HomeMy Public PortalAbout1986_05_14 198
MINUTES OF THE REGULAR MFETING OF LEESBURG TOWN COUNCIL, MAY 14, 1986
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on May 14, 1986 at 7:30
p.m. The meeting was called to order by Vice Mayor, Charles Williams with
the invocation given by Mr. Tolbert and followed with the Salute to the
Flag led by Councilmember Jerry Pelkey. Present were Vice Mayor, Charles
Williams, Councilmembers Charles Bos, Arl Curry, Brian Kelley, Jerry .
Pelkey, and John Tolbert. Mayor Sevila was absent. Staff members present
were Town Manager, Jeffrey Minor; Director of Planning, Zoning and Develop-
ment, Martha Mason-Semmes; Assistant Town Manager, Steve Owen; Director of
Engineering and Public Works, Tom Mason; Director of Finance, Paul York;
Town Attorney, George Martin and Deputy Town Attorney, Deborah Welsh.
On a motion by Mr. Tolbert and seconded by Mr. Kelley, it was
recommended that the minutes of the regular meeting of November 13, 1985
and the special meetings of May 5 and 7, 1986 be approved as submitted.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
Williams
Nay: None
PETITIONERS
Vice Mayor Williams read the following proclamation:
PROCLAMATION
WHEREAS, May 11-17, 1986 has been designated National Hospital •
Week by the American Hospital Association; and
WHEREAS, the theme for the National Hospital Week celebration
is "Hospitals make Healthy Neighbors"; and
' WHEREAS, the citizens of Leesburg openly pay tribute to the
dedicated staff of Loudoun Memorial Hospital for providing the high
quality health care that helps us all lead healthier lives:
. THEREFORE, BE IT PROCLAIMED that May 11-17, 1986 is NATIONAL
HOSPITAL WEEK and all citizens of Leesburg are urged to participate
in Loudoun Memorial Hospital's celebration.
PUBLIC HEARING ZM-69A, REZONING THE LAND AT PLAZA CONDOMINIUMS FROM
B-2TO R-4 — —
Jeff Minor gave the staff report regarding this Council initiated
rezoning stating that since this property is developed residentially rather
than commercially, it would make sense to zone it as such.
Ed _Younger, one of the principals of the development company for this
project, stated that the land was purchased with the intent to use it for
possible future commercial use. To comply with B-2 requirements, they have
purchased additional land to provide more parking. They want the zoning to
remain B-2. Charles Bos asked if all units had been sold and Mr. Younger
replied that they had been sold, mostly to investors.
Louis J. Marin, Mr. Younger's partner in this development, stated
that it was economically unfeasible to market this development as a regular
subdivision. Therefore, it was marketed as mainly a rental subdivision.
A letter was sent to the Planning Department setting out their reasons for
wanting the zoning to remain commercial. They bought it as business
property, paid for business property, and would like it to remain business
property. Right now many of the units are rented to short term tenants.
Because of the commercial nature of the area, to sell these or to rent them
long term is nearly impossible. In the future the developers would like to
convert some of the units to office space. This would not be possible
under the new zoning.
Since there were no other members of the public to speak on this
rezoning, the public hearing was closed at this point and referred to
Council level for discussion.
MINUTES OF THE MAY 14, 1986 MEETING 19 9
Mr. Bos asked what the process was to convert these units to offices.
Martha Mason-Semmes stated that parking in the area was not suf-
ficient at this time. She said that she was not familiar with building
code regulations and could not expand further on the conversion.
On a motion by Mr. Curry and seconded by Mr. Tolbert, it was
recommended that this rezoning be referred back to the Finance and
Administration Committee for further consideration at their next meeting.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
Williams
Nay: None
PUBLIC HEARING ON THE AMENDMENTS TO THE R-4 ZONING DISTRICT
Martha Mason-Semmes gave the staff report on the amendments as
T follows: This legislation was proposed by the town to improve the quality
CT) of multi-family dwelling areas. Standards relating to open space and land-
(V soaping would be added. Building height elevations would also have to be
N submitted in the preliminary stage. Density would remain unaffected.
