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HomeMy Public PortalAbout1984_04_25 MINUTES OF APRIL 25, 1984 MEETING. • p to use the available space. There is no restriction on the income for ten- O 9 ants, except on the 20 percent - they must have available 20 percent of the total number of units to rent to tenants who have less than 80 percent of the median income - around $27,000 to $28,000. Mr. Gheen asked if there has been a survey as to the probable family mix? Mr. Marshall said the one-bedroom units would be rented to one or two people. If more than two people, they must go to two bedrooms. The market survey de- mand was heavier for one-bedroom and two-bedroom heavier than three. They had only about seven to eight percent demand for three-bedroom units. Mayor Sevila asked if this market survey could be made available as part of the public hear- ing? Mr. Marshall said it can be. Mayor Sevila emphasized that it is Council's t Iresponsibility to consider whether or not, in fact, the need exists, so this information would be very helpful. He asked if Mr. Marshall is aware that Coun- cil is also considering the same type of financing for Fort Evans apartments. Mr. Marshall saw no real competition from this - the demand was way above this figure. Mayor Sevila said it would be helpful to have all this information avail- able to Council. Mr. Niccolls said staff is preparing a report on the broad question of this type of financing for multi-family projects . They have learned so far that Council is free to impose almost any type of requirement on applicants for this type of approval. They are securing copies of regulations from the Alexandria Housing Authority and should have that available for next week's meeting. The appli- r- cant in both cases should be advised that the town will be considering require- ments on the project and one of the most obvious is that they will want a detailed W description of the project and the amenities proposed - standard requirements for landscaping, screening, parking requirements, etc. - a written architectural pro- m gram having perhaps some schematics of such things. Council should have this in- Q formation so they can consider this - not just a broad approval. Mr. Marshall said they will have this information available. ' Mr. Mike Rich, of 159 Edwards Ferry Road, felt Council has asked a lot of very good questions, but he questioned the real need for additional subsidized apartments in Leesburg - he hoped they will look at this very closely. We have seen the results of bad management. It has been a while since any apartments have been built and there possibly is a need, but he hoped Council will weigh I very carefully the need for this type of financing and 'its restrictions. Mr. Willis said these are not Section 8 apartments - there is a difference in those and the ones proposed here. Mr. Rich said there is an income restriction on 20 percent of the units though and he wants Council to look carefully at this. Mr. Bos asked if they could build these apartments without going to the Housing Authority and have a product that will rent for what people can pay? Mr. Marshall said they are required, under this program as well as others, to go to the private sector lenders in a community before putting in an applica- tion to ascertain if it would be feasible to go through the private sector fi- nancing - they did this and the rents would be astronomical for two reasons. The bond rate is 10.78 and may be 12 before they would get to it. The cheapest private sector they have found anywhere is 131/2 percent, with either 10 ;2, 3 or 4 points and the damaging part is that it is short term - the most they have found is 25 years and you have to get into the millions to get that kind of loan. If you have to amortize that amount of money at that interest rate over such a short period of time, the rents would be $900 to $1,000 a month. People just couldn't afford to rent them. Mr. Gheen asked what radius they covered in making their survey of the pri- vate sector - did they go to New York, to Washington or where? Mr. Marshall said they used the local banks right here. The savings and loans will not even talk this amount of money. They have to put this in a letter of declination to them and say that if they were to loan it, it would be at 131 for 13 or 15 years, 5 points, flexible rate, guaranteed for six months only. They will not tie them- selves down for a long period of time. They have three or four letters from banks in the Leesburg area. Mayor Sevila declared the public hearing closed and referred this matter to the workshop on May 2nd. COUNCILMEMBER COMMENTS: Mr. Bos visited part of the Environmental Advisory Commission meeting last night - one of their interests is attending council and town board meetings and Mrs. Frey is here tonight. One of their ideas was to find out the scope of exist- ing town ordinances and legislation to give them the framework from which to work. 1 MINUTES OF APRIL 25, 1984 MEETING. 