HomeMy Public PortalAbout1984_05_23 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARINGS ON
#ZM-49 - AMENDMENT OF PROFFERS FOR CARRADOC HALL; COMBINED ZONING MAP FOR 109
ENLARGED TOWN AND 1984-85 BUDGET, MAY 23, 1984.
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 West Loudoun Street, Leesburg, Virginia on May 23, 1984 at 7:30
p.m. The meeting was called to order by the Mayor, with the invocation given
by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Coffey.
Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Edgar L.
Coffey, Jr. , Marylou Hill, John W. Tolbert, Jr. , Charles J. Williams and Howard
M. Willis, Jr. ; also Deputy Manager Jeffrey H. Minor, Director of Engineering
Andrew G. Shope, Director of Finance Donald 0. Taylor, Zoning Administrator
Robert C. Forbes, Director of -Utility Plants_ Randolph W._Shoemaker' and Town At- -
torney George M. Martin.
PETITIONERS:
Mr. Frank Reynolds, staff attorney with the Piedmont Environmental Council,
said the Council has been working with transfer of density provisions far many . •
years and(( has two important concerns: (1) they identify with rural land preser-
vation and7/€hey are interested in town design and historic districts. He explained
in detail the advantages of TDR's - the preservation of open land is in the in-
terest of the town, as well as to anyone living in those rural areas - they all
pay the same county taxes. Scattered type development is more expensive to main-
tain than is compact planned unit type development, therefore, the latter costs
less to.support it, is more efficient and is in the town's interest in terms of
design. Transfer of density is not a design control - it is merely a way to move
existing density from one place to protect a tax beneficial property to another
N place where it is more efficient to build. The real benefit of this program is
W to make it a simple type of process that a developer can take to the bank. TDR's
CO can be a magnet for the town for the density that Council determines is proper.
Q The Piedmont Environmental Council will be glad to meet with Council and : . •.
try to answer any of their questions. They would like to see the transfer of
density program in the town's ordinance and very much like the County is con-
templating, with the discretion being at the plan level. It is to the benefit
of both the town and the county.
Mr. Tom Nalls, attorney, agreed with Mr. Reynolds. He said he has been
working with his client, the owner of the Beus property, for the last year or so,
monitoring the progress of the proposed planned development ordinance and its
various revisions. He understood this latest revision in some way alters the
potential density of property through some mechanism. This is of great concern
since they have been planning for some time around the basic assumptions in the
various drafts of the ordinance. He asked that Council not make a radical change
1 at this point - it would be quite disruptive to his client, as well as others.
"Don't strangle the golden goose" and force everybody to go back to what is not
the state of the art any more in planning.
PRESENTATION OF CERTIFICATES OF APPRECIATION:
A Certificate of Appreciation was presented by Mayor Sevila to Hunter M.
Leach for twenty years' service to the town as a member and Chairman of the
Leesburg Planning Commission from 1963 to 1983.
Mayor Sevila also presented a Certificate of Appreciation to Reginald K.
1 Gheen for two years' service as Councilmember from 1982 to 1984. He noted
that Mr. Gheen also served as a councilmember in the 1950's. Mr. Gheen con-
gratulated Mayor Sevila and other members of council on their election and re-
election and thanked those voters who voted for him. He considered it a privi-
lege to serve on Council and will continue to follow the town's affairs with
interest.
PUBLIC HEARING ON /IZM-49 - AMENDMENT OF PROFFERS FOR ZMAP 272 (LOUDOUN COUNTY),
CARRADOC HALL.
Mr. Robert Haas, representing Robert G. Bussard in his application for
modification of the original proffers on this property, said Carradoc Hall, lo-
cated on Route 7 east of Leesburg, is now in the town limits. His client plans
to restore _ this 210-year old structure and put it to use in the form of a res-
taurant-inn and adjacent motel. He exhibited a drawing of the proposed project,
explaining it in detail. Mr. Bussard plans to enhance the historic character
of the whole site - this would create a nice landmark for the eastern entrance
to Leesburg. The proposed modifications to the proffers would allow the use of
the property as they are proposing - this is a good use for this historic property,
it will be good to have it open to the public and will be a viable use as a part
of the economy. Staff had noted some questionable uses under this zoning category,
MINUTES OF MAY 23, 1984 MEETING.
