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HomeMy Public PortalAbout1985_09_11 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 11 , 1985- 23 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg,-. Virginia on September 11, 1985 at 7:30 p.m. The meeting was called to order by. the Mayor, with the invoca- tion given by Mr. Tolbert and followed with the Salute to the Flag led by Mr. Bos. Present were Mayor Robert E. Sevila, Councilmembers Charles A. Bos , Marylou Hill, Brian T. Kelley, John W. Tolbert, Jr. and Charles J. Williams; also present were Director of Finance, Paul York, Director of Planning, Zoning and Development, Martha Mason-Semmes, Director of Engineering, Tom Mason, Assistant to Town Manager, Stephen Owen and Deputy Town Attorney, Debbie Welsh. Absent from the meeting was Councilmember Arl Curry. On a motion by Mr. Tolbert and a second by Mrs. Hillitwas moved that the minutes of the March 27, 1985 meeting be'approved as submitted: Aye: Councilmembers Bos , Hill, Kelley, Tolbert, Williams and Mayor Sevila • Nay: None - - ' • PETITIONERS NThomas Nalls spoke in his capacity.,as' Chairman of the Economic Development Advisory Committee. He asked that the Council recognize and N endorse the goals set forth by this committee for 1986. W • m Carl Gregg addressed Council regarding the State Aviation,Conference ' Q held in August. He stated that the interest in the Leesburg Airport is increasing and thanked Council for the fine-representation at- the- - Conference. The State Aviation Board is highly supportive' of the on-going projects at the Leesburg Airport. Stanley Caulkins also spoke on the Aviation Conference. He reiterated the support of the State Board and the realization that Leesburg is an air- port that will play a major role .jn the economic development of this area. I Deborah Welsh .thanked the Council for their decision to appoint her as Deputy Town Attorney. Mayor Sevila welcomed Ms. Welsh on. board. PUBLIC HEARING ON REZONING ZM-58, RICHLYNN DEVELOPMENT INCORPORATED Mr. Minor stated that Mrs. Semmes would be giving the staff comment on this proposed rezoning. Martha Mason-Semmes , through use of a map, pointed out the parcel which is near the Leesburg Airport. The rezoning from A-3 to PD-IP (Planned Development-Industrial Park) is proposed. They would also like to add, as part of the rezoning, office and warehouse use and limited accessory commer- cial uses. The general industrial rezoning request is in conformance with the draft town plan, and the annexation agreement. . John Harris of Patton, Harris , Rust & Associates, a representative of Richlynn Development Corporation, gave an overview of the rezoning request. A total of 77.76 acres, split by Route 643, is the area in question. On the east side of Route 643 they are also asking that modular structures be allowed. Warehouses., office areas and possibly restaurants and financial establishments could also be included in this development area. A setback reduction was requested. Additional screening and berming would be provided. The various proffers were described. Mr. Tolbert asked about the personal service establishment. Mr. Harris explained it would be something like a dry cleaner, shoe repair store, etc. Mr. Bos asked about the access lanes for Route 643. Mr. Harris said they were approximately 700 feet. The concern is that if the road is made into four lanes, too many access points would pose a safety hazard. Mayor Sevila had a question about the pro-rata share agreement. Because of the prof- fering agreement, an actual pro-rata share agreement may not be necessary. The future transportation issues must be addressed now and these proffers assure that the development will take this into consideration. SEP11. 1 2}MINUTES OF THE SEPTEMBER 11 , 1985 MEETING Alton Echols showed a sketch to the Council relating to the Route 643 corridor. In the year 2005 Route 643 will have the second highest traffic count according to Highway Department projections. He proposed that at this point in time access from the Bypass southward past the airport"be limited to this road. The mistakes made on Route"7; e:g. the excessive access to the eastbound lanes , should provide an example of what to consider. It was stated that the proffers should have been published or available to the public well in advance of the meeting so. that people could come before the meeting and speak intelligently on the subject matter. The public hearing was closed at this point. On a motion by Mrs. Hill and seconded by Mr. Williams, ZM-58 was referred to the Finance and Administration Committee for .further consideration. Aye: Councilmembers Bos, Hill , Kelley, Tolbert, Williams and Mayor Sevila Nay: None COUNCILMEMBER COMMENTS Mr. Bos, referring to the Activity Report, stated