90 There was interest last night in sign and fence ordinances. They were very in- terested in the town's litter program. They are an enthusiastic group and he thinks we will be hearing some suggested action programs for consideration. Mr. Tolbert visited the airport today - the flight service station seems to be coming along very well - it is coming out of the ground now, with most of the siding on. MAYOR'S REPORT: Mayor Sevila reminded members of the Special Olympics on May 8th. Also, the dedication of the little league fields at J. R. 's Goodtimes this coming Saturday at 11:00 a.m. - this is an excellent example of the private and public sectors working together - this is also a good opportunity for candidates to meet the public. Next Tuesday is election day in the town - this is a right, a privilege and probably the most valuable that we have as Americans. MANAGER'S REPORT: Mr. Niccolls reported that Don Taylor, Andy Shope, Randy Shoemaker and he are interviewing five consultants qualified to perform engineering services during the construction?the wastewater treatment plant - this is a major engineering ser- vices contract and they are putting this together in very sophisticated proposals. They hope to indicate to Council by next Wednesday which two of the firms should be ranked first and second in terms of the presentations and the proposals. This contract should be awarded fairly quickly -_ the grant from the Water Control Boardi, has a limitation to award the contract by OEtober 1, with provisions for a 90-day extension. Each of these firms has been given a set of plans and specifications and some have already made some very valuable suggestions for revisions. It has been a valuable process and one that will lead to a better project and a better managed project. This contract should range from over $300,000 to as much as $500,000on an $8,000,000 project. This sounds like an easy task, but consider- ing the federal regulations and the detail involved and the importance of making sure every dollar the town spends is eligible for 75 or more percent of reimburse- ment, this is a very important contract. An ad has been placed in the Times-Mirror this week to advise everybody that if they haven't received a notice of the street renumbering, they should call the office. They are hand-carrying individual notices to tenants in the apartment projects. He called attention to the colored version of the combined zoning map. The Town Plan draft which was released by the Task Force recently is at the printers and there will be 100 sets available for distribution in ten days or so. It will be submitted to the Planning Commission and Council at that time. Street repairs are beginning again - there are a number of areas needing work. He gave an in-depth report on contractual changes on the flight service sta- tion at the airport. Moss Associates, Inc. , with whom the town has a contract in the amount of $1,038,000 to construct the flight service station, is building two or three other projects in the state and has requested a time extension to and in- cluding June 1 for this project (this would extend the time for which the liqui- dated damages of $450 a day would begin running.) A communication was received from Moss last week voluntarily declaring itself in default of the contractual agreement and declaring its intention to work with the bonding company as surety to complete the contract as a construction manager. The bonding company, Fi- delity and Casualty, and Moss Associates has already taken steps to pursue the work and complete it in a timely way. There have been two meetings, in which they have worked out an understanding on this project,.which he described in de- tail. While the work may not be finished by June 1, he has told the bonding com- pany that the town will not modify the contract and will consider whether addi- tional extensions are appropriate if needed. In consideration of not expelling the contractor, they have insisted that Mr. Moss take personal charge of the con- tract and more closely supervise the work - he has agreed to spend at least two days a week on the job. The town has also insisted that obligations to subcon- tractors and suppliers are to be met on a timely basis by the surety - this is both a performance and a subcontractors ' payment bond. Moss is not in financial trouble - the problem has to do with other operations of his corporation. We could stop the project, but see no reason to do so in light of the cooperative spirit and