110 so they have proffered out the undesirable uses. It is not their intention
to erect any building or other structure that would obscure Carradoc Hall it-
self. They expect to restore the building in accordance with Virginia Land-
. mark Commission requirements (he cited several of these) . It is not under
any historic landmark jurisdiction now, but Mr. Bussard wants to preserve it,
put it to good viable use and have it become a part of the. community. This
would be a good addition to the town, not to mention the $2,000,000 in annual
revenues to help the tax base. He requested Council to act onthis tonight, so
they might start construction in August of this year in order to have it open
before the start of the summer season next year. Mr. Bos asked if they have
any announcementconcerning a motel chain? - Mr. Haas said Mr. Bussard has ap-
plied for a Holiday Inn franchise and they have acknowledged the application
and indicated a favorable interest in the project. Mr. Tolbert was interested
in what they plan to do with the old barn. Mr. Haas said they hope to use it
as an antique shop, but they will have to employ a structural engineer to check
it out thoroughly before they know whether it is structurally sound.
Mayor Sevila had many questions concerning the proffers. Mr. Haas said
they were not sure they could build the new motel rooms under the existing prof-
fer and they were hoping they could connect to the town's sewer plant. There
was further discussion concerning the items being proffered out of Sec. 710.2
of the PD-CH regulations under the zoning ordinance, to which Mr. Haas replied
that they really want to keep only the accessory uses associated with the use
of the property for a restaurant/inn and hotel/motel complex.
There was no-one from the public to speak concerning this matter. Mayor
Sevila, therefore, declared the public hearing closed.
There followed discussion by councilmembers, with the question being raised'
as to why Item No. 4 of the original proffer was not included in the one proposed
here. It was decided that there is no amendment to this section, therefore, it
is not necessary to re-state it here. Mr. Coffey asked who would determine "ac-
cessory uses"? Mayor Sevila felt the Zoning Administrator would make such de-
termination, however, they are limiting the uses in this case.
84-0-17 - ORDINANCE - AMENDING PROFFERS MADE AS PART OF ZMAP 272 (LOUDOUN COUNTY)
lIZM-49.
On motion of Mr. Bos , seconded by Mrs. Hill, the following ordinance was
proposed and unanimously adopted:
WHEREAS, proffers made January 30, 1979, to Loudoun County as part of
ZMAP 272 were approved by the Loudoun County Board of Supervisors 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 ex-
clusively limited to the enlargement, modification or redecoration
of the existing structures necessary for the conversion to a res-
taurant/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 was received March 7, 1984, from Robert W. Haas, on
behalf of Robert G. Bussard, 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:
(1) That the subject property shall be used only as a restaurant/inn
and for tourist services and permitted accessory uses associated
with these uses;
MINUTES OF MAY 23, 1984 MEETING.
(2) Provided the wn grants an easement upon the access road to its
11.1
b
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; and
WHEREAS, the petition filed by Robert W. Haas on behalf of Robert G.
Bussard for revision of proffers approved as part of Loudoun County
rezoning /IZMAP-272 was referred to the Planning Commission on March 21,
1984 and assigned ZM-49; and
WHEREAS, the Planning Commission held a public hearing on April 19,
1984, at which persons affected by this application appeared to pre-
sent their views; and
WHEREAS, the applicant on May 2, 1984, amended the petition for revi-
N sions of paragraphs 1, 2 and 3 of the amended petition to read as fol-
lows:
w (1) That the subject property shall be used only as a restaurant/inn
m and for tourist services and permitted accessory uses associated
with these uses; as provided in Sec. 710.2 of the PD-CH regulations
under the zoning ordinance, except that the subject property shall
not be used for auto sales facilities or a gasoline service sta-
tion.
