HomeMy Public PortalAbout1985_12_11 84
MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, DECEMBER 11,
1985
A regular meeting of the Leesburg Town Council was held in the
Council Chambers,-10 Loudoun Street, SW, Leesburg, Virginia on December
11, 1985 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 Assistant Town Manager, Stephen Owen. Present were Mayor,
Robert E. Sevila, Councilmembers Charles Bos, Arl Curry, Marylou Hill,
Brian Kelley, John Tolbert, and Charles Williams; also present were
Assistant to Town Manager, Stephen Owen, Director of Planning, Zoning and
Development; Martha Mason-Semmes, Zoning Director, Mark Nelis, Director of
Finance, Paul York, Director of Engineering, Tom Mason and Deputy Town
Attorney, Debbie Welsh.
PETITIONERS
Alton Echols spoke regarding the piece of real estate he owns khown
as Lee's, the old A&P area. He stated that he had provided free parking
at the lot, but recently had closed the lot off for parking other than
shoppers at the stores in the complex. Part of the lot has been set aside
for lease parking. He also stated that commuter parking should be
provided. All the neighboring counties provide it, but not Loudoun and
Leesburg. A solution to this problem must be found.
PUBLIC HEARING ON REZONING ZM-65, R. MARSHALL MOIST
Mr. Minor stated that Director of Planning, Zoning and Development,
Martha Mason-Semmes, had a report on the proposed rezoning.
Martha Mason-Semmes reported that this was an application to re-
zone approximately ten acres of land on the north side of Ft. Evans Road
from town R-2 to town R-3, which would permit the construction of single
family townhouse or duplex units at a maximum density of 8 units per acre,
or a maximum of 80 units. On October 17, 1985, the Planning Commission
recommended denial of this application based on incompatibility with
adjacent single family duplex residences. The applicant has offered the
following proffers for the area:
The first proffer will dedicate an additional five feet of right-of-
way along Ft. Evans Road and will include frontage improvements; adequate
screening of the Hough and Fisher properties including a wood fence and
pine plantings; no construction of one bedroom units; the development
would occur in conformance with the townhouse concept plan previously
submitted; will work with the town and adjacent landowners regarding the
extension of Heritage Way.
There was brief staff discussion on the above report.
Marc Weiss of Nova Potomac Corporation spoke as the representative of
Mr. Moist. The rezoning was justified as follows: This does co-form to
the adopted comprehensive plan, also the surrounding land uses and zonings
comply with the plan. This plan provides a logical transition between the
other uses in the area. The extensive buffering which is incorporated
into the design, along with the provision of 2.5 parking spaces per area,
make this development desirable to the surrounding land uses, according to
Mr. Weiss. The major issue seems to be the extension of Heritage Way.
The developer is willing to work with both the town and the current
residents of the area to assure this extension is constructed in the most
satisfying manner.
Mr. Curry asked if it would be possible to substitute duplexes rather
than townhouses within the same design. Mr. Weiss stated that he could
not answer that but that his client is not interested in building duplexes
if he does not have to.
Roger Hough, the resident of 1.94 Ft. Evans Road, stated that he is
concerned about the safety of the area with respect to traffic flow.
DEC11.1
' 85
MINUTES OF THE DECEMBER 11, 1985 MEETING
Christina Houth a resident of Meadows Lane, spoke in opposition of
the development.-'She stated -that' 'increasing the density of the area would
be disasterou's 'to Leesburg: Building without keeping the colonial
heritage of Leesburg'in mind, would definitely discredit what Leesburg
stands for. Currently there are no open spaces for recreational uses in.
this area. Traffic flow in the area is already very heavy. With the
current plans of 1165 units in the area concerned, basing an occupancy
rate of three persons per unit, would put just under 3500 people in the
area, one third of the present population of the entire town. Why should
the density' be -sd h gh in this area? She asked that the buffer land-
scaping 'be carefully 'reviewed so that it would be most aesthetically
pleasing.
i
Pat Fischey the resident of 166 Ft. Evans Road, reiterated Mr.
Hough's statement on maintaining the safety of the area. As he stated at
a prior Council meeting, he has witnessed several severe mishaps at the
T intersection of 'Ft. Evans Road and the Bypass. With the increased density
VO in En'e"area, there will definitely be an incr ased risk of the safety in
(V this area. The extension of Heritage Way must be designed so that the
N road contour does not make it conducive to speeding.
WAlton Echols explained that he 'was the' ealtor'that sold Mr.
Q Fischer his house and explained the zoning of the adjacent property to him
at that time. He stated that things had changed over the years. Several
issues'' n the current 'proposal did 'raise'some'concein with him. The
development should have a six foot high fence around it. Children's play
areas should be incorporated in an a• rea away from the residences. The
roads should also have barriers to protect the children.
At this point the public hearing was closed. Councilmember comments
'`i'
were opened. . : .
