HomeMy Public PortalAbout1984_03_21 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 21, 1984. r
- A regular meeting of the Leesburg Town Council was held on March 21, '6 5
• 1984 at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg,
Virginia. The meeting was called to order by the Mayor, with the invocation
i given by Mr. Tolbert, and followed with the Salute to the Flag led by Mr.
Gheen. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos,
Edgar L. Coffey, Jr. , Reginald K. .Gheen, Marylou Hill, John W. Tolbert, Jr.
and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Assistant Manager
for Planning and Development Marc Weiss and Town Attorney George M. Martin.
PETITIONERS:
Mr. Bruce Brownell, representing Market Square Associates, developer of
Market Station, announced that they have a commitment from First American Bank
to handle the permanent financing on the project. Weather permitting, they
will probably be under construction in April.
Mr. Brownell also read a letter to Councilmembers citing the sequence of
events concerning the Edwards Ferry Mews project proposed by his firm and the
resulting Board of Zoning Appeals and Circuit Court action. He was concerned
about the role of the BZA in the subdivision process and suggested that Council
modify the Subdivision Ordinance to make sure decisions of the Zoning Adminis-
trator are made early in the process so that any appeals can be made before
/, record plat approval. On behalf of Brownell, Inc. , he proposed that the en-
tire subdivision of Edwards Ferry Mews be donated to the town without charge
for use as a public park, subject to several conditions: (1) That the Council
N endorse that the purpose of this donation is to provide an active community
W park site and grant a commission permit for such use; (2) The park site shall
CO include all the property and playground equipment, with $1,000 being contri-
butedQ by Brownell, Inc. toward the purchase of such equipment; (3) The funds
previously paid to the Town for widening of Edwards Ferry Road shall be re-
turned to Brownell, Inc. ; (4) The property 'shall be transferred after the
issuance of the commission permit and satisfaction of other special condi-
tions prior to January 1, 1985. This solution to resolve the issue and
end the litigation has been arrived at between Mr. Bos and Mr. Brownell.
Mr. Bos said he contacted Mr. Brownell for the good of the Edwards Ferry
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Road area, for the good of the town and for the good of Mr. Brownell as a
businessman. He hoped the town can make use of this park to everybody's ad-
vantage.
Mr. Tolbert wondered if this will disturb the people on Edwards Ferry
Road again - he could envision them saying we will bringing children from all
over town there to play. Mr. Brownell didn't know what other use it could
have. If Council decides it doesn't want this follAwhatever reason, this is
understandable. Mr. Coffey thanked Mr. Brownell and Mr. Bos for their ef-
forts to resolve this. Mayor Sevila felt this is a very generous proposal
and Council will take a very serious look at this offer. This would be a
pleasant way to end an unpleasant experience Mr. Brownell and the residents
of the Edwards Ferry area. He expressed his appreciation for his efforts
and to Mr. Bos for taking the initiative to work with him. Council will
consider it at its next workshop.
J. B. Anderson, on behalf of the Fire Department and its president, Ron
Nicklaus, said there are a number of issues to be resolved in the street num-
bering and renaming proposal concerning apartment complexes and elimination
of some streets. He requested an opportunity for review of this proposal by
the Fire Department; the Rescue Squad, the Police Department and the Fire
Marshal's office. Mr. Niccolls said the town has been made aware of a number
of concerns through Terry Frye. There are two apartment complexes that have
had concerns and there is no problem in dealing with these - changes have been
' made. After some discussion, Mayor Sevila said he would like to have their in-
put and asked Mr. Anderson and Mr. Nicklaus to set up an appropriate time and
report back to Council as soon as possible.
Mr. William Chamberlin, representing Robert Buzzard, contract purchaser
of Carradoc Hall, requested that Council forward proposed amendments to the
existing proffers on this property to the Planning Commission so they might
be advertised for public hearings by the Commission and the Council. This
property lies within the incorporated area and is subject to referral to the
County under the ADAP's adopted last year. This will be a referral process
at the County level and they will forward comments back to the town. It is
Mr. Buzzard's intention to add onto the existing house and barn a 125-room
motel, conference facility, restaurant, etc.
MINUTES OF MARCH 21, 1984 MEETING.
66
Mr. Robert Haas, attorney for the applicant, explained that it is Mr.