(2) Provided the Town grants an easement upon the access road to its
sewer plant, the subject property 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 here-
by voluntarily agrees to conform to the guidelines of the Virginia
Historical Landmark Commission in regard to the restoration and re-
decoration of the original Carradoc Hall structure; and
WHEREAS, the Planning Commission on May 3, 1984 found that the amended
petition, IIZM-49, is required by the public necessity, convenience, gene-
ral welfare or good zoning practice because:
1. IIZM-49 will result in protection and conservation of an historic
building in conformance with the annexation area development poli-
cies; and
2. The applicants have included proffers which adequately protect the
Carradoc Hall structure and the town from adverse effects and elimi-
nate potentially incompatible uses from the PD-CH District, and
WHEREAS, a public hearing on the petition was conducted by this Council
on May 23, 1984; and
WHEREAS, the Council finds that approval of amended petition I#ZM-49 is
required by the public necessity, convenience, general welfare or good
zoning practice for the reasons given by the Planning Commission:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The amended petition of Robert W. Haas, #ZM-49, on behalf
of Robert G. Bussard, Trustee, contract purchaser of Carradoc Hall,
Tax Map 49-26B for amendment of paragraphs 1, 2 and 3 of proffers ap-
proved by the Loudoun County Board of Supervisors as part of ZMAP-272
is approved and such paragraphs shall read as follows:
MINUTES OF MAY 23, 1984 MEETING.
112
(1) That the subject property shall be used only as a restaurant/inn
and for tourist services and permitted accessory uses associated
with these uses; as provided in Sec. 710.2 of the PD-CH regula-
tions under the zoning ordinance, except that the subject prop-
erty shall not be used for auto sales facilities or a gasoline
service station.
(2) Provided the Town grants an easement upon the access road to its
sewer plant, the subject property 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 here-
by voluntarily agrees to conform to the guidelines of the Virginia
Historical Landmark Commission in regard to the restoration and re-
decoration of the original Carradoc Hall structure.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
PUBLIC HEARING ON COMBINED ZONING MAP FOR ENLARGED TOWN.
It is noted that this was a joint hearing with members of the Planning Com-
mission. Present for the Commission were Commissioners Belles, Curry, Hill,
Jackson and Stowers, thus constituting a quorum. Mrs. Curry requested that
action on this matter be deferred until after the Commission's June 7th meet-
ing. Mr. Forbes found no problem with this request and gave a staff report
on this project. In order to combine both maps, they had to go to a much
smaller scale. There are 12 categories in the old town and nine in the area
of annexation. Proffers are shown on each rezoning where one was given. The
only change made was in Leesburg Country Club, where there were a few lots in
an A-3 zo Most of them have already been built on and they are attempting
to correct/0
making the entire area that has been subdivided R-4. There is
a drainage-way through that area, but no flood plain was designated. Mr. Cof-
fey questioned this, feeling that the court record would show another zoning.
Mr. Forbes said he went over every piece of property in the newly..annexed area
with the County zoning department to make absolutely sure. At the time it would
have been rezoned, the town had jurisdiction over subdivision, but the County had
jurisdiction over zoning.
Mr. Terry Titus, local engineer, said he has several clients who have in-
terest in PD zones. He had a question as to interpretation of the Zoning Ordi-
nance in the County with respect to flood plains and whether they are "out" zones
or are part of an "overlay" zone? This does affect certain properties in the PD
district if they are zoned A-3. Also, if you are using the County Zoning Ordi-
nance in a PD zone, such as PD-IP or CH, does the County site plan apply or does
the Town site plan apply? (He cited an example) Mayor Sevila said, with-.respect
to the"PD zones, we will be employing the provisions of the County zoning ordi-
nance until such time as we have provisions in place to supplant them - this is
required of us under the annexation order. He felt these questions should be
referred to the Planning Commission.
The public hearing was closed. Mayor Sevila said a recommendation should
be forthcoming from the Planning Commission by June 7th, so this matter will
be deferred until the regular meeting of Council on June 13. Mr. Bos said he
would like a memo from the Town Attorney as to what .site plan ordinance exists
now.