that the Board of Architectural Review did meet last Thursday to consider the signage at Market Station. Because of the variety of this development, there would be varied styles of signs. The signs inside the building would not be subject to the strict review process, but could also be reviewed. Mr. Williams attended a school board meeting on Tuesday of this week, along with staff and the Mayor, concerning the traffic signal at Dry Mill Road and Catoctin Circle. The school board voted to require the town to install a traffic signal in accordance with their prior agreement. The Environmental Advisory Commission met on August 27 and elected new offi- cers. They also recommended ,approval of the draft sign ordinance, however they did feel that too many legalmeetings were involved and a regulation to summarize this should accompany the document. The adoption of a leash law , similar to the county's was recommended along with reconsidering. improve- ments on the Carrvale wall and the enforcement of the junk car ordinance. Mrs. Hill reported on the Cable Commission meeting of the previous evening. There are 17 new installations. this month bringing the total to. 2055. The top pay channel is HBO. Mr. Kelley spoke about the EDAC committee meeting.. and its dedication to provide exceptional service. He also stated that without the help of staff members Owen, Semmes. and.Minor, the committee would__not. have accomplished as much as it has. Mr. Tolbert reported on the Airport Commission meeting of the previous evening. Mayor Sevila expanded on the school board meeting. The police force had always controlled traffic at the intersection and the request for signa- lization is not a reflection on this service, merely a result of a written agreement for the extension of Catoctin Circle West. • The following proclamations were then read':by the Mayor: WHEREAS, it is the privilege and duty_ of the American people to com- memorate the 198th anniversary of the drfting' of the Constitution of the United States of America with appropriate ceremonies and activities ; and WHEREAS, public law number 915 guarantees the issuance of a proclama- tion by the President of the United States of America designating September 17 through September 23 of each year as Constitution. week: NOW, THEREFORE, I Robert E. Sevila, Mayor of the Town of Leesburg in Virginia, do hereby proclaim the week of September 17 through September 23, 1985 as Constitution week and urge all citizens to study the Constitution, to express gratitude for the privilege of American citizenship in our republic functioningunder the superb body of laws. SEP11. 2 MINUTES OF THE SEPTEMBER 11 , 1985 MEETING • 2 5 PROCLAMATION - - Mr. Mike Rich, President of the Loudoun County Chamber of Commerce, Susan Rutherford, Executive Director of the Chamber and Raymond_Sauer, Vice Chairman of the Trade Fair, were presented with, the following proclamation. WHEREAS, the Loudoun County Chamber of Commerce. 1985 Trade Fair will be held on September 28 and 29, 1985 in Leesburg; and WHEREAS, the annual trade fair serves to promote commerce in Leesburg and Loudoun Countyby providing businesses and other organizations the opportunity to exhibit their products and services; and WHEREAS, the promotion of local businesses and other organizations ser- ves to facilitate a healthy local economy: THEREFORE, RE OLVED that the Mayor and the Leesburg Town Council hereby proclaim the week?September 23-19, 1985 as Trade Fair Week in Leesburg and encourage Leesburg citizens to recognize and participate in the 1985 Trade Fair. MANAGER'S REPORT CD 1. Sandra Wanless has been appointed to the position of Deputy Town Clerk/Planning Secretary. W2. The town will have a display at the trade fair. The town brochure and video are also well underway. Q 3. The Tuscarora Creek channel improvements are almost complete. The gabions are in place and the entire' project was done well under the antici- pated cost. 4. The parking lot on South Street and Harrison Street should be complete soon. LEGISLATION On a motion.of Mrs. Hill and seconded by Mr. Williams, the following resolutions were proposed and unanimously adopted: 85-0-20 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING REQUIREMENTS FOR COMMON PARKING -COURTS WHEREAS, on January 9, 1985, the Town Council initiated amendments to the Zoning Ordinance 444-3(d), 4A-3(d) , 8-2-11-1 and 9A-3-4; and WHEREAS, on March 21 , 1985 , the Planning Commission held a public • hearing on these proposed amendments and subsequently recommended to Council the approval of these amendments; and WHEREAS, the Council and Commission have found that townhouses and other small-lot single-family developments on private parking courts may provide a more pleasant. environment, provided such courts ,are adequately • landscaped; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: - SECTION I. Section 4-3(d) of the Leesburg Zoning Ordinance is amended to read as follows: (d) Front yards shall be at least 20 feet deep. Required front yards for attached dwellings shall not be used for parking or driveways , except as provided in Sec. 8-2-11-1. 