Buzzard's intention to tie this into a 120-room motel and to keep the original
structure intact to comply with the Virginia and Federal requirements for put-
ting it into a National Historic District and to preserve the integrity of
both the interior and exterior of the 210-year old inn. The building is in
pretty bad condition now, so it is important to do this as quickly as possible
in order to go into renovation. The architecture will be compatible with the
original inn, trying to set it off and making it the major feature of the proj-
1 ect. The substance of any changes is fairly minor - it involves the town's au-
thority on the sewer area, clarification of the use to which they can put this
property and whether or not they can add existing facilities to create the com-
r plex they want. This is in a PDCH district so it will be subject to staff ap-
proval of the entire project. Mr. Chamberlin said Mr. Finnegan has indicated
there will be no more than staff review by the County and referral back to the
Town. He did say he expected them to carry more weight than any referral agency.
Mr. Haas said Mr. Buzzard would like to start June 1, if possible, with a year
or so to complete the project. He is in negotiation with Holiday Inn and Ramada
Inn now and has worked with both, holding a Ramada Inn franchise at the present
time.
COUNCILMEMBERS' COMMENTS:
Mr. Bos said the recently formed Environmental Advisory Committee met last
night for its first meeting - it was an overwhelming success - everybody was en-
thusiastic. He and Mr. Niccolls gave a few remarks and Jan Shepherd and Mark
Nelis were both very helpful. They elected a Chairman, Burke McCahill, a Vice-
Chairman, Colin MacDiarmid, and Nathaniel Jacques as Recording Clerk. A number
of ideas were mentioned, along with those suggested by Council and staff, and
its first major point of interest is to learn more about the town itself and
about other boards, committees and Council. They selected one or more members
from their group to attend each one of these bodies.
Mrs. Hill presented for the record the petitions from Country Club Apart-
ments objecting to the renumbering, as well as the originals from Heritage
Square. The petition from Country Club said there are 231 apartments. They
are aware of the action at last council meeting.
Mr. Willis suggested holding off the mail-outs on the renumbering until
after the meeting with the Fire Department and Rescue Squad. Please advise him
about this meeting so he can be present.
He also ran into a couple of the members of the new Environmental Advisory
Commission - they seem like they will work well together.
Mr. Tolbert extended an invitation, on behalf of Emmett Jackson, to a tree
planting ceremony at the Douglass Community Center at 10;00 a.m. tomorrow - this
is in his honor - he was the founder of August Court Days. He would like to have
the Mayor and Mayor Pro-Tem there.
MAYOR'S REPORT:
Mayor Sevila said the high school town council meeting set for Thursday,
April 5th at 11:00 a.m. is beginning to take shape. He would like everyone to
be there if possible, along with Mr. Niccolls and hopefully Mr. Taylor from the
staff. The issue they have been working up is the question of a $4.5 million
dollar recreational facility for Leesburg's youth. We are trying to show them
that some of the things government provides are very good, but they are expen-
sive and it is difficult to come up with ways to pay for them. Agendas will be
distributed by April 1st and 10 councilmembers will be selected. He (Mayor
Sevila) will be acting as Mayor and will regulate debate in both cases.
Another workshop on the Planned Development ordinance is scheduled for
April 2nd at 7:30 p.m. upstairs in the Council Chambers. They had a very
worthwhile session Monday night in terms of trying to work their way through
this 44 page document - they did identify some issues and began to resolve
many of them. He asked councilmembers to try to identify in writing the re-
maining major issues prior to this next meeting. Perhaps staff can take some
of these notes and catalog them for distribution - perhaps this will reduce the
overall workload and identify some of the major issues that need to be dealt
with. Mr. Gheen asked if the revised ordinance might be available before this
next meeting? Mr. Niccolls said he will make every effort to get it out early
next week.
MINUTES OF MARCH 21, 1984 MEETING.
67
LEGISLATION:
PROPOSED RESOLUTION GRANTING A SPECIAL EXCEPTION, APPLICATION NO. SE-1,
JAN DICKSON McVAY.
On motion of Mrs. Hill, seconded by Mr. Coffey, a resolution was proposed
granting a special exception to Jan Dickson McVay for three additional one bed-
room dwellings at 7 East North Street subject to certain conditions. After
lengthy discussion between councilmembers and Mrs. McVay, it was determined
that more detailed information is needed, particularly on the west facade of
7 East North Street and concerning the parking area before this special ex-
II
ception is granted. The motion was withdrawn and on motion of Mr. Coffey,
seconded by Mr. Tolbert, Council voted unanimously to defer this matter until
the 11th of April and for consideration by Council at the April 4th workshop:
Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
On notion of Mrs . Hill, seconded by Mr. Tolbert, the following resolutions
were proposed and unanimously adopted as consent items:
Ci' 84--44 -- RESOLUTION -- INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE.