On motion of Mr. Coffey, seconded by Mr. Tolbert, Council voted unani-
mously to refer this matter to the Planning Commission for action by June 7th
and to put it back on Council's agenda for the regular meeting of June 13:
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
MINUTES OF MAY 23, 1984 MEETING. q
PUBLIC HEARING ON 1984-1985 BUDGET: 11 3
Director of Finance Donald Taylor advised that the proposed budget is a
balanced budget, with a proposed real estate tax rate of 21 cents and water and
sewer rates at the current level. It proposes General Fund expenditures of
$3,326,000; operation of the Water Supply System and the Water Pollution Control
Facility at a cost of $2,267,000; funding for the Airport operations at a cost of
$205,000; use of the Revenue Sharing entitlement in the amount of $80,000 as a
transfer to the General Fund for law enforcement uses and a Capital Improvement
Budget of $8:7 million dollars ($7.3 million of that is drawn from Federal and
State grants, with the balance coming from the remaining proceeds of the 1983
$4 million general obligation bond issue) . This public hearing responds to three
requirements for hearing - one for general hearing on the budget, a hearing on the
proposed use of the Revenue Sharing entitlement and a hearing on the proposed in-
crease in the real estate tax rate.
Mr. Bill Stout noted that the assessed valuation was almost $28,000,000 in
1976 - that has progressed to a proposed $341,000,000 for the coming fiscal year.
On a year-by-year basis, the assessed valuation has gone up, with the exception
of one year, and has been matched by a decrease in the tax rate. For 1984-85,
assessed valuation has gone up almost $1,000,000 and the tax rate also goes up
with it - this at the same time parking meter fees are doubled. It is time to
put some brakes on this business - where does it stop? The total budget doubles
from $7,000,000 to $14,000,000 from 1984 to 1985 - this is big money. Though
part of this comes from State and Federal grants, we are the ones who are paying
N it. It seems that we are acting like a big city - he felt most of the people
W did not want that - we could lose our small town identity. We have a bureaucracy -
m we have built up a pay grade system consisting of 19 pay grades for 83 employees.
Q The Federal Government survives with only 16 grades. Something needs a lot of
re-examination. He suggested that Council continue for the first three months
under a continuing resolution for 1984 and completely restudy the budget.
Mr. Charles Smith, President of Virginia Knolls Community Association, hoped
their community would get the modified improvements to the Tuscarora Channel they
have been discussing with the town's engineer for the last couple of years.
' Col. Peter Packard was very concerned about the trend of the tax base on
personal property - as it stands now, his personal property taxes will go up
33 :percentthisyear because of reassessment. He was concerned at the time of
the annexation hearing - he felt the rate would be doubled in 10 years. If this
is the new tax look, they will be doubled in six years. Leesburg gives excel-
lent service to its residents now but, at this rate, he feels services will be
cut down while the rate goes up. He urged that Council really study this - the
budget must be reduced so that any increase will reflect no more than the rate of
inflation (5% generally accepted for the past year) .
Mayor Sevila declared the public hearing on the budget closed and deferred
this to workshop for consideration of the comments heard tonight and additional
budget materials received tonight. Projected adoption is June 13th.
COUNCILMEMBERS' COMMENTS:
Mr. Bos said he and Mr. Williams joined the progressive tour last week spon-
sored and conducted by the County Economic Development Department for Washington
area business and prospective industrial park people. There were two bus loads,
plus resource people from the town, the county and Chamber of Commerce. He Wel-
comed these people at Xerox and described our economic development activities.
The tour through Leesburg was conducted by staff members Jeff Minor and Mark
Nelis. The whole tour went very well.
Firemen's Field, owned by HAND, has a contract purchaser and the developers
have been before the Board of Architectural Review, seeking ideas for development.
BAR members and the applicants will probably tour the property and try to get some
idea of how it would look. It is proposed to build office and residential condo-
miniums - about 200 units. Many factors make up what its appearance might be.