! i
Mr. Williams asked that Marc Weiss come forward to answer some
questions raisedddring .'the public hearing. Mr. Williams asked if there
were any plans,for some 'recreational fac4lities such as a bike trail, etc.
Mr. Weiss answered that a bike trail would serve no purpose since there
would be no system to hook up'to. He also assured that there would be
curb and gutter and sidewalk in the development. Mr. Weiss stated that he
felt'the "development' offered more open space than some of the recently
approved new' developments of similar density.
On a motion by Mrs. Hill and seconded by Mr. Williams it was
recommended that this rezoning' be referred to the Finance and
Administration Committee meeting of January 2, 1986, for further con-
sideration.
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert; Williams
and Mayor Sevila
Nay: None
COUNCILMEMBER COMMENTS
"Mr.CBos' repotted'on the Board of Architectural Review sign
applications and the expansion at the library for better handicapped
acc=ss. iHe also commented that'the' East Market Street improvement project
is really beginning to improve that area.
Mr. Williams recapped the accomplishments of the town in the past
year and complimented the town employees for their dedicated service. He
also complimented the Council for arriving at decisions harmoniously.
Mr. Curry-attended the Planning Commission meeting on December 5. At
that meeting three rezonings were considered; first ZM-66 (Beus) from
County R-1 to planned residential community; ZM-70 from County R-1 to
County R=2 on Route 654 (Ft. Beauregard); and off-street parking in all of
the town. The Lawson Road development preliminary plat was approved.
Final Subdivision Plats for Leesburg Gateway and Richlynn Development were
also approved.
86
MINUTES OF THE DECEMBER 11, 1985 MEETING
Mr. Kelley presented the Marketing Brochure that the Economic -
Development Committee has worked on with staff. He and Mr. Williams
attended a- County meeting on Transferrable Development Rights and found it
quite interesting.
MANAGER'S REPORT
Mr. Minor passed out the annual audit to all Councilmembers. With
the audit is a comprehensive transmittal letter wh+c1' summarizes the
financial activity and includes projections on future financial activity.
Linda Hellwig has accepted the position of Public Facilities
Inspectbr. She has sixteen years of public facilities inspection
experience.
Word from the State Water Control Board is that additional EPA funds
of over a half million dollars will be awarded to the town for the waste-
water treatment plant expansion project.
Official notice should be received next week of no significant impact '
on the Environmental Assessmeit Report for the airport project.
Mayor Sevila reported that the fourteen townhouse units in Market
Station were dedicated this past week. This project is the culmination of
public and private efforts for the improvement of the rather depressed
area through development of retail and residential uses.
LEGISLATION
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
items were. considered consent items and were unanimously adopted:
85-219 - RESOLUTION - AUTHORIZING PUBLICATION OF NOTICE OF PUBLIC
. - HEARING ON VACATION OF BUILDING RESTRICTION LINE
OF LEESBURG COUNTRY CLUB, SECTION II, LOTS 54
. . THROUGH 59 SUBDIVISION PLAT
WHEREAS, the final plat of Leesburg Country Club Subdivision, Section
II, as recorded in the land racords of Loudoun County has a 35-foot
building restriction line; and
WHEREAS, the existing 35-foot building restriction line exceeds the
zoning ordinance yard requirement; and
WHEREAS, constructing homes in co-pliance with the building restric-
tion is physically impractical:
THEREFORE, RESOLVED by the Council of the Town. of Leesburg in
Virginia as follows:
A notice of public hearing to consider the vacation of the building
restriction line of the Leesburg Couuntry Club Subdivision, Section II,
Lots 54 through 59, inclusive, as provided for in Section 15.1-482 of the
State Code, as "amended, shall be published in the Loudoun Times Mirror on
December 19, 1985 and December 26, 1985 for public hearing on January 8,
1986, 'at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW,
Leesburg, Virginia.
85-220 - RESOLUTION —APPROVING THE FIELDSTONE FINAL DEVELOPMENT PLAN
WHEREAS, the Town Cou^cil has authority to approve final development
plans for all or part of a planned -development submitted under Section
7B(5) (f) of the Leesburg PlannedDevelopmentRegulations; and
WHEREAS, the preliminary development plan for the Exeter Planned
Residential Neighborhood was approved by 'Ordinance Number 85-0-8 on May
22, 1985; and
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MINUTES OF THE DECEMBER 11, 1985 MEETING
WHEREAS, the final development plan for Fieldstone, which is the
proposed multi-family component of the Exeter Planned Residential
Development, was recommended to Council for approval by the Planning
Commission on December 5, 1985; and
WHEREAS, this final development plan meets the requirements:: of
Sections 7B-11 and 7B-12 of the Planned Development Regulations and
Section 13-70 of the Subdivision and Land Development Regulations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows:
The Fieldstone Final Development Plan as revised December 5, 1985 is
approved. - - -
T 85-221 - RESOLUTION - GRANTING AN EXTENSION OF TIME TO CONSTRUCT A
V1 PARKING FACILITY AT THE CORNER OF KING AND NORTH
N STREET FOR JAN D. McVAY
W WHEREAS, the Council granted a special exception on April 4, 1984 to
Mrs. Jan Dickson McVay to permit three additional one-bedroom dwellings at
Q 7 North Street, NE with conditions including approval of site plan for the
property; and
WHEREAS, the site plan and Leesburg Zoning Ordinance requires the
construction 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 No. 85-154 set a deadline of
December 10, 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 requirements of the zoning ordinance and site plan:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows:
SECTION I. The December 10, 1985 deadline established by the Council
in Resolutio-.No. 85-154 is extended to April 1, 1986.