the obvious interest of the surety to move it forward and their com- mitments to date. Formal notice has been sent to the bonding company today (Mr. Martin has reviewed it) andygave asked them to respond to the terms we have set. MINUTES OF APRIL 25, 1984 MEETING. Mr. Bos asked what Moss ' corporate problem is? Mr. Niccolls said he 9 1 asked him if anything on this job is putting him in finahcial jeopardy and his reply was that it is not any financial problem related to this job. Ap- parently other jobs are causing his problem. He has declared default on all three of his jobs. We received his notice on April 18th. Mayor Sevila asked that all this information be sent to councilmembers. Mr. Coffey asked if they have agreed to this? Mr. Niccolls replied that Mr. Moss and a representative from the insurance company were here yesterday and agreed to all this. We ex- pect to receive a letter saying how they will proceed with this work. 84-0-14 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP IN RE IIZM-45. On motion of Mr. Tolbert, seconded by Mr. Coffey, the follo-vi”r,• ordinance was proposed: WHEREAS, Rezoning Application IIZM-45 by Leesburg Joint Venture, Inc. was referred to the Planning Commission on December 14, 1983; and WHEREAS, the Planning Commission on January 5, 1984 held a public hearing on the application for rezoning; and WHEREAS, on March 1, 1984 the Planning Commission adopted a resolution recommending to the Council approval of the rezoning request; and N- WHEREAS, the applicant's written proffer was presented to the Council ?. N prior to a public hearing held by the Council on April 11, 1984; and WHEREAS, it is determined that the public necessity, convenience, gene- ralLLJ welfare and good zoning practice require the amendment: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise the zon- ing district map to change from R-1 to R-3 the 47.1548 acres of land shown on a. July 1983 plat prepared by Frey, Sheehan, Stocker and Assoc. , IIInc. , land planning consultants, together with a metes and bounds de- scription of the 47.1548 acres, subject, however, to the following j con- ditions proffered by the applicant pursuant to Sections 15.1-491.1 through 15.1-491.6 of the 1950 Code of Virginia, as amended, and Section 11-8-4 of the Leesburg Zoning Ordinance: 1. Inclusion of Parcel within Planned Residential Development At such time as the town has in effect a Planned Development Ordinance substantially like the draft planned development ordinance dated April 18, 1984, now being considered by the town for adoption, the applicant will include within a larger application under such ordinance, as depicted on Exhibit !11 attached hereto and made a part hereof, the land comprising ZM-45; provided that the applicant may continue to reply on any appro- vals, such as subdivision, site plan and related approvals, granted to applicant, or otherwise materially relied upon by applicant prior to the approval of such larger application under a newly-adopted planned de- velopment ordinance; provided further that the town adopts its Planned Development Ordinance no later than June 1, 1984. 2. Limitations on Density The applicant will not build more than 289 residential units on the land comprising ZM-45 and in any case will not build at a rate of density greater than 8 units per acre of ground not in the 100-year flood plain of Cattail Branch as determined by the Town Engineer and the United States Federal Emergency Management Agency (FEMA) . Further, the density accorded to the subject parcel by the building of up to 289 residential units shall not cause the overall density of residential development on the parcel or parcels depicted on the attached plat which is hereby designated Exhibit #1 and made a part hereof to exceed the total residential density other- wise allowed by the town on such parcel or parcels under the Planned De- velopment Ordinance referenced in Proffer 1, above. MINUTES OF APRIL 25, 1984 MEETING. 92 3. Limitations on Building in Flood Plain The applicant will construct no principal or accessory structures upon the property which is the subject of ZM-45 that lies within the 100-year flood plain of Cattail Branch. Said 100-year flood plain shall be as de- termined by the Town Engineer and by the United States Federal Emergency Management Agency (FEMA) . 