Mr. Williams reported that he joined the progressive tour at Xerox and felt
it was very interesting. Mr. Bos's remarks were very good for the town. Mark
Nelis did an outstanding job of pointing out the various aspects of Leesburg.
He talked with some people who were interested in the commercial element of
Leesburg. He felt this mutual operation will pay off in dividents for both the
town and the county.
Mr. Tolbert said he attended Awareness Week at the FAA today - they have
been there 20 years. He was the guest speaker and brought them up-to-date on
Leesburg and Loudoun County.
MINUTES OF MAY 23, 1984 MEETING.
114 MANAGER'S REPORT:
Mr. Minor commented that a written activity report was delivered on Monday.
A report on the Edwards Ferry Road Park proposal is before them tonight.
Mayor Sevila declared a short recess at this time, after which .Council
reconvened and continued the meeting.
REMARKS CONCERNING PLANNED DEVELOPMENT ORDINANCES:
Mayor Sevila recognized Mr. Ed Finnegan, County Attorney, who said a ques-
tion has arisen with regard to action of the Council in a recent workshop to
delete the transfer of residential development rights provisions from the
Planned Development ordinance. Is this a major policy change? Density trans-
fers was a cornerstone of the annexation settlement. He read from the intro-
duction and purpose of the annexation development policies, wherein the town and
the board recognized they were partners in their responsibilities to the citi-
zens of the annexation area. One of the great concerns of the County was the
preservation of agricultural and appropriate historical areas - they thought a
density transfer program would make this possible. After discussions and public
hearings, everybody seemed to be in accord with this and it has been an integral
part of the proposed Town Plan - now, two days before action, it seems to have
disappeared from the ordinance. If this is a policy change, they would request
the Council to consider empaneling the policy committee. If this is a situation
where they wish to study this issue with specific regard to a Planned Develop-
ment ordinance, this would be of a lesser import, however, if it's a decision .
to give up the idea of density transfers, then they are concerned.
Mayor Sevila replied that this does not represent any major policy change
on the part of Council during the workshop on Monday night. Primarily, very
legitimate concerns were expressed by those members present - summarizing that
there was an overall lack of policy, both at the Town and the County level, for
the implementation for a density transfer program. It was the unanimous feeling
that perhaps it should be the subject of some additional study. It is felt that
there is a general need for additional guidelines for this program. The pri-
mary concerns were that the provisions of Section 7B-19 were mandatory on the
town - the town was denied any exercise of discretion relating to the accept-
ance of density transfers offered to it by a developer. There was no specificity
in either county or town documents as to what an appropriate "sending" or "re-
ceiving" area might be and what limitations might be placed on either of them.
It was felt that some specific policy addressing many points should be developed.
The town is aware that the County is in the process of adopting its own policy
and hopes to participate in that development of policy. We want to be sure that
the residents of the county and the town are the mutual beneficiaries of what-
ever our mutual acts are. He added that he was a part of the negotiating team,
along with Mr. Willis - he supported it then and he supports it now. He intends
to pursue the development of a workable formula for the implementation of the
density transfer concept as soon as possible.
Mr. Bos felt the sense of the Council is that the density transfer pro-
gram does have benefits and that each person supports pursuing it in the imme-
diate future. He personally feels that overall density ranges need to be dis-
cussed - this is the bigger issue. Once that is set,_ is reasonable and includes
the density transfer program, he believed the problem would be solved. Council
needs to agree on such a policy. He supports the program in the right form.
Mr. Williams believed density is the key - this is the area he is deeply
concerned about. Mrs. Hill agreed. Mr. Willis was in favor of TDR's as long
as they are properly applied. He supported this during annexationand still
does. He thought it could be worked out. Mr. Coffey said many hours in work-
shops have been spent on this and a public hearing was held, with many comments.
He was not opposed to the concept, but was concerned about implementation and
management of it. He is anxious to see the Planned Development ordinance
passed - the TDR's can be added to it later. He would like to see it passed as
is. Mr. Tolbert agreed with Mr. Bos - density has been the key issue. He
thought they should go ahead and pass the PD ordinance.