'SECTION II. Jan Dickson McVay shall post a $9,600 cash bond within
thirty days to guarantee the construction of six parking spaces by April
1, 1986. -
SECTION III. If the required parking lot has not been completed by
April 1, 1986, the above mentioned cash bond shall be forfeited as a
payment of parking fees as required by Section 2-7-1(c) of the Leesburg
Zoning Ordinance. This resolution or payment does not relieve the
applicant of. parking requirements for any subsequent development of the
property.
85-222 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
BOND FOR HARRISON SQUARE SOUTH DEVELOPMENT
WHEREAS, the developer of the Harrison Square South Development has
completed public improvements in accordance with town standards and
specifications and these have been inspected and approved as the as-built
drawings have been submitted and approved:
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MINUTES OF THE DECEMBER 11, 1985 MEETING -
THEREFORE, RESOLVED by the Council of .the,Town of Leesburg in
Virginia as follows:
SECTION I. The cash performance bond in the amount of $16,987 is
released and .a.cash maintenance bond to be in effect for a period of one
year from this date.,in the amount of,.$850 is approved.
SECTION II. This release is contingent upon delivery of a properly
executed instrument,conveying unto the town all such improvements free of
any liens or charges.
85-223 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE ,
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
BOND FOR SILVER OAKS SUBDIVISION
WHEREAS,, the developer of the Silver Oaks Subdivision has completed •
public improvements in accordance with town "standards and specifications
and these have been inspected and approved and the as-built drawi-gs have
beenesubmitted and approved:
c
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows:
SECTION I. The irrevocable letter of credit in the amount of
$224,339 from Equitable Federal Savings and Loan Association is reduced by
$213,123. A maintenance bond to be in effect for a period of one year
from this date in the amount of $11,216 is approved.
SECTION II. This release is contingent upon delivery of a properly
executed instrument conveying unto the town all such improvements free of
any liens or charges.
85-224 -. RESOLUTION r RECEIVING AND REFERRING THE APPLICATION OF RAYMOND
C. HAWKINS FOR. REVISION OF THE ZONING DISTRICT MAP
TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER
,.CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS
AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows: 71
_ .
The application of Raymond C. Hawkins for revision of the zoning
district map, assigned No. ZM-72 to rezone 237,763.548 square feet of land
from County PD-GI to Town R-4, is received and referred to the Planning
Commission for public hearing and recommendation under Chapter 11, Title
15.1 of1,the Code of ,Virginia, as amended.
85-225 - RESOLUTION - MAKING AN APPROPRIATION FOR THE REPAIR OF THE
TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF EAST
MARKET STREET AND PLAZA STREET
WHEREAS, the traffic control signal at the intersect-ion of East
Market Street and Plaza. Street is in need of a new controller; and
WHEREAS, the expense of repairing the traffic control signal was not
anticipated during the compilation of the FY 86 General Fund Budget:
THEREFORE, RESOLVED by- the Council of,the Town ,of Leesburg in
Virginia as follows:
An appropriation is made. from the unappropriated General Fund balance
for the fiscal year .ending June,30,, 1986, to account number 200-4102-300-
010, Contractual Services, in the amount of $7,000.00.
I
S9
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MINUTES OF THE DECEMBER 11, 1985 MEETING
85-226 - RESOLUTION - AUTHORIZING A CONTRACT WITH PATTON, HARRIS, RUST
, AND ASSOCIATES FOR DESIGN AND CONSTRUCTION ENGINEER-
ING SERVICES ON THE CATOCTIN CIRCLE NORTH EXTENSION
PROJECT
WHEREAS, a proposal has been received from Patton, Harris, Rust and
Associates for design and construction engineering services on the Catoctin
Circle North Extension project in response to the town's request for
proposal issued October 22, 1985; and
WHEREAS, a selection team has found that Patton, Harris, Rust and
Assob ateslhas offered the best proposal at the lowest price:
I 1ITHEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
;
as follows: '
I
SECTION I. The manager shall execute a contract in an amount not to
0) exceed $28,110 with .Patton, Harris, Rust and Associates for design and
N construction engineering services' for the Catoctin Circle North Extension
Nproject in accordance with the request for proposal issued October 22, 1985,
w and under the terms and conditions as set out in a proposed contract trans-
1.1..1
mitted to Council on November 25, 1985.