1 , SECTION II. Section 4A-3(d) of the Leesburg Zoning Ordinance is amended to read as follows: • SEP11.3 i' 2 6MINUTES OF THE SEPTEMBER 11 , 1985 MEETING (d) Front yards shall be at least 20 feet deep for single-family Y dwellings. Required front yards for attached- dwellings shall not. be used for off-street parking. or_driveways , except as'provided in Sec. 8-2-11-1. SECTION III. Section 8-2-11-1 of the Leesburg Zoning Ordinance is amended to read as follows: 8-2-11-1 No motor vehicle shall be parked on the front of any lot upon which a townhouse has been or is to be erected, unless the townhouse has a garage andis locatedh.on,a common. parking court. SECTION IV. Section 9A-3-4. is added. to the. Leesburg Zoning, Ordinance to read as follows: 9A-3-4 Common parking courts created under the provisions of- Sec. 13-75 (c) of the Subdivision and Land Development Regulations , in place of the landscapingrequirements .above, shall. provide. the following: (a) Minimum Interior Landscaping. A minimum interior landscaped area equalling 20 percent of the total paved area within the common parking court shall be provided. The interior land- scaped area shall include a.minimum of one shade tree and either two shrubs or two-.ornamental trees for each 450 square feet of .landscaped, area, or fraction thereof. (b) Minimum Perimeter Landscaping. A perimeter landscape strip with a minimum width of five feet shall also be provided. Such landscape strip, shall...include...one shade tree for each . 40 linear feet or fraction thereof. SECTION V. All prior ordinances in conflict herewith are repealed. SECTION VI. This ordinance shall be in effect upon its passage. 85-0-21 - ORDINANCE - AMENDING THE LEESBURG SUBDIVSION AND LAND DEVELOPMENT REGULATIONS REGARDING THE 'DESIGN AND APPROVAL OF COMMON DRIVEWAYS ANDTCOMMON'PARKING COURTS. WHEREAS, on January 9, 1985, the Town Council initiated amendments to the Subdivision and Land .Development.Regulations. regarding_amendments to 5413-75(c) and 13-99(c) ; and WHEREAS, on March 21, 1985, the Planning Commission held a public hearing on these proposed amendments and subsequentlyrecommended. to Council the approval of these amendments; and WHEREAS-, small-lot, single-family developments may contain lots that front on private parking courts that do not serve the function. of either, a public or private street; and WHEREAS., the .Council and Commission have found that such developments on private courts may provide a more pleasant environment and a more economical use of public street frontage, thereby promoting the public health, safety and welfare; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 13-75(c) of the Subdivision and Land Development..Regiulations is amended to read as follows: Section 13-75. Lots. (c) Every residential lot shall abut a public street; except as provided below: SEP11.4 MINUTES OF SEPTEMBER 11 , 1986 MEETING .'27 (1) Dwellings Abutting Common Driveways. Single-family de- tached dwelling lots may abut a common driveway provided that: ((a)) Approval Criteria. The Planning Commission may approve applications for developments with common driveways provided that all standards in this section are satisfied and that the Commission determines that the development will provide a greater amount of usable open-space area than if a public road section was utilized; and will guarantee the perpetual maintenance of the common driveway through appropriate legal instruments. ((b)) Minimum Lot Size. Each single-family detached lot shall be at least .20,000..square feet in area. ((c)) Maximum Dwellings served. Each approved common drive- way shall serve no more than ten single-family lots, unless approved by Council. ((d)) Pavement, Easements and Function. Common driveways permitted under this section shall have a minimum pavement width CDof 24 feet, a minimum public easement width of 40 feet, and shall C\.1 not serve a through function. In addition, all common driveways shall be designed and constructed in conformance with the N Construction Standards of the Town of Leesburg. W ((e)) Minimum Separation Distance from Abutting Residences. Q No common driveway shall be located closer than 25 feet to any abutting residential zoning district or the lot line of any existing residential use which is not directly served by the common driveway. I ((f)) Maximum Length. No common driveway shall extend a distance of more .than 600 feet from a public