84-0-18 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE TO PROVIDE REGULA-
TIONS AND REQUIREMENTS FOR PLANNED DEVELOPMENTS.
On motion of Mrs. Hill, seconded by Mr. Coffey, the following ordinance
was proposed:
MINUTES OF MAY 23, 1984 MEETING.
WHEREAS, an amendment of the Leesburg Zoning Ordinance to provide 1 t5
regulations and requirements for planned developments was initiated
by this Council on December 14, 1983; and
WHEREAS, the Leesburg Planning Commission, after a public hearing
held jointly with the Council on January 11, 1984, recommended adop-
tion of regulations and requirements for planned developments; and
WHEREAS, the public necessity, convenience, general welfare and good
zoning practice require the adoption of regulations and requirements
for planned developments to fulfill the purposes set out in Section
7B-3:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is amended by the adoption
of a new article to be known as Article 7B, Planned Development, to
read as follows :
ARTICLE 7B. PLANNED DEVELOPMENT
(Sections 7B-1 through 7B-26 may be seen in the May 23, 1984 draft.)
NSECTION II. All prior ordinances in conflict herewith are repealed.
W SECTION III. This ordinance shall be in effect upon its passage.
There followed further comments in supportof this document by.Councilmembers Wil-
liams, Bos, Willis, Coffey and Tolbert. Mayor Sevila added that members of the
Planning Commission, staff and councilmembers had all attended numerous joint
workshops. There are people present tonight who spoke at public hearings or
forums beginning in January - an attempt is made to document comments made by
members of the public and councilmembers carried with them a summary of these
comments prepared by the staff. Evidence of many of these comments is included
in this document.
On motion of Mr. Willis, seconded by Mr. Bos, the following amendments
were proposed and unanimously adopted:
Index Page 1 - Section 7B-7 - PETITION FOR CONCEPT PLAN APPROVAL
AND AMENDMENT OF THE TOWN PLAN
Index Page 1 - Section 7B-8 - PETITION FOR APPROVAL OF PRELIMINARY
DEVELOPMENT PLAN AND ZONING MAP
AMENDMENT
Index Page 1 - Section 7B-12- CRITERIA FOR FINAL DEVELOPMENT PLAN
APPROVAL
Index Page 1 - Section 7B-13- CRITERIA FOR FINAL SUBDIVISION PLAT
APPROVAL
Page 13 - Section 7B-8 - Petition for approval of Preliminary Development
Plan and Zoning Map Amendment
Page 21 - Section 7B-12- Criteria for Final Development Plan Approval
Page 22 - Section 7B-13- Criteria for Final Subdivision Plat Approval
Page 38, Section 7B-21, second line - Change "bays" to "lots"
Page 39, first line - Organizations
Page 41, sixth line - No final plat or site plan within a planned
development shall net be approved
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
e MINUTES OF MAY 23, 1984 MEETING.
11
U The ordinance, as amended, was unanimously adopted:
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
84-0-19 - ORDINANCE - AMENDING THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS CONCERNING REGULATIONS AND REQUIREMENTS FOR
PLANNED DEVELOPMENT.
On motion of Mrs. Hill, seconded by Mr. Bos, the following ordinance was
proposed and unanimously adopted:
WHEREAS, an amendment of the Leesburg Subdivision and Land Development
Regulations was initiated by the Town Council on December 14, 1983 to
provide comprehensive regulations and requirements for unified plan-
ning and development of tracts held in common ownership or control;
and
WHEREAS, the Leesburg Town Council and Planning Commission on January 11,
1984 conducted a public hearing on the proposed amendments pursuant to
Section 15.1-431 of the Code of Virginia, as amended; and
WHEREAS, the Planning Commission on April 19, 1984 recommended adoption
of the proposed amendment; and
WHEREAS, an amendment of the Leesburg Subdivision and Land Development
Regulations is necessary to eliminate conflicts between the subdivision
regulations and zoning ordinance provisions for planned developments:
•
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Article IV, Chapter 13 of the Town Code, the Leesburg Sub-
division and Land Development Regulations, is amended to add a new sec-
tion to be known as Section 13-54.1, Planned Development, to read as fol-
lows:
Section 13-54.1. Planned Development.