N WHEREAS, the final plat of cluster developments approved under Section
8-2-11-8 of the Leesburg Zoning Ordinance shows lot areas, yards and
W lot widths as varied by the approval of the plat and governs the lo-
[O cation of buildings on each lot; and
Q WHEREAS, cluster developments may contain lots on which side yard re-
quirements have been varied to zero feet thereby permitting, as in-
tended by the council, single family dwellings on separate lots to abut
or adjoin or utilize common or party walls; and
WHEREAS, the council finds that an amendment of the Leesburg Zoning
Il
Ordinance is necessary to eliminate any question that such dwellings
are permitted in R--1 and R-2 districts within the meaning and intent
of the zoning ordinance:
THEREFOR3, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated
to add a new section, to be known as Section 8-2-11-7 to read as follows:
8-2-11-7 A dwelling designed for, or occupied by one family, including
not more than two rooms for roomers, which is situated on a
separate lot in a cluster development may be attached at the
side or rear to not more than one such other dwelling by a
party wall without openings, provided that the approved final
plat of the cluster subdivision establishes yard requirements
permitting such attachment. .
SECTION II. The Planning Commission shall conduct a public meeting as
soon as permitted by law and report its recommendations on the proposed
amendment to the Town Council within 60 days of the adoption of this
resolution.
Mayor Sevila explained that staff is recommending that Council adopt an ordi-
nance that would address the question of adjoining (zero) lot lines in the
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appropriate zone for single-family dwellings that would permit them to touch
and not thereby render them duplexes.
84-45 -- RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF LAWRENCE N. GRANT
FOR AMENDMENT OF THE ZONING DISTRICT MAP TO THE PLANNING
COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1
OF THE CODE OF VIRGINIA, AS AMENDED.
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
�+p MINUTES OF MARCH 21, 1984 MEETING.
U o The application of Lawrence N. Grant for amendment of the zoning dis-
trict map, assigned No. ZM-48, to change 14,375 square feet of land
located behind 149 Edwards Ferry Road from the R-2 to the B-2 Zoning
District, is received and referred to the Planning Commission for
public hearing and recommendation under Chapter 11, Title 15.1 of
the Code of Virginia, as amended.
84-46 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF TUNIS H. CAMP-
BELL, JR. AND DORIS CAMPBELL, FOR AMENDMENT OF THE ZONING
DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEAR-
ING UNDER CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA,
AS AMENDED.
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The application of Tunis H. Campbell, Jr, and Doris Campbell._ for amend-
ment of the zoning district map, assigned No. ZM-47, to change 8,733
square feet of land located at the southeast corner of Davis Avenue
and South Wirt Street from the R-2 to B-2 zoning district, is received
and referred to the Planning Commission for public hearing and recom-
mendation under Chapter 11, Title 15.1 of the Code of Virginia, as
amended.
Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
84-47 - RESOLUTION - SUPPORTING AND DESIGNATING BALL'S BLUFF BATTLEFIELD AND
NATIONAL CEMETERY AS A NATIONAL HISTORIC LANDMARK.
On motion of Mr. Gheen, seconded by Mrs. Hill, the following resolution
was proposed:
WHEREAS, one of the true gauges of a country can be the respect and at-
tention which it pays to its history and heritage; and
WHEREAS, a manifestation of that attention can be readily recognized in
the preservation of those places and things that were part of that his-
tory; and
WHEREAS, the Battle of Ball's Bluff is a very important segment of that
past, so much so that it has been called by some historians the turning
point in the Civil War; and
WHEREAS, the fortunate opportunity still exists for the preservation of
that site as it still exists, almost untouched, in the same natural con-
dition as it was at the time of the battle; and
WHEREAS, the second smallest national cemetery in the United States is
still maintained there; and
WHEREAS, the Ball's Bluff Battlefield site has a particular value and
importance to the citizens of Leesburg and Loudoun County, as well as
the State of Virginia:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The Leesburg Town Council supports and urges the designation of the
Ball's Bluff Battlefield and National Cemetery as a National Historic
Landmark.
Mr. Tolbert commented that Mr. Raflo projects $250,000 in revenues from tourism
Mr. Coffey had a question as to who would maintain the land and if additional
land would be bought. Mayor Sevila said the cemetery itself is owned by the
Federal Government. Mr. Weiss explained that it is anticipated that the owners
of the Beus tract would offer the land in exchange for some density credits.