road to the property which the common driveway serves, or exceed 'a total length of ' I 1200 feet if a loop street, unless approved .by Council as part of an .exception provided under subsection ((c)) above. ((g)) Identification of Common Driveway. Each common drive- way shall be clearly -identified as a private drive. A single sign, not to exceed two square• feet in area,- shall be posted at the entrance of each such driveway, displaying only the words "Private Drive" and. the addresses of any residences utilizing the common driveway. ((h)) Final Plat Requirements. In addition to all other requirements for a final plat, any subdivision containing a common driveway shall include a statement on the final plat acknowledging the private maintenance responsibility, and guaranteeing public. utility and emergency vehicle access. (2) Dwellings Abutting Common Parking Courts. Single-family detached, two-family and single-family' attached dwelling lots may abut a common parking court provided th-S : ((a)) Approval Criteria. The Planning Commission may approve applications for-common parking courts provided that all standards in this section are satisfied and that the Commission determines that the development: will provide agreater amount of usable open space than if a public road section was utilized; will guarantee the perpetual maintenance of the common parking court through appropriate' legal instruments ; and will provide con- venient and adequate parking for all residents and their guests. ((b)) Maximum Lot Size. No- single-family dwelling lot fronting on a common parking court shall exceed a maximum of 8,000 square feet in area. • ((c)) Minimum Acreage: ' A minimum of four acres shall be re- quired for all developments proposing the use of common parking courts. SEP11.5 • 28 MINUTES OF THE SEPTEMBER 11, 1985 MEETING . O ((d)) .Maximum Dwellings Served. Each approved common parking court shall serve no more than a total of 16 single-family de- tached or semi-detached dwelling lots., or a total of '36 single- - - family attached, dwelling lots. ((e)) Function; Construction Standards. No common parking court shall serve a through function and all common parking courts shall be designed and constructed in accordance with the Construction Standards of the Town of Leesburg. ((f)) Number and Dimensions of Parking Spaces. The width of all aisles and sizes of all parking spaces shall comply with the standards established in Section 2-7 of the Zoning Ordinance; provided, however that common -parking courts include at least 2.50 parking spaces .per.dwelling unit. ((g)) Landscaping Required. Common parking courts created under the provisions of this section shall be adequately land- scaped to ensure the residential, character of the develop- ment, as provided in. Ar.ticle. 9A-3-4-.of the Leesburg Zoning Ordinance. ((h)) Minimum Separation Distance from Abutting Residences. No common parking court shall be located closer than 25 feet to • any abutting residential zoning district or the lot line of any existing residential-use which..is..not directly served .by the common parking- court. ((i)) Identification of Common Parking Court. Each common parking court shall be clearly, identified as a private roadway. A single sign, not to exceed two square feet in area, shall be posted at the -entrance of each- such parking court, displaying only the words. "Private Drive." and the addresses of any residences utilizing the parking-court. ((j)) Final Plat Requirements. In addition- to all other requirements for a final plat, any subdivision containing a common parking court shall include a statement on the final plat acknowledging the private maintenance..responsibility and guaranteeing public utility and emergency vehicle access. SECTION II. Section 13-99(c) of the Subdivision and. Land Development Regulations is amended tb read as follows: Section 13-99. Definitions and rules of construction. (c) "Driveway, Common" shall, mean .a.,pr.ivate. Eoadway. providing vehicular access to lots. "Dwelling, Single-Family Attached" shall mean a one-family dwelling attached to two or more one-family dwellings by common vertical walls. This definition includes such dwelling types.asntownhouse,..triplex, and quadraplex. . - . "Dwelling, Single-Family Detached" shall mean a dwelling designed for one family which is- not attached to" any other dwelling by any means. "Dwelling, Two-Family" shallmean a..,one-family. dwelling,attached. to one. other one-family dwelling by .a common wall.. "Parking Court, Common" shall mean a parking area for. the. principal .use of the owners or occupants of the lots abutting the parking area. SECTION III. All prior ordinances in conflict herewith are repealed. SECTION IV. This ordinance shall be in. effect upon its passage. • SEP11.6 • • MINUTES OF THE SEPTEMBER 11 , 1985 MEETING • 2 9 85-153 - RESOLUTION - AUTHORIZING A CONTRACT WITH FAIR OAKS CONSTRUCTION, INC. FOR-CONSTRUCTION OF-THE SOUTH HARRISON STREET j PARK -,i --- WHEREAS, the Town of Leesburg is the recipient of a $1.35 million com- munity development block grant to redevelop and revitalize the South I Harrison Street area; and WHEREAS, the landscape architecture firm of Earth Design Associates I prepared construction plans and specifications for a passive park as part of the redevelopment project; and WHEREAS, sealed bids for the construction of the park were opened on Tuesday, August 13, 1985 , and Fair Oaks Construction, Inc. was the only bidder with a bid of $76,900,- plus-$100 per hour -for placement of boulders, not to exceed 120 .hours ;:and - - 1 WHEREAS, Fair Oaks Construction, Inc. has a good reputation and has successfully completed similar construction projects: 0) THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia N as follows: WSECTION I. A contract award is made to Fair Oaks Construction, Inc. of Herndon, Virginia, for the construction of the South Harrison Street m Park on a lump sum plus unit cost basis in the amount of $76,900, plus. $100 Q per hour for placement of boulders, .not to exceed 120 hours. SECTION II. The manager shall enter into.a contract with Fair Oaks Constrution, Inc. for theconstruction of the South Harrison Street Park based on this award. SECTION III. This award is made contingent on execution of Change Order No. 1 to the contract to incorporate deletions and additions agreed to by the contractor and the town. • 85-154 - RESOLUTION - GRANTING AN EXTENSION OF TIME TO CONSTRUCT A PARKING FACILITY AT THE CORNER OF KING AND NORTH STREET FOR - JAN D. McVAY WHEREAS, the Council granted a special exception on April 4, 1984 to Mrs. Jan Dickson McVay to permitthree additional one-bedroom dwellings at 7 North Street, N.E. with conditions; and WHEREAS, a site plan for the aforementioned development was approved by I the Planning Commission on September. 6, 1984; and WHEREAS, the site plan and Leesburg Zoning Ordinance requires the con- struction and landscaping of a six-space paved parking facility; and WHEREAS, an occupancy permit for the apartments was granted in January, 1985; and WHEREAS, the required parking facilities have not been constructed; and WHEREAS, the Town Council by resolution #85-72 set a deadline of September 22, 1985 for completion of the parking lot; and WHEREAS, because of difficulties in construction scheduling and the storage ' of materials , the applicant has requested additional time to comply with the re- quirements of the zoning ordinance and site plan: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: • SECTION I. The zoning administrator is directed to withhold the town's available remedies to require compliance with the site plan and parking require- ments of the zoning ordinance for the aforementioned apartment complex for a period not to exceed ninety days from the effective date of this resolution. SEP11.7 30 MINUTES OF THE SEPTEMBER 11 , 1985 MEETING 85-155 - RESOLUTION - AUTHORIZING A PERFORMANCE GUARANTEE AND LETTER OF CREDIT FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS FOR LEESBURG COUNTRY CLUB SUBDIVISION, SECTION -IV; - - PHASE 2. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An irrevocable letter of credit from First American Bank of Virginia, McLean, Virginia, in an amount to be approved by the Director of Engineering and form approved by .the Town Attorney is approved as security to guarantee installation of the public improvements shown on plans - approved by the Director. of Engineering for Leesburg Country Club. Subdivision, Section IV, Phase 2. 85-156 - RESOLUTION - INITIATING AND REFERRING PROPOSED REVISIONS _TO THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION- FOR PUBLIC HEARING AND RECOMMENDATION UNDER CHAPTER 11, TITLE 15.1 OF THE. CODE OF VIRGINIA WHEREAS, severalexisting multi-family residential developments in the . town are incompatible with. the .underlying.,commercial zoning district; and WHEREAS, in- the interests of good zoning practice and public welfare the zoning for these. developments. should more accurately reflect their existing residential uses, THEREFORE, RESOLVED by the Council, of the Town. of Leesburg in. Virginia as follows: SECTION I. An amendment. to_ the Zoning District Map as shown on the attached map from B-2 to R-4 is initiated and referred- to the Planning Commission for public hearing and recommendation-under .Chapter 11, Title 15.1 of the, Code of Virginia, as amended. SECTION II. The following properties are included in the proposed rezoning: Plaza Village Condominiums „and Olde Town..Condominiums., Phase One. 85-157 - RESOLUTION - INITIATING A PROPOSED AMENDMENT TO THE ZONING DISTRICT MAP FOR THE SILVER OAKS SUBDIVISION WHEREAS, the Silver Oaks single-family development is located in a commercial zoning district that is incompatible with its residential:,uses; and WHEREAS, the rezoning of this subdivision to a residential zoning district is required to promote the public welfare-.and. good zoning practice. in this area: THEREFORE, RESOLVED. by the Council of- the 'Town of Leesburg in.Virginia. as follows: , SECTION I. An amendment to the Zoning District Map for the Silver Oaks Subdivision from B-2 to R-2 is initiated. under:Section 15. 