4. Transportation Access Primary access to and from the subject parcel will be along Exeter Drive as shown on the two alternate plans attached hereto and made a part hereof as Exhibits 112 and #3, respectively. Said plans depict the respective configurations of Exeter Drive in the event, one, access is obtainable onto the Route 15 by-pass via the eastern terminus of Exeter Drive, or, two, such access is not obtainable and access onto the Route 15 by-pass is obtainable only via Balls Bluff Road. The applicant will construct said Exeter Drive in accordance with alternative one, above, if allowed, and in accordance with alternative two only if not allowed to build alternative one. The construction of said Exeter Drive in either case shall be to standards approved by the town and shall be substantially completed prior to the obtaining of any occupancy permits for the residen- tial units built upon the land which is the subject of ZM-45. 5. Transportation Dedication The applicant will dedicate up to 5.8 acres of land as shown on the plan attached hereto and made a part hereof as Exhibit #4, for the pur- pose of the construction thereon of a portion of a grade-separated "clover- leaf" interchange at the eastern terminus of Exeter Drive and the Route 15 by-pass, or up to 2.2 acres of land as shown on the plan attached hereto and made a part hereof as Exhibit #5 for the purpose of the construction thereon of a portion of a grade-separated "diamond" interchange at said location depending on whether a "cloverleaf" or a "diamond" interchange is required at that location by the town. However, such dedication will revert to the applicant in the event there is a decision by the Virginia Department of Highways and Transportation and the town not to require ac- cess from the Exeter Project to the Route 15 by-pass via a grade-separated interchange located at the eastern terminus of Exeter Drive. And provided further that no land shall revert to the applicant upon which public road- way has been constructed or upon which right-of-way directly related to such construction has been required for public use. 6. Open Space/Recreational Facilities/Buffering The applicant will provide open space, recreational facilities and buf- fering for the land which is the subject of ZM-45 such that the total of open space, recreational facilities and buffering provided for the parcel or parcels depicted on Exhibit 111 hereof, including thereby the land which is the subject of ZM-45, will meet the requirements for open space, recrea- 1 tional facilities and buffering set forth in the January 19, 1984 draft of the Proposed Amendment of the Leesburg Zoning Ordinance to provide planned development regulations, provided that such requirements are not substan- tially amended after January 19, 1984 and provided further that the appli- cant may continue to rely on any approvals, such as subdivision, site plan and related approvals, granted to applicant, or otherwise materially re- lied upon by applicant pursuant to the approval by the town of ZM-45. SECTION II. This ordinance shall be in effect upon its passage. Mr. Bos asked if there are any changes from what was discussed at workshop? Mayor Sevila replied that the date of the draft of the PD ordinance has been changed to reflect the April 18th date. Mr. Bos understood the applicant is prepared to make a PD application for the rest of the Exeter development fairly soon after that ordinance is adopted by Council. Mayor Sevila asked Mr. Robin how badly it would impair his client if this matter were carried over to the next meeting, thereby allowing the May 2nd workshop meeting for further discussion of the PD ordinance? Mr. Robin replied that the whole purpose of coming to Council with ZM-45 was to move forward with a construction schedule this year - unless there are some substantial changes that would very much negatively impact this project, they will still be coming back under the PD concept. They would much rather not wait until May 9th - they would like to get the process going. Further discus- sion revealed that Council would rather wait until the PD ordinance is approved to act on this matter. However, Mr. Robin felt Mr. Kuchta would want Council to vote on this matter tonight and take that particular qualifier out of the proffer - he wants to move forward on this. They will rely on the PD ordinance as they 1 MINUTES OF APRIL 25, 1984 MEETING. eventually pass it and proffer to bring it in under that ordinance; also, to 93 allow the town another month for adoption of the PD ordinance. He is the au- 1 thorized agent for Mr. Kuchta for this purpose and will make those changes. These changes were made by Mr. Robin. 1 On motion of Mr. Bos, seconded by Mr. Willis, Council voted unanimously to amend Proffers No. 1 and 6 to read as follows: 1. Inclusion of Parcel within Planned Residential Development At such time as the town has in effect a Planned Development Ordinance, the applicant will include within a larger application under such ordinance, as depicted on Exhibit Ill attached hereto and made a part hereof, the land comprising ZM-45; provided that the applicant may continue to rely on any approvals, such as subdivision, site plan and related approvals, granted to applicant, or otherwise materially relied upon by applicant prior to the approval of such larger application under a newly-adopted planned de- velopment ordinance; provided further that the town adopts its Planned De- velopment Ordinance no later than July 1, 1984. 