The Veterans Administration would be willing to transfer ownership of the ceme-
tery to an appropriate agency if they are guaranteed perpetual care. Mr. Bos
said there is no question that it would have a tremendous impact on tourism -
there are only about 1600 such landmarks in the country. Mr. Raflo and Mr.
Harmon have worked very hard for this. Mayor Sevila concurred, elaborating
on some of the history and what it would mean as a tourism attraction to Leesburg.
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MINUTES OF MARCH 21, 1984 MEETING.
Mr. Gheen added some comments concerning its history, as did Mr. Tolbert, who 6 9
said Mr. John Devine really knows its history. The resolution was unanimously
' adopted:
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Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
84-48 - RESOLUTION - ESTABLISHING JUST COMPENSATION, AUTHORIZING ACQUISITION OF
AN AVIGATION EASEMENT FOR LEESBURG AIRPORT'S OBSTRUCTION
REMOVAL PROJECT AND REPEALING RESOLUTION NO. 84-37.
, i On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution
was proposed:
WHEREAS, an appraisal performed by Shell and Associates, Inc. of Manassas,
Virginia concludes the value of the avigation easement required for the
airport obstruction removal project to be $1800 which is equal to the
value of the timber taken:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager, as required by Title 25, Chapter 6, Article 3
N of the Code of Virginia 1950, as amended, shall certify just compensa-
N tion of $1800 as determined from an appraisal and review appraisal for
W the property of Mrs. Mary Jane Miller (record owner) and Richlynn De-
m velopment, Inc. (contract purchaser) as shown on a plat prepared by
Q Ross and France, Ltd. dated November 17, 1983 to be acquired by the
town for compliance with Part 77 Federal Aviation Administration re-
quirements.
SECTION II. The manager shall accept on behalf of the town the 9.2545
acre avigation easement, in a form approved by the town attorney, from
land owned by Mrs. Mary Jane Miller (record owner) and Richlynn Develop-
ment, Inc. (contract purchaser) , as shown on a plat prepared by Ross and
i
France, Ltd. dated November 17, 1983, at a price not to exceed $1800.
SECTION III. An appropriation to remain in effect until the project is
complete is made from the unappropriated balance of the Airport Capital
Project Fund to the account and in the amount shown below:
Obstruction Removal, Account Number 8300.707 - $1800
SECTION IV. Resolution No. 84-37 is repealed.
Mr. Niccolls explained that there was some confusion in interpretation of the
appraisal. When we acquire land using State or Federal money, we have to follow
the Uniform Land Acquisition Act - that mandates a certain style of appraisal
and that the offer by the town not be less than the approved appraisal. Ninety-
five percent of these funds will come from the Airport development project -
State and Federal funds, including the cost of the avigation easement. The reso-
lution was unanimously adopted:
Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
84-49 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING REGARDING THE FINANCING
OF THE CONSTRUCTION OF MARSHALL VILLAS LIMITED BY THE ALEX-
ANDRIA REDEVELOPMENT AND HOUSING AUTHORITY.
' On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was
proposed:
WHEREAS, there is no Redevelopment and Housing Authority in the Town of
Leesburg in Virginia created pursuant to the Virginia Housing Authority
Act; and
WHEREAS, the Act permits the Alexandria Redevelopment and Housing Authority
to assist owners in financing the project as hereinafter defined (such fi-
nancing to include without limitation, any and all sums required for con-
MINUTES OF MARCH 21, 1984 MEETING.
70
struction, reconstruction, repair, rehabilitation and/or acquisition) ,
provided that the town council first adopt, after a public hearing, a
resolution finding (a) there is a need for the Authority to exercise
its powers in the town, (b) there is a shortage of safe or sanitary
dwelling accommodations in the town available to persons with low or
moderate income at rentals they can afford, (c) these conditions can
best be remedied through the exercise of the Authority's power in the
town and (d) whether the town council should approve this financing
pursuant to Section 103(k) of the Internal Revenue Code:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A Notice of Public Hearing to consider whether a need exists for the
Authority to exercise its powers under the Virginia Housing Authority's
law in the Town of Leesburg in connection with the financing and con-
struction of a 300 unit multi-family project to be known as Marshall
Villas Limited (the project) for persons of low or moderate income,
shall be published in the Loudoun Times-Mirror on April 5, 1984 and
April 12, 1984 for public hearing on April 25, 1984 at 7:30 p.m. in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia.