W
Q SECTION II. An appropriation is made to the General Fund, Account
Number 4102-700-097-200 for the fiscal year ending June 30, 1986 in the
amount of $28,110 which shall remain in effect until the project is
complete.
85-227 - RESOLUTION - AUTHORIZING THE ACQUISITION OF A NEW , COPIER FOR
THE TOWN OFFICE
i
WHEREAS, it has been determined that the town's present and future
photocopy requirements cannot be met by the present Xerox 1055 copier; and
WHEREAS, Xerox Corporation has presented the town with an opportunity
to upgrade to a Xerox 1075 copier which is a unit of greater capacity which
should Meet 'the town's 'preent and future photocopying demands:'
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized to enter into a sixty month lease
purchase contract with Xerox Corporation for the acquisition of a Xerox 1075
copier at a monthly cost of $957.02.
SECTION-II. The manager is authorized to trade in the town's present
Xerox 1055- copier toward the purchase of the Xerox 1075 copier.
H 85-228 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 4 TO
is R.F. KLINE, INC. FOR WORK COMPLETED AT THE WASTE-
�� I WATER TREATMENT PLANT
I
WHEREAS, the contract for improvements at the Wastewater Treatment
Plant was awarded to Richard F. Kline, Inc. ; and
I
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 approval of all requisitions for payment under this contract";
and
WHEREAS, the contractor has submitted Payment Request No. 4 on November
22, 1985 and Camp, Dresser and McKee has reviewed and approved this request;
and
WHEREAS, the Director of Engineering has recommended payment of Payment
Request"'No.- 4 in the amount of $68,967.00:
"(tSINUTES OF THE DECEMBER 11, 1985 MEETING
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows.: - . .
i - '
Payment in the amount of $68,967.00 ($72,597.00 less 5% retainage)
shall be made to R. F. Kline, Inc. for Payment Request No. 4 for the Waste-
water Treatment Plant Expansion Project:
Aye: Councilmembers Bos, .Curry, Hill, Kelley, Tolbert, Williams
and -Mayor Sevila 'I
Nay: None
On motion of- Brian Kelley and seconded by John Tolbert, Council voted
unanimously to go into executive session to discuss! legal matters pertaining
to pending litigation on, Potomac .Park. . Section 2.1-344(6) of the 1950 Code
of Virginia, as amended (Freedom of Information Act) permits the Council to
discuss such matters in executive session.
The. following staff members are requested to participate in the
meeting: Jeff rey Minor, Steve Owen, Martha Mason-Semmes, Randy Shoemaker,
Mark Nelis, Tom Mason, Paul, York; Deputy Town Attorney, Debbie Welsh; and
special counsel, Pete Jolly.
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
Council reconvened with no action taken.
85-0-30 - ORDINANCE _ AMENDING THE LEESBURG ZONINGIMAP FOR REZONING
APPLICATION #ZM-58 BY RICHLYNN DEVELOPMENT, INC.
On a motion. by, Mrs. Hill and seconded by Mr. Tolbert the following
i
ordinancewas proposed and adopted with a suggested amendment to the
language,,in #10. - _
WHEREAS, Rezoning,.Application #ZM-58 by Richlynn Development, Inc. was
initiated and referred by this Council to the Planning Commission on
February 13, 1985; and
WHEREAS, the Planning Commission on March 21,' 1985, recommended to the
Council approval of the proposed rezoning contingent upon certain proffered
conditions; and
WHEREAS, this Council on September 11, 1985 held a public hearing on
the proposed rezoning and received proffers, in writing, from Richard E.
Ward, applicant and, owner of the subject property,1setting forth certain
conditions which would become a part of the rezoning request; and
t
WHEREAS, ,the applicant amended the profferediconditions on December 9,
1985, to address Council concerns regarding the rezoning, and these
amendments will not permit a more intensive use than originally proposed; and
•
WHEREAS, it is determined that the proposed amendment, as revised, is
in the interest of the public necessity, convenience, general welfare and
good zoning practice:
,_ ,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
Zoning District Map for 77.7576 .acres located on the east and west sides of
Route 643, Sycolin Road, and bounded by Smiley, Saunders, and the Town of
Leesburg on the north; O'Flaherty, Richlynn Development Corporation and the
Town of Leesburg .on the south; Saunders,- the :TownyofLeesburg and Janelle
Aviation on the west; and Smiley and O'Flaherty on the east; and further
91
MINUTES OF THE DECEMBER 11, 1985 MEETING '
described as Parcels "A", "B-1", and "B-2" on the, zoning plat prepared by
Patton, Harris, Rust and Associates dated January 30, 1985; as revised
November 27-, 1985; to change Parcels "A", "B-1" from County A-3 to County
PD-IP including warehousing, commercial office building and auxilliary uses
specified in Section 722.3 of the Loudoun County Zoning Ordina^ce as
permitted uses; to change Parcel "B-2" from County A-3 to County PD-GI; and
to include a modification of building setbacks in Setions 722.6.2 and
723.6.2 of the County Zoning Ordinance to 45 feet for buildings and 30 feet
for parking, subjc.ct to the following proffered conditions submitted in
accordance, with Section 15.1-491.2of the. 1950 Code of Virginia, as amended:
1. The existing vegetation located in the required front yard along
Route 643 adjacent to parcel B-2 shall be preserved within normal
'engineering constraints.
