addressed. He added that the developer was here and could answer the question. After additional questions and comments from Council to staff, comments were received from the public. Fourteen (14) citizens spoke against the application for rezoning, expressing their concerns regarding increased noise, traffic, storm water runoff, trash, safety concerns and the negative impact on property values. A petition was given to Council against the rezoning. (marked exhibit A) Howard L. Burnett, president of the Daniel Group told Council and citizens that Mr. Dye, Economic Development Director, did not bring the Daniel Group to Pulaski. He had already made several contacts with Engineering before he became aware that Mr. Dye worked for the Town. He also advised that Town staff did not have to make the Daniel Group aware of the zoning ordinance. The zoning ordinance is a public document and the Group was aware of the zoning from the beginning. He advised that from a developer's viewpoint, this land is best used as commercial. It has a four lane highway, a shopping center across the street and utilities. He advised that this was a preliminary plan. Changes could occur according to the needs of the tenants or the Town. He advised that the needs of the tenants that his company could bring to the Town cannot be met by the existing buildings in Town. Mr. Burnette opined that staff made the Group aware of how sensitive this issue would be to Town citizens. He advised that their company does not purchase property and immediately sell it. They acquire the property, pay for it, build the buildings with their construction company, own the property by their company and would lease it by their management company. They would be a "good citizen". They would be here for the long haul. They submitted to staff a listing of their properties, most of which are in excess of 20 years old. Councilman Bolen asked what could be said to the property owners surrounding this property? "Just walk away folks"? Mr. Burnette replied that the Town should look at other areas that have gone through the same situation. You have transitions. You have retail on the front street, multi- family/office institutional behind, buffers wherever appropriate and then single family in the rear. Mr. Burnette advised that the Daniel Group came to Pulaski with good intentions. They did not want to harm the contiguous property owners. They desire to make the community better and make the contiguous property more valuable. He asked Council to "not be arbitrary and capricious in its decision making. Be progressive and favorably consider our proposal". Mayor Johnston expressed appreciation for Mr. Burnette's interest in our community and told him the welcome mat is out for development in Pulaski. Councilman Stewart advised that he has completed the Virginia Certified Planning Commission program and that he is a member of Town Council and is the Council's representative to the Pulaski Planning Commission and that he is also a member of the New River Valley Planning District Commission. He advised that the Comprehensive Plan is only 13 months old. It is not antiquated or outdated. The fundamental test for any rezoning request is whether or not the request is supported by the community's Comprehensive Plan. He stated that the request in this case is not supported by the Comprehensive Plan. For that reason alone, Mr. Stewart felt that the request should be rejected. He then reviewed other reasons that the request should be denied, referencing the planning textbook by Albert Solnit, The Job of the Practicing Planner. 1 [, 3 April 7, 1998 9785 Councilman Bolen spoke against the request, citing that a plan has been submitted for this heazing, but that Mr. Burnette is also saying that that is not his plan. He stated that he was at a loss to know what Council is trying to approve here. He feels that the owners bought the property as residential, and now want to convert it to commercial, strictly for monetary reasons. "You have a peninsula of land sticking into a residential area, and you're going to put commercial property, with all its contamination, into those residential azeas". Councilman Neblett advised that he is all for economic development, but it's obvious that this community does not support this proposal at this time and place. He stated that he hoped that in future developments that developers will consider other spots that we have available. He stated that looking to the east and west of us we see economic development. We see residential growth and he's jealous of that. But, at this time and this place, it doesn't seem appropriate for this community. Councilman Hale stated that he agreed wholeheaztedly with Mr. Neblett and made a motion to accept Planning Commission's recommendation against rezoning 35 acres at the North-west corner of Memorial Drive and Pepper's Ferry Road from R-0 and R-1 to B-1 Conditional - a request from the Daniel Group, seconded by Councilwoman Steger and cazried on the following recorded vote: Mr. Neblett -Yes Mr. Hale -Yes Mr. Penn -Yes Mr. Weddle -Yes Mrs. Steger -Yes Mrs. Mitchell - Yes Mr. Stewart -Yes Mr. Bolen - Yes iJTILITIES COMMITTEE• Chairman Neblett had no report. P Bi I OPE TION OMMITT F• Chairman Penn advised that there was not a quorum for the April 2, 1998 meeting, and requested staff to schedule another meeting. Chairwoman Steger advised she had no report, however, she reminded Council that the annual clean-up day is scheduled for May 2 and 16th, and that VDOT orange trash bags could be picked up at the Police Department and the Fire Department. CRIME CONTROi REPORT: Councilwoman Steger had no report. FINANCE COMMITTEE: Chairman Stewart advised that before Council was the final proposed Industrial Park Covenants and Regulations, and recommended approval and prepazation of a Resolution to adopt them, and cazried on the following recorded vote: Mr. Neblett -Yes Mr. Hale -Yes Mr. Penn -Yes Mr. Weddle -Yes Mrs. Steger -Yes Mrs. Mitchell -Yes Mr. Stewazt -Yes Mr. Bolen -Yes BEAUTIFICA'Il INDUSTRIAL DEVELOPMENT 4 9786 April 7, 1998 HUMAN RESOURCES COMMITTED Chairman Hale advised that committee met March 31, 1998. It was decided to create a new position of Assistant Chief Operator for the Water Treatment plant. Staff was EMPLOYEES directed to prepare an Ordinance for the next meeting. Also discussed, was a change in compensatory time policy to allow 130 hours of compensatory time for firemen and sworn police officers and recommended to Council to consider at its April 14, 1998 meeting. Committee also recommended to Council the following appointments to committees and passed on voice vote: IDA William Elmore & Jack White -IDA Committee, through 4-15-02 PLANNING Roy David Warburton & Muriel Flynn -Planning Commission, through 5-17-02 COMMISSION MAYOR'S REPORT: Mayor Johnston advised that National Building Safety Week is April 5-11, 1998. Councilman Penn advised that he has had the opportunity to work with Tom Compton, Town Building Inspector and was impressed with his knowledge and expertise. Mayor Johnston reminded Council that the Joint Intergovernmental meeting is on April 30, 1998 at 7:00 p.m. TOWN ATTORNEY'S REPORT: Mr. Terwilliger had no report. TOWN MANAGER'S REPORT: Mr. Combiths advised that the Recreation Director is asking consent from Council to solicit donations for Calfee Park and that the Police Department is asking consent to hold fund raisers for their annual Memorial dinner. DONATIONS Councilman Neblett made a motion to give consent to Recreation Director to solicit donations for Calfee Park and for Police Department to hold fund raisers for their annual Memorial dinner, seconded by Councilman Weddle and so carried. BONDS & Councilman Neblett made a motion recommending a bond counsel to proceed with Bond BOND I s s u E s Anticipation Note (Need info) Mr. Neblett -Yes Mr. Hale - Yes Mr. Penn -Yes Mr. Weddle -Yes Mrs. Steger -Yes Mrs. Mitchell -Yes Mr. Stewart -Yes Mr. Bolen -Yes Councilman Weddle made a motion to adjourn, seconded by Councilman Penn and so carried. C 5