Any provisions of this Article in conflict with an ordinance approv-
ing a concept plan and establishing a planned development district, a
resolution approving a final development plan or the approval of a final
plat or site plan under the regulations of Article 7-B, Planned Develop-
ment, of the Leesburg Zoning Ordinance are varied to the extent necessary
to fulfill the purpose of the planned development regulations.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION III. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
There followed discussion concerning the development of language for transfer de-
velopment regulations so that the Planned Development ordinance might be imple-
mented. Mayor Sevila suggested that this matter be put on the Council's workshop
agenda, with directions to staff to develop some language, taking into considera-
tion those issues raised at the PD workshop on May 21st, and get this back to
Council for its June 6th workshop. Mr. Bos said this will not solve the prob-
lem if most of the councilmembers are unhappy with the density ranges that have
been discussed - we have to solve this problem. Mayor Sevila suggested rolling
it all into the Comprehensive Plan for consideration,•but:it.wbuld__.be:wrong:to:'..;'.:.
wait .foi this Plan tb be reported out of Planning Commission.. .-_Mr.. -Williams felt
it .might be helpful to have Planning Commission comments. After further:discus-
sion, it was decided that staff will get a report back to Council on this matter
for its June 6th workshop.
84-76 - RESOLUTION - MAKING AN EIGHTH REDUCTION IN. THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLATION FOR CEDAR WALK SUB-
DIVISION.
Mayor Sevila asked Mr. Bos to preside over this matter since he has a con-
flict of interest.
f MINUTES OF MAY 23, 1984 MEETING.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following reso- 1:17
lution was proposed and unanimously adopted, with Mayor Sevila not voting:
WHEREAS, the developer's engineer, Bengtson, DeBell, Elkin & Titus and
1 the town's Director of Engineering have reviewed the public improvements
installed to date in Cedar Walk Subdivision and certify that the value
of work performed is $353,724 and the remaining amount of work is less
I
than $194,497; and
WHEREAS, a $412,235 Round Hill National Bank set aside letter and $99,354
Fidelity and Deposit Company of Maryland surety bond have been provided
by the developer and approved by Council to guarantee installation of
public improvements in Cedar Walk Subdivision; and
WHEREAS, the town has agreed, when appropriate, to decrease the perform-
ance guarantee by reducing set aside bank funds by 90 percent of the
value of work completed on the public improvements:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Round Hill National Bank set aside letter originally
in the amount of $412,235 is reduced to $95,143. The Fidelity and De-
posit Company of Maryland sureby bond in the amount of $99,354 remains
unchanged.
N
w SECTION II. The manager shall notify Cedar Walk, Inc. that liability
COfor set aside funds has been reduced as outlined in Section I of this
Q resolution, and that this reduction not constitute acceptance of public
improvements by the town or relieve the developer of responsibilities
outlined in the contract for public improvements for Cedar Walk Subdivi-
sion.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams and Willis.
Nay: None.
i
Mayor Sevila assumed the Chair.
84-77 - RESOLUTION - AUTHORIZING LEASE OF THE STEPHEN DONALDSON SILVERSMITH SHOP
AT 14 WEST LOUDOUN STREET TO RETROSPECT LOUDOUN ARTISANS, INC.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution
was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager shall enter into a one-year lease with Retrospect Loudoun
Artisans, Inc. for the Stephen Donaldson Silversmith Shop at 14 West
Loudoun Street, beginning August 1, 1984, at a monthly rental of $200.00,
and with terms and conditions as were approved by Resolution 83-95.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
84-78 - RESOLUTION - AUTHORIZING ESCROW AGREEMENT FOR FUTURE IMPROVEMENTS TO DRY
MILL ROAD FOR PAGEBROOK SUBDIVISION.