MSince there was no one from the general public who wished to make
Q comments, the public hearing was closed at this time and moved to the
Council level for discussion.
On a motion by Mr. Curry and seconded by Mr. Bos it was recommended
that this be referred to the Finance and Administration Committee for
consideration at its next meeting.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
' Williams
Nay: None
COUNCILMEMBER COMMENTS
Mr. Bos welcomed Jerry Pelkey to the Council, following his recent
election to the vacant council seat. The Board of Architectural Review met
last M^nda spentmost of their time
y and going over some of the review
procedures of the Board. Mr. Bos asked that this be put on the Finance and
Administration Committee agenda for more in-depth discussion.
Mr. Pelkey thanked the citizens of Leesburg for electing him to the
Town Council. Following the resignation of Mrs. Hill immediately following
the elections, Mr. Pelkey began his term of office. Mrs. Hill had stated that
the new Councilmember should be able to take office as soon as possible in
the budget process. Mr. Pelkey went on to thank Jeff Minor for his
orientation of the town office and staff.
Mr. Curry also welcomed Mr. Pelkey and said that he would be missed
on the Planning Commission. The Planning Commission met last week and
considered the rezoning of ZM-75, C. J. Payne, R-1 to B-2 to allow
additional parking area. Secondly the bonding legislation was considered.
Chesterfield was approved in preliminary and final development plan.
A motion to approve Eastridge was defeated. Tudor Knolls, Phase II was
approved.
Mr. Kelley reported on the EDAC Committee meeting of this morning.
Pat Wahleyof Northern Virginia Gas was a guest speaker regarding the philo-
sophy of the gas company in the new development areas. Another guest was
Chuck Jones who spoke on the Certified Development Company, a company that
makes aid to small businesses available.
Mr. Tolbert welcomed Mr. Pelkey and also thanked the voters for their
support in his re-election. The Airport Commission will meet tomorrow
evening. The project at the airport is progressing very well and he
invited the Councilmembers to stop by and see it first hand.
20O
MINUTES OF THE MAY 14, 1986 MEETING •
Mr. Williams extended his welcome to Mr. Pelkey as a member of the
Council. Also, he congratulated Mr. Tolbert for his victory. He commended
Mr. Wilson for her desire to get involved in town politics, although she
was unsuccessful in this election. A thank you to the citizens was
extended by Mr. Williams for his recent re-election
A report on the Parks and Recreation Committee revealed that several
investigative reviews of parks in the nearby area have been completed. As
a special guest they had Jim Stup, who will also act as a liaison to this
committee. With the development of parks in both the town and county, it
is hoped that a joint effort could be established.
Recently Mr. Williams witnessed two incidents of public service
provided by the police department and commended the department on their
continued sensitivity to the citizens of Leesburg.
MANAGER'S REPORT
Several highlights of the activity report were the awards received by
the Wastewater Treatment Plant, and an individual award received by Steve
Cawthron. Mr. Minor also held up the awards received by the town for the
video and the marketing brochure, presented by the City Hall Digest.
Keith Kirschnick has been appointed Assistant Director of Engineering
and Public Works. He will begin his duties on June 9, 1986.
The proposal for a downtown parking garage and municipal government
center has been distributed to Council for their comment and consideration.
VDH&T has put the tourist signs into place at all four entrances to
Leesburg. Martha Mason Semmes and Tom Mason met with representatives of
VDH&T regarding transportation plans for Leesburg and the immediate
surrounding area.
Ronald Speakman has been appointed as a new police private. Two
officers on the force have resigned.
Repairs on Clubhouse Drive have now been completed. This is .the
result of efforts between the town and the owners of the property to share
in the cost of rehabilitating this private road.
The request for proposal to select engineering services for the Route
643 waterline has been sent out.
The FAA grant for the north runway extension project has been
increased and includes moneys for the overlay of the present runway, along
with the extension that is proposed.