2. Richlynn Development, Inc. will participate in the "Route 643
Water Line Reimbursement Agreement" under the terms of said
agreement as presented to Council on September 3, 1985. Richlynn
Development, Inc. does, however, reserve the right to develop on
N private well systems until such time as connections can be made
to the proposed water line.
W 3. The 50-foot access strip located north of the airport property
will be dedicated to the Town contingent upon the provision of
alternative access to the Richlynn Development, Inc. property
west of the airport: This access shall consist of a 24-foot
easement adjacent to the western boundary of Parcel 72A. The
right-of-access shall remain until 'such time as alternative access
is provided from Route 654 in conjunction with the development of
-properties to the west of the easement area is necessary for the
airport expansion project.
•
' 4. The J. D. Wildman house located on Parcel A will be studied to
determine the feasibility of inclusion into the development
plans for the property.
5.-Any proposedstructure which would exceed 35-feet in height will
be submitted to the Federal Aviation Administration and the
Town of Leesburg for approval.
6. A dedication of 120 feet with widening of 15 feet from centerline
with standard shoulder shall be provided on Route 643, across
the full frontage as indicated on the Zoning- Plat, dated January
30, 1985, as revised or. November 27,1985.
7. Access points to Route 643 will be limited to two points on
Paroel A and three- points . on Parcels B-1 and B-2. These access
points will be located at ultimate median crossings spaced at a
minimum of 800 feet. Access will be limited to these points and
no direct access to individual lots will be provided from Route
643.
8. Richlynn Development, Inc. will contribute a pro rata share for
the development of the ultimate- Route 643, 4-lane divided
facility based upon the following formula:
ADT For Use x $1,650,000 = Pro rata contributions
48,000 ADT
where:
• • -
- ADT for use = Average Daily Trips per land use category as found
in the Institute of Transportation Engineers
"Trip Generation" Manual (Third. Edition) .
- 48,000 ADT = The ultimate capacity of the Route 643, 4-lane
facility
92
MINUTES OF THE DECEMBER 11, 1985 MEETING
- $1,650,000, = The construction cost associated with the develop-
ment of the ultimate 4-lane facility on Route 643,
from the Town's southern boundary to Lawson Road
to the North.
The construction cost for this segment has been estimated at
$300 per lineal foot.
- Pro rata contribution = dollar assessment per land use proposed
due at issuance of a zoning permit for
each structure.
The costs associated with the construction of the ultimate two
north-bound lanes described in Proffer No. 6 shall be credited
to Richlynn Development, Inc. toward pro rata contributions at
a rate of $150 per lineal foot of construction.
9. The principal uses proposed for Parcels A and B-1 shall be limited
to the following percentages:
Warehousing 30%
Office 30%
Research s Dev. Manufacturing 30%
Auxilliary 10%
This proffer does not restrict the property owner's right to
modify these percentages through the proffer amendment process
in response to future marketing considerations.
10. Twenty-five-foot side and rear building setbacys shall be main-
tained on each lot unless subject to restrictions outlined in
Section 722.6.2 and 723.6.2 of the Loudoun County Zoning Ordinance
as adopted by the Town and as modified in this Zoning Map amendment.
11. The development of the subject property will be subject to Protect-
ive Covenants, which will be subject to review and approval by the
Land Development Official, including provisions covering, but not
limited to the following items:
A. Architectural treatment of building facades adjacent
to public streets.
B. Uniform signage.
C. Landscaping standards including:
1. preservation of existing vegetation in required yards.
2. landscape maintenance.
12. Development of the subject property shall exclude the following
uses which are currently or potentially being provided by the
Airport:
A. Flight instruction.
B. Commercial aircraft maintenance services.
C. Commercial fuel sales.
D. Commercial aircraft storage.
13. The principal uses of Parcel B-2 shall be limited to prefabricated
and modular housing and components manufacturing.
SECTION II. This ordinance shall be in effect upon its passage.