6. Open Space/Recreational Facilities/Buffering The applicant will provide open space, recreational facilities and buffering for the land which is the subject of ZM-45 such that the total of open space, recreational facilities and buffering provided for the N parcel or parcels depicted on Exhibit #1 hereof, including thereby the w land which is the subject of ZM-45, will meet the requirements for open m space, recreational facilities and buffering set forth in the amendment Q of the Leesburg Zoning Ordinance to provide planned development regula- tions, and provided further that the applicant may continue to rely on any approvals, such as subdivision, site plan and related approvals, granted to applicant, or otherwise materially relied upon by applicant pursuant to the approval by the town of ZM-45. Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. I The ordinance, as amended, was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. Mayor Sevila asked Mr. Robin to have Mr. Kuchta submit a letter to Council re- garding the possible reversion of the 5.8 acres. Mr. Robin said such a letter will be provided. 84-0-15 - ORDINANCE - AMENDING CHAPTER 13 OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS. On motion of Mr. Tolbert, seconded by Mr. Willis, the following ordinance was proposed: WHEREAS, under Section 15.1-472 of the Code of Virginia, as amended, this Council referred proposed amendments to the Subdivision and Land Develop- ment Regulations by Resolution No. 84-5; and WHEREAS, on February 16, 1984, the Planning Commission held a public hear- ing regarding the proposed amendments; and WHEREAS, the Commission has recommended adoption of amendments to Sec- tions 13-52 and 13-73 of the Subdivision and Land Development Regula- tions; and WHEREAS, a public hearing was held by this Council as required by Sec. 15.1-431 of the Code of Virginia, as amended on April 11, 1984, at which time interested persons were invited to appear and present their views on the proposed amendments: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia • as follows: SECTION I. Sections 13-52 and 13-73 of the Town Code are amended to read as follows: n MINUTES OF APRIL 25, 1984 MEETING. 9 Sec. 13-52. Purpose, jurisdiction. This article provides procedures and regulations for the subdivi- sion and development of land within the town. Sec. 13-73. Streets. Add a new subparagraph to read as follows: (m) Whenever a proposed subdivision contains or is adjacent to a through collector route, vehicular access to lots within the subdivi- sion shall be provided by a system of local collector routes and local streets without direct vehicular access from the lots to the through collector route. Variances of this requirement under Section 13-91 shall be made only after consideration of traffic safety requirements. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. Mr. Coffey commented that he would hope through collector streets would be desig- nated as such. The ordinance was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mr. Willis, seconded by Mr. Bos, the following resolutions were proposed as consent items and unanimously adopted: 84-60 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 1985 BUDGET. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider the proposed budget for fiscal year 1985 and to give notice of the proposed tax increase as required by state law shall be published in the Loudoun Times Mirror on May 10, 1984 for public hearing on May 23, 1984 at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. 84-61 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING A PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR THE DEVELOPMENT OF LOTS 8 AND 9 OF PARKER SUBDIVISION. WHEREAS, the developer of the automobile dealership on Lots 8 and 9 of Parker Subdivision on South Street has completed public improvements in accordance with town standards and specifications and these have been inspected and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The public improvements for Lots 8 and 9 of Parker Subdivi- sion are accepted for public use by the town. SECTION II. The People's National Bank of Leesburg irrevocable letter of credit No. 9 in the amount of $6,040 guaranteeing installation of public improvements is released and a one-year maintenance guarantee in the amount of $302 in a form approved by the town attorney is approved. SECTION III. This resolution is subject to review and approval of the maintenance guarantee by the town attorney and public improvement as- built construction drawings by the Director of Engineering. 