LEGISLATION
On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following
ordinance was proposed and adopted:
86-0-21 - ORDINANCE - AMENDING THE ZONING MAP FOR REZONING APPLICATION
ZM-63
WHEREAS, Rezoning Application #ZM-63 by Bruce M. Brownell to rezone
14.33 acres of land at the corner of Route 643 (Sycolin Road) and Route 654
(Lawson Road) was referred by this Council to the Planning Commission on
July 10, 1985; and
WHEREAS, the Planning Commission held a public hearing on this
application on August 1, 1985; and
WHEREAS, the Planning Commission recommended to Council approval of
this application on January 16, 1986, contingent upon certain proffered
conditions and modifications of the original application; and
MINUTES OF THE MAY 14, 1986 MEETING 2 0
WHEREAS, this Council on March 12, 1986 held a public hearing on the
proposed rezoning as revised; and
WHEREAS, the applicant amended the conditions on the original
application and proffered on May 13, 1986, to permit 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:
SECTION I. The Leesburg Zoning Ordinance is amended to revise the
Zoning District Map to change from County R-1 to County PD-CH, 7.93 acres
of land bounded by the land of Horrocks on the north, Route 654 on the
south, Route 643 on the east and the land of European American Furniture,
T Inc. on the north, in accordance with a plat prepared by Patton, Harris and
CD Rust, Inc. dated May 9, 1986.
N
N SECTION II. The Leesburg Zoning Ordinance is amended to revise the
Zoning District map to change from County R-1 to Town R-3, 6.5 acres of
CO land bounded by the land of Horrocks on the north, Route 654 on the south
and the lands of European American Furniture Company, Inc. on the east and
west in accordance with a plat prepared by Patton, Harris and Rust, Inc.
dated May 9, 1986.
SECTION III. These zoning map amendments are subject to the following
proffered conditions submitted in accordance with Section 15.1-491.2 of the
Code of Virginia as amended:
1. Undesirable uses. The uses listed in the use category "Auto Sales,
Services" under Section 710.2 of the Planned Development-Commercial
Highway zone of the Loudoun County Zoning Ordinance shall not be used
or located on this tract of land, with the exception of one "Auto-
mobile Filling Station" which may be located on the property.
2. Limitation of Commercial Square Footage. Commercial uses shall not
exceed 82,000 square feet and office uses shall constitute the
remainder of allowable building area on the 7.93 acres of rezoned
PD-CH land.
3. Access to site. Access to the PD-CH tract from Route 643 and Route
654 shall be limited to one location on each road as approved by the
Town of Leesburg.
4. Building Configuration. No free-standing "convenience grocery store"
shall be located on the property, and the site shall have no less than
twenty percent landscaped open space.
5. Building Setback. No commercial building shall be located closer than
100 feet from the northern property line, and no commercial parking
spaces shall be located closer than 50-ft. from the northern property
line.
6. Townhouse Development. Townhouse development on the 6.5 acres of R-3
rezoning shall utilize parking courts and shall not have direct access
to Route 643, but shall share access with the parcel to the east.
7. Road right-of-way Dedication. The applicant shall dedicate free and
clear of all liens and encumbrances, 30 feet and 60 feet, respectively
from the centerline of Route 643 and Route 654 at the time the land is
needed for road improvements by the Town of Leesburg or at the time
of approval of the final plat or development plan for the development
of the tract.
202 MrNUTES OF THE MAY 14, 1986 MEETING
8. Road Improvements. Routes 643 and 654 shall be improved along the
property frontage to a standard 30-foot "rural pavement section" with
appropriate acceleration, deceleration, turn lanes and/or transitional
pavement sections as required by the Town of Leesburg standards. In
addition, a contribution shall be given in the amount of the pro rata
share of future transportation improvements to improve Route 654 from
its intersection with Route 7 to the east and to construct a grade-
separated interchange at the Route 643/Bypass intersection. This pro
rata share shall be determined by the Town of Leesburg and as generally
applied to other tracts in the Town of Leesburg for similar purposes:
ADT FOR USE x Est. Cost of x 8 Traffic = Pro Rata
Capacity of Future road Distributed Contribution
Roadway Improvements to Roadway for Roadway
o ADT for use = Average Daily Trips per land use category as
found in the Institute of Transportation
Engineers "Trip Generation" Manual (3rd Ed. )
o Traffic distribution to be based on the results of a traffic
study, prepared at the developer's expense prior to the approval
of the preliminary development plan or subdivision plat; the
results of which shall be agreed upon by the developer and the
Land Development Official.
o Pro rata contribution = dollar assessment per land use proposed,
due at issuance of a zoning permit for
each structure.