On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was
proposed and unanimously adopted after explanation:
IIIWHEREAS, the Planning Commission on May 10, 1984 granted preliminary
approval of the subdivision plat for Pagebrook Subdivision; and
WHEREAS, the approval included a waiver of the requirements for widen-
ing Dry Mill Road and installation of storm drainage improvements ad-
jacent to the Northern Virginia Regional Park Authority property, con-
ditioned upon establishing an escrow account for future improvements to
Dry Mill Road in an amount determined by the Director of Engineering:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
1 Q MINUTES OF MAY 23, 1984 MEETING.
118 8 SECTION I. The manager is authorized to execute, on behalf of the
town, an escrow account agreement in the amount of $13,000, such
funds to be used for future improvements to Dry Mill Road.
SECTION II. This resolution shall be effective upon review and ap-
proval of all above mentioned documents by the town attorney prior
to execution and acknowledgment by the manager.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
84-79 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON
REZONING IIZM-47 BY TUNIS H. AND DORIS CAMPBELL.
On motion of Mr. Coffey, seconded by Mrs. Hill, the following resolution
was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A Notice of Public Hearing to consider Rezoning #ZM-47 by Tunis H. and
Doris Campbell to have rezoned from R-2 to B-2, 8,733 square feet of
land located on the south side of Davis Avenue, bounded by Davis Avenue
on the north, the properties of Saeidi and Wright on the east and prop-
erty of Campbell on the south and Wirt Street on the west, shall be pub-
lished in the Loudoun Times Mirror on May 31, 1984 and June 7, 1984, for
public hearing on June 13, 1984 at 7: 30 p.m. in the Council Chambers,
10 West Loudoun Street, Leesburg, Virginia. •
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
PROPOSED RESOLUTION CONCERNING PUBLIC HEARING ON PROPOSED AMENDMENT TO ZONING
ORDINANCE TO ADD A NEW SECTION 8-2-11-7.
On motion of Mr. Williams, seconded by Mrs. Hill, a proposed resolution
concerning a public hearing on a proposed amendment to the Zoning Ordinance
to add a new Section 8-2-11-7 concerning dwellings in cluster subdivisions
was sent back to Council workshop on June 6th for further review and con-
sideration:
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
84-80 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE
FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A
SEWER EXTENSION FOR WENDY'S.
On motion of Mrs. Hill, seconded by Mr. Coffey, the following resolution
was proposed and unanimously adopted:
WHEREAS, the Planning Commission granted preliminary approval for a
development plan for Wendy's Old Fashion Hamburgers at the southwest
corner of East Market Street and Prosperity Avenue:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized to execute an agreement for in-
stallation of public improvements for Wendy's.
SECTION II. The extension of municipal sewer works for Wendy's is ap-
proved in accordance with Section 19-18 of the Town Code.
SECTION III. A performance guarantee in the amount of $12,365 guarantee-
ing installation of public improvements in accordance with plans approved
by the Director of Engineering for the Wendy's development on Prosperity
Avenue is approved.
MINUTES OF MAY 23, 1984 MEETING. n
SECTION IV. This resolution will become effective upon the approvall 1 9
of the form of performance guarantee by the town attorney.
Aye: Councilmembers Bos, Coffey, Hill, Tolbert, Williams, Willis and
Mayor Sevila.
Nay: None.
Mr. Minor called attention to the memorandum on the agenda concerning
the refuse collection bids - Table II on Page 1 gave the unit prices for com-
mercial pick-up - Lucas & Chinn should have been $15.00 - not $15.65. This
does not affect the evaluation of the bids.
IMayor Sevila noted a letter from Col. Michael C. Grenata concerning the
1984 - 1985 budget - this letter urged the town to keep the tax rate as low as
possible.
On motion of Mrs. Hill, seconded by Mr. Coffey, the meeting was adjourned
at 10:45 p.m.
Mayor
N Clerk of th ' Council
W
CO
Q