1-491(g) of the Code of Virginia, as amended. -_ SECTION II. A public hearing concerning the proposed amendment shall be held at 7:30 p.m. on October 9, 1985 in the 'Council Chambers, 10 West Loudoun Street, Leesburg, Virginia and_ in line with Section 15. 1-431 of the Code of Virginia this hearing shall be a joint public hearing of both the Planning Commission and Council. The clerk shall give notice of this hearing and the Council's intention to adopt this amendment in the Loudoun Times.Mirror on September 19, 1985 and September 26, .1985 .and. shall advise. the Planning Commission of the purpose, time and date of this hearing. SECTION III.- The Planning Commission shall report its recommendation to the Council on the proposed amendment within 60 days of the public hearing. SEP11.8 • • MINUTES OF THE SEPTEMBER 11 , 1985 MEETING '31 1 85-158 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS OF THE. LEESBURG ZONING ORDINANCE • REGARDING MULTI-FAMILY DWELLINGS RESOLVED by the Council of the Town of, Leesburg in Virginia as follows: SECTION I. A notice of public hearing to consider proposed amendments to Sections 4A-3, 5-1 and 5-2. 1 of the Leesburg Zoning Ordinance regarding multi- family dwellings shall be published in the Loudoun Times-Mirror on September 19, 1985 and September 26, 1985 for a public hearing on October 9, 1985 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. In compliance with Section 15.1-431 of the Code of Virginia as amended, this hearing shall be a joint public hearing of both the Planning Commission and Council. SECTION II. The Clerk shall advise the Planning Commission of the purpose, time and date of the hearing, and the Planning Commission shall report its recommendation to the Town Council on the proposedamendment within 60 days of the public hearing. 85-159 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF J. LYNN CORNWELL, JR. TRUSTEE FOR REVISION OF THE PROFFERS N PERTAINING TO ZM-28 TO THE PLANNING COMMISSION FOR N PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE W CODE OF VIRGINIA, AS AMENDED WHEREAS, proffers were revised March 9, 1983 by the Council of the Q Town of Leesburg pertaining to ZM-28, to read as follows: (a) All land hereby rezoned within 300 feet of the adjacent residen- tially zoned land lying northwest of the land hereby rezoned, owned by applicants and others , and lying northeast of the southeasterly exten- ' sion of Harrison Street shall be used only for offices and/or single- family dwellings and permitted accessory uses associated with those uses. All land hereby rezoned within 300 feet of the existing adja- cent residentially zoned land lying northwest of the land hereby rezoned owned by applicants and others , and lying southwest of the southeasterly extension of Harrison Street shall be used only for offices and/or dwellings and permitted accessory uses. associated with those uses ; and WHEREAS, a petition has been received from J. Lynn Cornwell, Jr. , Trustee to request removal of this proffer in its entirety. THEREFORE, RESOLVED by the Council of the Town of Leesburg in. Virginia • as follows: - SECTION I. The petition of J. Lynn Cornwell, Jr. , Trustee, #ZM-67, for amendment of proffers approved as part of #ZM-28 to remove paragraph (a) as shown above, is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15. 1 o_f the Code of Virginia, as amended. 85-160 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF WASHINGTON-VIRGINIA TRADITIONAL DEVELOPMENT SITES, INC. FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNINGCOMMISSION 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: The application of Washington-Virginia Traditional Development Sites, Inc. for revision of the Zoning District Map assigned fZM-59, is received and referred to the Planning Commission for public hearing and recommen- dation under Chapter 11 ," Title 15. 