84-62 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR THE KINDER CARE LEARNING CENTER. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute, on behalf of the town, an agreement (form PC-2) with Kinder Care Learning Center for installa- tion of public improvements shown on plans approved by the Planning Com- mission and Director of Engineering. MINUTES OF APRIL 25, 1984 MEETING. (1 SECTION II. A performance guarantee in a form approved by the town 9 5 attorney in the amount of $8,064 is approved to guarantee installa- tion of public improvements for the Kinder Care Learning Center de- velopment. 84-63 - RESOLUTION - APPROVING THE PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS, APPROVING A WATER EXTENSION PERMIT AND AUTHOR- IZING A WATERMAIN EASEMENT AND STORM WATER MAINTENANCE AGREE- MENT FOR THE LAFAYETTE DEVELOPMENT IN LEESBURG. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute, on behalf of the town, an agreement (form PC-2) with Lafayette of Leesburg for installation of public improvements shown on plans approved by the Planning Commission and Director of Engineering. SECTION II. The extension of municipal water for this facility is ap- proved in accordance with Section 19-18 of the Town Code. SECTION III. A cash performance bond in the amount of $9,100 is approved as security to guarantee installation of public improvements for the rIVr Lafayette development. r- SECTION IV. The manager is authorized to execute a watermain easement N agreement in a form approved by the town attorney. mSECTION V. The manager is authorized to execute a stormwater management Q agreement between Lafayette and the town in a form approved by the town attorney which assures that the developer will maintain the stormwater management facilities. Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 84-64 - RESOLUTION - AUTHORIZING SETTLEMENT OF RODRICK RIGHT-OF-WAY ACQUISITION. On motion of Mr. Willis, seconded by Mr. Gheen, the following resolution was proposed and unanimously adopted: WHEREAS, Raymond R. Rodrick and the town on March 31, 1983 entered into an agreement permitting the town to lay off and extend West Catoctin Circle across Rodrick's property, as shown on a plat made by Bengtson, DeBell, Elkin & Titus dated December 17, 1982, prior to the final set- tlement of compensation for the fair value of the land taken and damage done by the extension of West Catoctin Circle; and WHEREAS, the town paid Rodrick $9,500.00 as its offer for the land and the temporary construction easement; and WHEREAS, the present owner of the Rodrick land has offered to accept the $9,500.00 as full settlement for the fair value of the land and damages: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall accept on behalf of the town the offer of the present owner of the Rodrick land to settle the right-of-way acquisition for the West Catoctin Circle extension and the manager shall accept on behalf of the town a deed for the conveyance. Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 84-65 - RESOLUTION - AUTHORIZING SALE OF 7,573 SQUARE FEET OF EAST FIRST STREET RIGHT-OF-WAY. On motion of Mr. Tolbert, seconded by Mr. Bos, the following resolution was proposed: WHEREAS, an offer has been received from Thomas W. Nalls on behalf of Charles T. Matheson and Malcolm Matheson, III, trustees, owners of a 3.57 acre tract of land lying at the southeast corner of South King MINUTES OF APRIL 25, 1984 MEETING. 96 Street and East First Street for the purchase of 7,573 square feet of East First Street right-of-way for a cash price of $26,505.50; and WHEREAS, the land proposed to be purchased is not needed for present or future right-of-way purposes and is therefore surplus and available for sale: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager shall execute, on behalf of the town, a deed conveying 7,573 square feet of East First Street right-of-way to Charles T. Matheson and Malcolm Matheson, III, trustees, for a cash price of $26,505.50. There was discussion concerning whether or not the town can sell this land with- out advertising. Mr. Martin said he is dealing with title questions and the land might have to be vacated. Mr. Nails will have to resolve whether dedi- cated streets can be sold when they are not owned in fee simple. This will signify council's interest in selling it and the details can be worked out later. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 84-66 - RESOLUTION - INITIATING REPEAL OF EXISTING ZONING DISTRICT MAPS AND ADOP- TION OF A NEW ZONING DISTRICT MAP. FOR ALL THE TERRITORY OF - THE TOWN. On motion of Mr. Coffey, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, the Leesburg zoning district map adopted March 9, 1959 has be- come obsolete as a result of changes in property lines, new streets, subdivisions and annexations; and WHEREAS, a new zoning district map has been prepared showing zoning dis- trict boundaries for all the territorywithin the town as of April 25, 1984; and WHEREAS, with the exception of a minor technical change from A-3 to R-4 in the Leesburg Country Club area, the new zoning district map does not change the zoning classification for any property within the town: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of Section 1-2, Map, of the Leesburg Zoning Ordi- nance is initiated to repeal the zoning district map originally adopted March 9 , 1959, as subsequently amended from time to time thereafter, and to adopt in place thereof a new zoning district map to be known as the "Leesburg Zoning District Map" which shall establish the zoning district boundaries for all the territory within the town. SECTION II. Repeal of the zoning district map applicable to territory ' annexed January 1, 1984, which was adopted by Or• nance Nos. 82-0-6 and 83-0-6 as part of the Leesburg zoning ordinance/initiated. SECTION III. A public hearing at which persons may appear and present their views on the amendment and repeal proposed above shall be held beginning at 7:30 p.m. or as soon thereafter as the matter may be reached on May 23, 1984 in the Council Chambers, 10 West Loudoun Street, Lees- burg, Virginia and pursuant with Section 15.1-431 of the Code of Virginia, as amended, this hearing shall be a joint public hearing of both Planning Commission and Council. The clerk shall give notice of this hearing and the Council's intention to consider the above amendment and repeal on May 3, 1984 and May 10, 1984 and shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION IV. The Planning Commission shall report its recommendations to the Town Council on the proposed amendment and repeal within sixty days of the public hearing. MINUTES OF APRIL 25, 1984 MEETING. Mr. Bos suggested that the advertisement contain some notice that we are not 9'7 repealing zoning categories, but just changing the zoning map. The resolution was unanimously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. 84-67 - RESOLUTION - CONCERNING THE CONNECTION OF HERITAGE WAY AND MARSHALL DRIVE. On motion of Mr. Willis, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted after brief discussion: WHEREAS, this Council approved a proffer on August 26, 1981 concerning • the connection of Heritage Way and Marshall Drive as part of the rezon- ing of 63 acres of land previously owned by International Pavilion Com- pany located at the northewest corner of Edwards Ferry Road and the Route 15 By-pass; and WHEREAS, the Council's intention in approving the proffer was to prevent the connection of the northwardly extension of Heritage Way and Marshall Drive in Carrvale Subdivision; and WHEREAS, the comprehensive plan for Leesburg, 1974, which recommends the connection of Heritage Way and Marshall Drive, is a general guide to be interpreted and implemented by action of the Town Council after considera- N tion of specific development proposals; and W CD WHEREAS, the Council has determined that the connection of the northwardly Q extension of Heritage Way and Marshall Drive is currently not required; and WHEREAS, the Planning Commission is now considering the preliminary plat of Exeter II Subdivision which does not propose the connection: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Planning Commission shall not require the construction of a connection of the northwardly extension of Heritage Way and Marshall Drive as part of the preliminary or final plat of Exeter II Subdivision provided the following conditions are met: (1) The subdivider shall dedicate for public use a proposed through collector right-of-way generally as shown on the thoroughfare plan to provide a future connection of Heritage Way and Marshall Drive. (2) The subdivider shall construct a pedestrian walkway between the residential areas of Exeter II Subdivision and Marshall Drive in Carrvale Subdivision. 84-68 - RESOLUTION - MAKING AN APPROPRIATION. On motion of Mr. Gheen, seconded by Mr. Willis, the following resolution was proposed and unanimously adopted: • RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made from the South Harrison Street Capital Project Fund Year 3 unappropriated fund balance to account number 9300.307, Re- location, in the amount of $25,000. Aye: Councilmembers Bos, Coffey, Gheen, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mr. Tolbert, seconded by Mr. Gheen, Council voted unanimously to adjourn the meeting at 10:00 p.m. Mayor Clerk of the Council