9. Architectural Quality. The development of the subject property shall
be governed by Protective Covenants to insure a coordinated and
attractive development, which will be subject to review and approval
by the Town of Leesburg's Land Development Official, including pro-
visions
for architectural treatment and signage.
10. Public Services. The applicant agrees to execute the Route 643 Water
Line Agreement, as transmitted to the Mayor and Council in a memorandum
dated November 25, 1985 which is adopted as part of this proffer by
reference.
11. Reconsideration. In the event that construction of the entire 82,000
square feet of commercial development permitted on the tract is not
"substantially complete" within ten years from the date of approval of
this commercial application, the Town of Leesburg may initiate a re-
zoning of the PD-CH District to a less intensive use. In the event
the Town Council downzones the property to another use, the Town will
not be sued to reinstate the PD-CH zoning.
SECTION IV. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
Williams.
Nay: Councilmember Bos
86-0-22 - ORDINANCE - AMENDING THE ZONING MAP FOR REZONING APPLICATION
ZM-70
On a motion by Mr. Bos and seconded by Mr. Kelley the following
ordinance was proposed and adopted:
WHEREAS, Rezoning Application #ZM-70 by Bruce M. Brownell to rezone
82.9 acres of land near the corner of Route 643 (Sycolin Road) and Route
654 (Lawson Road) from County R-1 to County R-2 was referred by this
Council to the Planning Commission on October 9, 1985; and
WHEREAS, the Planning Commission held a public hearing on this
application on December 6, 1985; and
MINUTES OF THE MAY 14, 1986 MEETING 2 0 3
WHEREAS, the applicant revised the application and proposed certain
proffered conditions; and
WHEREAS, the Planning Commission recommended to Council approval of
this application on January 16, 1986, contingent upon certain proffered
conditions and modifications of the original application; and
I
WHEREAS, this Council on March 12, 1986 held a public hearing on the
proposed rezoning; and
WHEREAS, the applicant amended the conditions on the original
application and proffered on May 14, 1986 to permit 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:
,, T THEREFORE, ORDAINED by the Council of the Town of Leesburg in
VJ Virginia as follows:
N
N SECTION I. The Leesburg Zoning Ordinance is amended to revise the
W Zoning District Map to change from County R-1 to County R-2, 82.9 acres of
CO land bounded by the land of Engle and Carlton on the north, Route 654 on
Cr the south, the land of Ciganeck, Alberts, Davis and Reisner on the east and
land of Engle, Horrocks and the European American Furniture Company on the
west, in accordance with a plat prepared by Patton, Harris & Rust, Inc.
dated May 14, 1986. This rezoning is subject to the proffered conditions
submitted in accordance with Section 15.1-491.2 of the Code of Virginia as
i amended:
1
1. Site Plan. The tract shall be developed in general compliance with the
I
Plat submitted with the zoning application prepared by RDA and
Patton, Harris, Rust and Associates, dated May 14, 1986.
2. Road Right-of-way Dedication. The applicant shall dedicate, free and
clear of all liens and encumbrances, 60-feet from the existing center-
line of Route 654 at the time the land is needed for road improvements
by the Town of Leesburg or at the time of approval of the final sub-
division plat for the property, whichever occurs first.
3. Road Improvements. Route 654 shall be improved along the southern
property frontage to a standard 30-foot "rural pavement section" with
appropriate acceleration, deceleration, turn lanes and/or transitional
pavement sections as required by the Town of Leesburg standards. In
addition, a contribution shall be given in the amount of the pro rata
share of future transporation improvements to improve Route 654 from
its intersection with Route 643 to the proposed intersection with
Route 7 to the east. This pro rata share shall be determined by
the Town of Leesburg and calculated by the following formula developed
1 by the Town of Leesburg as generally applied to other tracts in the
Town of Leesburg for similar purposes:
ADT FOR USE x Est. Cost of x Traffic = Pro Rata
Capacity of Future Roads Distributed Contribution
Roadway Improvements to Roadway for Roadway
o ADT for use = Average Daily Trips per land use category as found in
the Institute of Transportation Engineers "Trip
Generation" Manual (3rd Ed. )
o Traffic Distribution to be based on the results of a traffic study,
prepared at the developer's expense prior to the approval of the
preliminary subdivision plat, the results of which shall be agreed
upon by the developer and the Land Development Official.