1 of the Code of Virginia as amended. SEP11.9 32 MINUTES OF THE SEPTEMBER 11, 1985 MEETING 85-161 - RESOLUTION - AWARDING A GRANT TO EUGENE SCHEEL TO RESEARCH THE NORRIS BROTHERS BUILDING FIRM WHEREAS, the Norris Brothers building firm built a great majority of the homes in Leesburg between the late 1840's and mid 1920's; and WHEREAS, Eugene Scheel has requested a grant of one hundred and fifty ($150) dollarsfor the. purpose.. of conducting research on the. Norris Brothers building firm; and WHEREAS, research .of the Norris,..Bro[hers building firm would be an. asset to the town's archives. THEREFORE, RESOLVED by the Council of. the Town of Leesburg. in Virginia as follows: A grant in .the amount of one hundred and fifty ($150) dollars is hereby awarded to Eugene Scheel for the purposes stated hereinabove. 85-162 - RESOLUTION. - .MAKING-AN APPROPRIATION AND AUTHORIZING THE - PROCUREMENT OF AN AUTOMOBILE TGR THE TOWN ENGINEER WHEREAS, the FY. 86 budget appropriated. $8,500. for the purchase of an automobile for the use of the Engineering Department; and WHEREAS, Leesburg Ford submitted the lowest bid in the amount of $9,235 for a 1985 Ford LTD in response to a. request. for sealed competitive bids dated July 30, 1985: THEREFORE, RESOLVED by the Council of the Town of Leesburg.in Virginia as follows: SECTION I. The town..manager. shall issue a-standard .purchase..order to Leesburg Ford forthe purchase of .a 1985 Ford LTD at a price of $9,235. SECTION II. An appropriation is made to the General Fund, Account No. 3401.700.050, Automotive Equipment in the..amount of $735.00 for, the fiscal year ending June 30, 1986. 85-163 - RESOLUTION - AUTHORIZING A CONTRACT FOR PURCHASE AND MAKING AN APPROPRIATION FOR AN 8 TON DUMP TRUCK SECTION I. The manager shall enter into a contract in the amount of $30,332.59 with Leesburg Ford-Mercury, P.O. Box 1608, Leesburg, Virginia 22075 for a large 8 ton. dump truck with diesel. engine. .SECTION II. . An appropriation is made from the. General_ Fund to Account No. (200) 4102. 700.060 in the amount of $30,332.59 for FY 86. 85-164 - RESOLUTION - MAKING AN APPROPRIATION FOR THE PROCUREMENT OF PARKING METERS FOR THE SOUTH HARRISON STREET AND VINEGAR HILL PARKING LOTS WHEREAS, the F.Y 86 budget appropriated $13,600 for parking meters for the South Harrison Street and Vinegar Hill parking lots ; and WHEREAS, Duncan .Industries has provided a price of $18,338.40 for 114 parking meters to be used. on these parking lots. THEREFORE, RESOLVED by the Council of the Town. of Leesburg .in Virginia as follows: An appropriation is made to General Fund Account Number 4102-700-096, Parking Meters , in the amount of $4,739.00 for the fiscal,year ending June 30, 1986.- Aye: Councilmembers Bos , Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None . SEP11. 10 33 MINUTES OF THE SEPTEMBER 11 , 1985 MEETING 85-165 - RESOLUTION - MODIFYING THE ANNEXATION AREA DEVELOPMENT'POLICIES, ADOPTING A BOUNDARY LINE ADJUSTMENT AGREEMENT AND AUTHORIZING PUBLICATION OF A REVISED CORPORATE BOUNDARY FOR THE TOWN OF LEESBURG On a motion by Mr. Williams and a second. by Mrs. Hill, the following resolution was proposed and unanimously adopted: WHEREAS, the Board of Supervisors of Loudoun County, Virginia (the "Board"), and the Town Council of the Town of Leesburg, Virginia (the "Council"), have agreed to consider development proposals in accordance with the polcies , standards and guidelines set forth in the Annexation Area Development Policies which are a part of the Annexation Agreement and Order of Annexation entered on October 11 , 1983; and - WHEREAS, _the owner of the tract of land known -as the Beus property desires to bring the entire tract within the town limits in order that the Potomac Crossing development proposal be consideredunder the Town Planned 0) Residential Community Development Regulations ; and NWHEREAS, the Joint Policy Committee of the Board and the Council has reviewed the proposed development and has determined that it is appropriate W to bring the entire tract within the town limits for the purpose of con- n sidering the Potomac Crossing development proposal; and Q - WHEREAS, the Joint Policy Committee has recommended that the Annexation Area Development Policiesbe modified to incorporate the changes set forth in Attachment 1 to this resolution; and WHEREAS, the Council agrees that- modifications ;recommended •by the Joint Policy Committee are appropriate in light of the landowner's expressed willingness to protect and preserve the environmentally significant and important historical . lands on the Beus property by the dedication of these lands to the Northern Virginia Regional-Park Authority: • THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Annexation Area Development Policies are amended to incorporate the changes set forth in Attachment. 