After some discussion by Councilmembers the vote on this ordinace was
as follows:
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: Councilmember Hill
.,93
MINUTES OF THE DECEMBER 11, 1985 MEETING
85-0-31 = ORDINANCE _ AMENDING THE LEESBURG ZONING MAP FOR REZONING
. APPLICATION #ZM-64 BY DONALD E. NELSON, TRUSTEE
On a motion by Mrs. Hill and seconded-by Mr. •Kelley, the. following
ordinance was proposed and unanimously adopted:
WHEREAS, Rezoning Application #ZM-64 by Donald E. Nelson, Trustee, was
initiated and -referred by this Council to the Planning Commission on July
10, 1985; and
WHEREAS, the Planning Commission held a public hearing on this appli-
cation on- August 1, 1985; and
WHEREAS, the Planning Commission recommended to Council approval of
this application on September 27, 1985, contingent upon certain proffered
conditions and modifications agreed to by the applicant; and •
WHEREAS, this Council on November 13, 1985 held a public hearing on the
CD proposed rezoning -and received proffers, in writing, from D. Hunter Smiley,
Jr. and Stephanie' Cox,- owners of the subject property,- setting forth
certain conditions which would become a part of- theirezoning. request; and
CO
WHEREAS, the applicant amended the original- application and proffered
conditions on December 6, 1985, which nermit a less intensive use than
originally proposed; and
WHEREAS, it is determined that the proposed amendment, as revised is in
the interest of the public necessity, convenience, general welfare and good
zoning practice:
THEREFORE, ORDAINED by the Council of the'Town- of Leesburg in Virginia
as follows:
I SECTION I. The Leesburg Zoning Ordinance is amended to revise the
Zoning District Map to change from County A-3 to County PD-IP including
offices and warehousing as permitted uses, 10.01534 acres of land located on
the east side of Sycolin, Road and bounded by Allen K. and Laura V. Shreve on
the north, Richlynn Development, Inc. on the south, Sycolin Road on the west
and John Santmyer, Estate on the east in accordance with a plat prepared by
Chamberlin-.Wolford .Associates dated July 9, 1985, subject to the following
proffered conditions submitted in accordance with Section 15.1-.491.2 of the
1950 Code of Virginia as amended:
1. The development plan or subdivision plat for this tract shall
include the dedication of necessary right-of-way and payment of
' an :equitable pro rata -share based on expected traffic generation
for future improvements to-Sycolin Road -(State Route643) from the
-Leesburg By-pass to this site. - Any •right-of-way. dedication or
payment of pro rata share shall• be-as generally applied to, other
properties located contiguous to Sycolin Road.
•
2. The development plan or subdivision plat for this tract shall
. include payment of a pro rata share for extending a water main
from the vicinity of the Leesburg By-pass to the southern corporate
limits. The pro rata share shall not exceed 1.38 percent of the
. total projact cost.
3. Any existing or proposed development or subdivision shall connect
to central water facilities when such facilities are available to
or across the property boundary.
4. Mature vegetation shall be preserved to the extent possible in
required yards.
5. Direct access to Sycolin Road from this property shall be limited to
a single entrance located generally near the center of the property.
94
MINUTES OF THE DECEMBER 11, 1985 MEETING
6. Adequate right-of-way, suitable to the..Director of Engineering,
shall be dedicated to allow for the provision of future public
road access from this property to the Santmeyer property (Tax
Map parcel 48-75) on the east.
7. . Side and, rear building setbacks of 25-feet shall be maintained
on each lot unless subject to greater restrictions under the
Loudoun County Zoning Ordinance as adopted by the Town of Leesburg.
8. Development of the property shall be subject to restrictive .-.
covenants reviewed and approved by the Land Development Official
prior to subdivision or site plan approval, including provisions
co@ering:
A. Architecutraltzeatment of building facades adjacent to
public streets;
B. Uniform signs; and
C. Landscaping standards including preservation of existing
vegetation in required yards to the extent possible and
landscaping maintenance requirements.
SECTION II. This ordinance shall be in effect- upon its passage.
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams
and Mayor Sevila
Nay: None
85-229 - RESOLUTION - AMENDING A CONTRACT FOR PUBLIC IMPROVEMENTS FOR
WAVERLY PARK, PHASES II AND III
On a motion by Mrs. Hill and seconded by Mr. Bos the following
resolution was proposed and unanimously adopted:
WHEREAS, by resolution 84-180 the Town Council entered into a public
improvement contract with Waverly Park Partnership for Phase I of Waverly
Park; and
WHEREAS, the Director of Engineering and Planning Commission have
approved Phases II and III of Waverly Park:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized to amend a contract on behalf of
the town (Form PC-2) with Waverly Park Partnership of Middleburg, Virginia,
for the installation of public improvements shown on the plans approved by
the Director of Engineering for Waverly Park, Phases II and III.
SECTION II. A performance bond in the amount of $13,546 from Fidelity
and Deposit Company of Maryland is approved as security to guarantee
installation of the public improvements shown on the plans approved by the
Director of Engineering for Waverly Park, Phases II and III.
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
'
Mayor Sevila
Nay: ' None
85-230 - RESOLUTION - REAPPOINTING MARVIN BELLES TO THE LEESBURG PLANNING
COMMISSION
On a motion by Mr. Curry and seconded by Mr. Tolbert the following
resolution was proposed and unanimously adopted:
WHEREAS, the term of office of Marvin Belles as a member of the
Leesburg Planning Commission expires on December 31, 1985;
95
MINUTES OF THE DECEMBER 11, 1985 MEETING
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Marvin Belles is reappointed to-the,Leesburg Planning Commission for a
term of four years, the term of office to expire on December 31, 1989.