Mr. Bos had some questions concerning the figures being talked about generally
concerning average incomes for the residents of these and other apartment proj-
ects. Mr. Niccolls said there will be a report on this project before the pub-
lic hearing and this will be a specific topic of that report. Here we are talk-
ing about housing for moderate income people. He asked Mr. Marshall to check
with Craigie, Incorporated to make sure the legal notice we will publish is
sufficient unto the law and advise the Clerk. The resolution was unanimously
adopted:
Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
84-50 - RESOLUTION - RECEIVING AND REFERRING THE PETITION OF ROBERT W. HAAS ON
BEHALF OF ROBERT G. BUZZARD, TEE, CONTRACT PURCHASER OF
CARRADOC HALL FOR AMENDMENT OF PROFFERS APPROVED AS PART
OF ZMAP 272, TO THE PLANNING COMMISSION FOR PUBLIC HEARING
UNDER CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS
AMENDED.
On motion of Mrs . Hill, seconded by Mr. Coffey, the following resolution
was proposed and unanimously adopted:
WHEREAS, proffers made January 30, 1979, to Loudoun County as part of ZMAP
272 were approved as follows:
(1) That the subject property, if commercially rezoned, shall be used
only as a restaurant/inn, or for its current residential use; to
the exclusion of all other uses;
(2) That if rezoned the subject property shall, when such service is
available, be sewered by the public sewerage facilities of the
Town of Leesburg;
(3) That any new construction on the subject property shall be exclu-
sively limited to the enlargement, modification or redecoration of
the existing structures necessary for the conversion to a restaurant/
inn use. However, it is understood that nothing in this proffer
statement shall be construed to limit the development areas which
meet or exceed the minimum requirements of the Loudoun County zoning
ordinance;
(4) That any new improvements to the subject property, as referenced in
number 3 above shall conform to the site planning requirements of
Section 700.5.6.1 of the Loudoun County zoning ordinance; and
WHEREAS, a petition has been received from Robert W. Haas, on behalf of
Robert G. Buzzard, Trustee, contract purchaser of Carradoc Hall, Tax
Map 49-26B, for amendment of proffers approved as part of ZMAP 272 to
amend paragraphs 1, 2 and 3 to read as follows:
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MINUTES OF MARCH 21, 1984 MEETING.
(1) That the subject property shall be used only as a restaurant/inn 71
and for tourist services and permitted accessory uses associated
with these uses;
(2) Provided the Town grants an easement upon the access road to its
sewer plant, the subject will be sewered by the public sewerage
facilities of the Town of Leesburg;
(3) That any new construction on the subject property shall exclusively
. be limited to the enlargement, modification or redecoration of the
existing structures necessary for the conversion to a restaurant/
inn use and the construction of an adjoining hotel/motel complex
with restaurant, banquet and retail facilities. The applicant
hereby voluntarily agrees to conform to the guidelines of the Vir-
ginia Historical Landmark Commission in regard to the restoration
and redecoration of the original Carradoc Hall structure.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The petition of Robert W. Haas, #ZM-49, on behalf of Robert G. Buzzard,
Trustee, contract purchaser of Carradoc Hall, Tax Map 49-26B, for amend-
ment of proffers approved as part of ZMAP 272 to amend paragraphs 1, 2
flq and 3, as shown above, is received and referred to the Planning Commis-
sion for public hearing and recommendation under Chapter 11, Title 15.1
N of the Code of Virginia, as amended.
W Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
CO Mayor Sevila.
Q Nay: None.
On motion of Mr. Bos, seconded by Mr. Coffey, it was proposed to cancel
the meeting of March 28. On motion of Mr. Bos, seconded by Mr. Coffey, it was
proposed to amend that motion by adding "John W. Tolbert, Jr. is appointed Aet-
ing Mayor in the absence of the Mayor and Mayor Pro-Tem who will be attending !.
a seminar." The amendment was unanimously.adopted: . . . .
I
Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None. - - -
The motion, as:amended, was unanimouslyadopted, reading as follows:
The meeting of March 28 is cancelled and John W. Tolbert, Jr. is ap-
pointed Acting Mayor in the absence of the Mayor and Mayor Pro-Tem who
will be attending a seminar.
Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
On motion of Mrs. Hill, duly seconded, the meeting was adjourned at 9:25
p.m.
Mayor
—
I /1/(--e-c-&-.7" /
/ /
Clerk of the Council