204 MINUTES OF THE MAY 14, 1986 MEETING
o Pro rata contribution = dollar assessment per land use proposed,
due at issuance of a zoning permit for each
structure.
4. Access. No zoning permits shall be issued for Lots 81 through 90 until
the internal street connection between lots 81 and 54 is completed to
allow access of these lots through the tract to the designated entrance
to the project on Route 654.
5. Vegetation and Slope. Both slope and mature trees shall be protected
to the greatest extent possible. Mature trees and slopes in excess
of 15% shall only be removed or modified as necessary to accommodate
the site construction, access, utilities service, and the creation of
usuable lots and yards for the proposed single family detached housing
development.
6. Public Services. The applicant agrees to execute the Route 643 water
line agreement, as transmitted to the Mayor and Council in a memorandum
dated November 25, 1985 which is adopted as part of this proffer by
reference.
7. Public School Bus Access. The applicant agrees that no house shall be
constructed more than eight tenths of a mile from a school bus shelter
constructed adjacent to a public road.
8. Park Area. The applicant agrees that the area designated a- "park"
on the plat submitted with the zoning application, shall be dedicated
to the Town of Leesburg at the time of final plat or plan approval, or
to the Northern Virginia Regional Park Authority if refused by the
Town of Leesburg. If the park area is not desired by either agency,
it shall be placed in the ownership, control and maintenance of the
homeowners association.
9. Park Contribution. In the event the park area is accepted by the
Town of Leesburg for development for Town use the applicant shall
donate five thousand dollars ($5,000) to the Town to be used for the
development of the park. This contribution shall be paid to the Town
of Leesburg on a per dwelling unit basis at the time of issuance of
zoning permits for each dwelling unit on the property.
SECTION II. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
Williams
Nay: None
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
86-79 - RESOLUTION OF RESPECT
WHEREAS, Roland B. Flint, former manager of the local Virginia
Electric and Power Company Office and well known resident of Leesburg, died
in Leesburg on April 21, 1986; and
WHEREAS, Mr. Flint was a member of various civic and service
organizations in Loudoun County and Leesburg; and
WHEREAS, Mr. Flint served as Chairman of the Grievance Committee of
the Town of Leesburg from 1974 through 1985; and
WHEREAS, Mr. Flint contributed of his time and energies in the past to
the betterment of the Town of Leesburg:
THEREFORE, RESOLVED that the Mayor and Members of the Council of the
Town of Leesburg do extend their sympathy to his family and to all who knew
him; and
205
MINUTES OF THE MAY 14, 1986 MEETING
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon
the minutes of this meeting and that a copy be sent to his wife and
children.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
Williams
Nay: None
On a motion by Mr. Bos and seconded by Mr. Kelley, the following
resolutions were considered as consent items and unanimously adopted:
86-80 - RESOLUTION - CONSENTING TO THE VACATION OF THE EDWARDS FERRY
MEWS SUBDIVISION
WHEREAS, Section 15.1-481 of the 1950 Code of Virginia, as amended,
permits the vacation of a recorded subdivision plat with the consent of the
governing body by the owners of the subdivision prior to the sale of any
lot therein; and
NWHEREAS, Brownell, Inc. is the fee simple owner of the Edwards Ferry
Mews Subdivision as shown on a plat prepared by DeLashmutt Associates dated
w January 1982 and recorded among the land records in the Clerk's Office for
[fl the Circuit Court of Loudoun County in Deed Book 810 at Page 1508 et. seq.;
and
WHEREAS, it is the desire and intent of Brownell, Inc., to vacate the
plat of the Edwards Ferry Mews Subdivision in its entirety in accordance
with a deed of vacation by Brownell, Inc., dated May 14, 1986; and
WHEREAS, no further public interest is served by the retention of
this subdivision plat; and
WHEREAS, on March 4, 1982, Brownell, Inc., as a condition imposed by
the Leesburg Planning Commission in conjunction with a variance granted for
this subdivision, deposited $2,970 in an escrow account held by the town
for construction and widening by the Town of Edwards Ferry Road adjacent to
the subdivision; and
WHEREAS, the vacation of the Edwards Ferry Mews plat relieves the
subdivider of any responsibility for improvements to Edwards Ferry Road:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Town Council consents to the vacation of the Edwards
Ferry Mews Subdivision plat in its entirety.