After several supportive comments from the Councilmembers the vote was
as follows:
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila
Nay; . None - -
85-231 - RESOLUTION - AUTHORIZING SPECIAL COUNSEL
On•a motion by Mrs. Hill and seconded by Mr. Williams the following
resolution was unanimously adopted:
T RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
N W. H. Jolly, Attorney at Law, Galax, Virginia, is appointed as special
W counsel- to represent the Town in matters pertaining to the 1983 Annexation
M Agreement between- the Town and: Loudoun- County..
Q ,Aye::' Counci-lmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila .
Nay- None
85-232 - RESOLUTION -. AUTHORIZING AN-AGREEMENT WITH THE ;COUNTY OF- LOUDOUN -
TO EXTEND WATER SERVICE ON ROUTE 643
On a motion by Mrs. Hill and seconded by Mr. Williams the following
resolution was presented and adopted
WHEREAS, the Town of Leesburg desires to extend water service along
Route 643;, and
WHEREAS, sewer service was extended along, Route 643 in 1984; and
WHEREAS,• water service along Route 643 will promote economic
development around the Leesburg Municipal Airport area; and -
WHEREAS, the extension of a waterline along Route 643 has the support
of the County of Loudoun and two developers that have indicated their
willingness to participate in the financing of this project; and
WHEREAS, the Route 643 Waterline Reimbursement Agreement was
transferred to Council on November 25, 1985 and was in a form approved by
the Town- Attorney's office. ,
•
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
•
-SECTION I. The manager is authorized to execute an agreement on behalf
of the Town of Leesburg with the County of Loudoun to provide financing of a
16 inch waterline along Route 643.
SECTION II. The aforementioned agreement will be executed at the same
time that similar agreements are executed with Richlynn Development, Inc and
Brownell; Inc.
Following comments made by Councilmembers both for and against this
resolution, the vote was as follows:
Aye: Councilmembers Bos, Curry, Tolbert, WilliamsandMayor Sevila
Nay: Councilmembers Hill and Kelley
98
MIN^TES OF THE DECEMBER 11, 1985 MEETING
•
Discussion on item 11(a), A Resolution Authorizing an Agreement in
Principal with- Peter Burnett for the Construc*ion of A Pedestrian Bridge
Across the •Town Branch Storm Drain-ge- Channel was as- follows: -
- 1Mr; Bos thanked the Council for-not-having taken-action on this when he
was absent. He feels that this is an important issue that needs careful
consideration. He asked the Council to allow Mr. Burnett to speak on this
agreement:- - ) .
Peter Burnett stated that he thought that he need not make a
presentation to Council because he felt Council was going to approve this
bridge. After he spent more time and money, he found out that Council had
not passed approval of this bridge. Plans-to build only one building on his
lot were considered, avoiding a suit against the town on improper
regulations. Bruce Brownell was initially against the bridge because he
felt that it would be detrimental to the use of the Vinegar Hill lot,
Parking in the area is a real problem. Mr. Burnett offered the use of
parking spaces behind hie building during evening and' weekend hours. This
created some insurance and appraisal problems for his property. He does not
understand why'the'town can 'ohaige' $.35 per hour for parking and he has, to
give ffida space''to the tot( -on the weekends. If the bridge is not approved
he will probably lease his parking let through permit parking to other down-
town businesses. He would like to lease this parking for the use of Market
Station parking, but that would only be feasible with an access bridge to
the development. Handicapped parking spaces (at least two) at the terminus
of the bridge would make both Market Station and his building accessible.
Mr. Bos suggested that this be put back to committee. He did not feel
that the•Council could make a fair assessment this evening :on this. '
•
Mayor Sevila had spoken to Mr. Burnett regarding some of the finer
points'of -the agreement for the bridge and was satisfied with what Mr.
Burnett indicated he would agree to . This evening there is a resolution
before Council, but the agreement has not been drawn up yet.
On a motion by Mr. Williams and seconded by Mr. Bos it was recommended
that the above referenced resolution be referred to the Finance and Adminis-
tration Committee meeting on January 2, 1986.
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and
Mayor Sevila
Nay••"'None
85-233 - RESOLUTION - 'ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE '
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
BOND -FOR- CARDINAL INDUSTRIAL PARK SEWER FORCE=MAIN
On a motion by Mrs. Hill and seconded by Mr. Kelley, the following
resolution was proposed and unanimously adopted:
WHEREAS, the developer of Cardinal Industrial park has completed the
sanitary sewage force main in accordance with town standards and specifica-
tionsaand 'these'have been inspected and approved'and" the asbuilt drawings
have beensubmitted'and: approved•
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows: • '
SECTION I. The irrevocable letter of credit in the amount of $30,000
from Community Bank and Trust Company of Virginia is released. A cash
maintenance bond in the amount of $600 to be in effect for a period 'of one
year from this date is approved. • - •
SECTION II. This release is contingent upon delivery of a properly
executed instrument conveying unto the town all such improvements free of
any liens or charges.