1 to this resolution sub- ject to the approval of the Board. SECTION II. The Boundary Line Adjustment Agreement set forth in Attachment 2 to this resolution is approved and the mayor is authorized to execute said agreement on behalf of the town. SECTION III. A description of the revised boundary line between the town and county as generally depicted on Attachment 2 to the aforementioned agreement shall be published at least once a week for two consecutive weeks in the October 3, 1985 and October 10, 1985 editions of the Loudoun Times Mirror and the cost for said publication shall be apportioned equally bet- ween the Town of Leesburg and County of Loudoun pursuant to 415. 1-1031. 2 of the Code of Virginia as amended. Aye: Councilmembers Bos , Hill, Kelley, Tolbert, Williams and Mayor Sevila _ . . • Nay: None • • • SEP11.11 34MINUTES OF- THE SEPTEMBER 11 , 1985 MEETING 85-166 - RESOLUTION - ENDORSING THE ECONOMIC DEVELOPMENT ADVISORY COMMITTEE'S 1985-86 GOALS - On a motion_by-Mr. Bos and- a second by_Mrs. Hill, the following reso- lution was proposed and unanimously adopted: - _ WHEREAS, the Economic Development Advisory Committee (EDAC) has developed an ambitious set of goals to be pursued during the current fiscal year; and WHEREAS, these goals are summarized herewith as follows : • 1. Prepare Video Presentation • 2. Prepare Marketing Brochure 3. Expand.Marketing and• Advertising•Efforts • - • - 4. Increase Participation in• Other -Economic Development. Programs 5. Concentrate on Route 7 ..and Airport Areas 6. Expand on Industry Visitation Program 7. Encourage and Support Establishment' of Small Business Center 8. Develop New Display for-Trade Shows 9. Encourage and Support Continuation of East Market Street Improvement Program , - . . . 10. Encourage and Support the Establishment of any Organization or Program that will Promote and. Protect 'the 'Entire_Leesburg..Business Community; and . WHEREAS, the Leesburg Town Council has- reviewed these goals and is in complete agreement asto their appropriateness. THEREFORE, RESOLVED by the Council. ofthe.Town-of -Leesburg-in, Virginia' as follows: The aforementioned EDAC 1985-86 goals are hereby supported and endorsed by Council and that EDAC is hereby commended for its hard work towards expanding the town' s economic development- program. Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None NEW BUSINESS • 85-167 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 1 TO R.F. KLINE, INC. FOR WORK COMPLETED AT THE WASTEWATER TREATMENT PLANT • • ; - • On a motion by Mrs. Hill and a second by Mr. Tolbert, the following resolution was proposed and adopted: WHEREAS, the contract for improvements .at. the Wastewater. Treatment Plant was awarded to Richard,F. Kline, Inc. ; .and WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985 by the Council .of _the Town of Leesburg provides: "The Council at -its option will require prior approvalof all requisitions for payment under -this ' contract"; and WHEREAS, the contractor has submitted Payment Request No. 1 on August 28, 1985 and Camp., Dresser and.McKee have reviewed and approved. this request; and WHEREAS, the Director of Engineering has recommended payment .of Payment Request -No. 1 in the amount of $160,208.00: THEREFORE, RESOLVED by the Council. of the Town of Leesburg_ in Virginia as follows: Payment in the amount of $160,208.00 ($168,640.00 less 5% retainage) shall be made to R. F. Kline, Inc. for Payment Request No. 1 for the Waste water Treatment Plant Expansion Project. .. SEP11. 12 MINUTES OF THE SEPTEMBER 11 , 1985 MEETING 35 Mr. Bos had some question and there was brief discussion on this with explanation being given by Mr. Mason, Director of Engineering. I Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 85-168 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE AND LETTER OF ; CREDIT FOR THE INSTALLATION OF PUBLIC IMPROVEMENTS FOR THE COLONIAL SELF STORAGE DEVELOPMENT On a motion by Mrs. Hilland seconded by Mr. Bos the following resolu- tion was proposed and unanimously adopted: i RESOLVED by the Councilof the Town of Leesburg in Virginia as follows: SECTION'I. The manager shall execute the contractfor public improve- ments for the Colonial Self Storage Development Plan. NSECTION II. An irrevocable Letter of Credit from First American Bank N of Virginia, McLean, Virginia, in an amount to be approved by the Director of Engineering and in a form approved by the Town Attorney. is approved as W security to guarantee installation of the public improvements shown on CO plans to be approved by the Director of Engineering for the Colonial .Self a Storage Development, Mr.- Minor -gave some additional details regarding this resolution. There was some discussion regarding letters of credit and deeds of trust. Council requested a study be done on the bonding process. Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor . Sevila . i Nay: None . On a motion by Mr: Tolbert and seconded by Mr. Williams the meeting was adjourned at 9: 30 p.m. Mayor de-e47/ " Clerk ofC uncil SEP11. 13