97
MINUTES OF THE DECEMBER 11, 1985 MEETING
Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams
and Mayor Sevila
Nay: None
85-234 - RESOLUTION - COMMENTING ON THE POTOMAC PARK DEVELOPMENT REZONING
APPLICATION AND STATING COUNCIL'S OPPOSITION THERETO
AS PROPOSED
On a motion by Mrs. Hill and seconded by Mr. Kelley, the following
resolution was presented and unanimously adopted:
WHEREAS, the Xerox Realty corporation has made application for land
it surrounding the Xerox International Traini^g Center to rezone 821 acres from
A-3 to PD-OP and 1,039 acres from A-3 to PDH-12; and
WHEREAS, Paragraph 16 of the Annexation Agreement of�November 15, 1982
CD and Section III, Subsection J of the Annextion Area Development Policies
N (AADPs) provide that the town and county shall refer zoni^'g and land
N development applications to each other for review and comment prior to
Planning Commission public hearings or recommendations to the approving
W body; and
CO
Q WHEREAS, this Council desires to reasonably accommodate the proposed
Potomac Park development consistent with the Annexation Agreement, AADPs and
Court Order; and
WHEREAS, approximately one-half of the proposed rezoning is located
within the Leesburg Area Management Plan (LAMP) planning area; and
WHEREAS, this Council is vitally interested in protecting the integrity
111fo the Annexation Agreement and the AADPs; and
WHEREAS, the Loudoun County Board of Supervisors unilaterally and in
violation of said agreement approved on September 16, 1985 amendments to the
LAMP that designate the Loudoun County Sanitation Authority as the water and
sewer provider for the entire development tract, specifically includi-g the
acreage. west of Goose Creek; and
WHEREAS, Paragraph 18 of said Agreement and Section III, Subsection F,
li Paragraph 2 of the AADPs provide that "central water and sewer facility
extensions and package treatment plants shall be precluded in the LAMP
planning area outside of the annexation area until January 1, 1994 unless
necessary to protect the public health and mutually agreed upon by the town
and county" ; and
WHEREAS, the town's wastewater management facility plan prepared
pursuant to Paragraph 201 of PL92-500, and adopted by the State Water
Control Board, designates Leesburg as the provider of wastewater treatment
services for that portion of the Leesburg Area Management Plan west of Goose
Creek; and
WHEREAS, the proposed rezoning scheduled for consideration by the Board
of Supervisors on December 16, 1985, if approved, will in concert with the
aforementioned LAMP amendment violate said Agreement and the AADPs; and
WHEREAS, the Board of Supervisors and the Town Council appointed two
members from each body to serve on the Joint Policy Committee, established
pursuant to the Agreement and the AADPs, and convened said Joint Policy
Committee to seek agreement on the extension and location of central water
and sewer facilities within the LAMP portion of Potomac Park development;
and
WHEREAS, this Council understands that the Board of Supervisors intends
to approve the Potomac Park development on December 16, 1985, regardless of
any action taken by the Joint Policy Committee; and
98
MINUTES OF THE DECEMBER 11, 1985 MEETING
WHEREAS, this Council considers any Board action to approve the
Potomac Park rezoning in its present form, to be a violation of the
Annexation Agreement and AADPs and the Order of Annexation entered on
October 11, 1983:
•
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows: ' " -
SECTION I. The town Council hereby requests that no action on the
rezoning, in•its present form, be taken by the Board of Suerpvisors until
the matter of the provision of the extension and/or location of central
water and sewer facilities is resolved by the B- rd of Supervisors and the
Leesburg Town Council as required by the Annexation Agreement, AADPs and
Court Order.
SECTION II. The manager is authorized to direct special counsel W. H.
Jolly, on behalf of the town, to request the reconvening of the Annexation
Court to enforce the terms of the Annexation Agreement, AADPs and Court
Order.
SECTION III. The manager is directed to transmit a copy of this
resolution to the Chairman of the Loudoun County Board of Supervisors, Joint
Policy Committee and the County Administrator.
Aye: Cbuncilmembers Bos, Curry, Hill, Tolbert, Williams and
Mayor Sevila
Nay: 'None
Abstain: Councilmember Kelley
Mayor Sevila stated -that in the future the Council should not reveal
what will be discussed in committee nor should they ever lead someone to
assume that they need not be present at a meeting, that everything is under
control. These presumptions would be unfair to the applicants. Also, the
Council does hold the right to change its opinion on an issue and reconsider
it at another meeting.
The motion was made and duly seconded to adjourn the meeting at this
time.
Mayor
Clerk of €ouncil
1