SECTION II. The Director of Finance is authorized to refund $2,970
plus interest, on deposit with the town in an escrow account on behalf of
Brownell, Inc.
86-81 - RESOLUTION - ACCEPTING A DEDICATION OF RIGHT OF WAY AND AUTHOR-
IZING THE COMPLETION OF PUBLIC IMPROVEMENTS BY
DECEMBER 11, 1986
WHEREAS, North Street, N.E. between Church Street and the property
owned by Loudoun County, abutting the Harris property, presently has a 30-
foot right-of-way; and
WHEREAS, Roy D. Finney and John Niccolls have offered to dedicate a
parcel of land on the south side of North Street, 10 feet in width and
approximately 103 feet in length that will be an addition to the North
Street right-of-way; and
206
MINUTES OF THE MAY 14, 1986 MEETING
WHEREAS, in consideration of this dedication the Town Council has
agreed to construct approximately 103 feet of curb, gutter and sidewalk
along this section of North Street, and the applicanthas agreed to pay
the $200 cost difference between the sidewalk construction and the cost of
driveway entrances; and
WHEREAS, this Council has found that this right-of-way dedication and
sidewalk construction is in the public interest:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is directed to prepare an appropriate deed of
dedication .and plat.
SECTION II. The manager is directed to complete a curb, gutter and
sidewalk section with driveway entrances along North Street by December 1,
1986.
SECTION III. This dedication of 1039.4 square feet is accepted for
public street purposes and the mayor is authorized to acknowledge this
acceptance on behalf of the Town by executing the deed of dedication.
86-82 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION FOR CATOCTIN VIEW
SUBDIVISION
WHEREAS, the Town's Director of Engineering has reviewed the public
improvements installed to date in the Catoctin View Subdivision and cer-
tifies that the value of work performed is $116,491, and
WHEREAS, a letter of credit from Suburban Bank of Maryland in the
amount of $279,089 has been provided by the developer and approved by
Council to guarantee installation of public improvements in the Catoctin
View Subdivision:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Suburban Bank letter of credit originally in the
amount of $279,089 is reduced to $162,598.
SECTION II. The manager shall notify the developer of the Catoctin
View Subdivision that liability for letter of credit funds has been reduced
as outlined in Section I of this resolution, and that this reduction does
not constitute acceptance of public improvements by the town or relieve the
developer of responsibilities outlined in the contract for public
improvements for the Catoctin View Subdivision.
86-83 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AMENDMENT TO THE SUB-
DIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING
BONDING REQUIREMENTS
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
A Notice of Public Hearing to consider proposed amendments of the
Subdivision and Land Development Regulations of the Town Code regarding
bonding requirements shall be published in the Loudoun Times Mirror on June
5, 1986 and June 12, 1986 for public hearing on June 25, 1986 at 7:30 p.m.
in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia.
MINUTES OF THE MAY 14, 1986 MEETING 207
86-84 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED
ZONING MAP AMENDMENT ZM-74-MARTIN H. PORETSKY
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
A Notice of Public Hearing to consider rezoning application #ZM-74, by
Martin H. Poretsky to the zoning district map of the Leesburg Zoning
Ordinance, to rezone from County A-3 to County PD-IP, 23.5 acres of land
located on the north side of Route 7 and bounded by P. a K. Cassidy et al
! and T. G. Crouch on the north, Route 7 on the south and Thomas G. Crouch on
the east shall be published in the Loudoun Times Mirror on May 22, 1986 and
May 29, 1986, for public hearing on June 11, 1986, at 7:30 p.m. in the
Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia.
86-85 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED
ZONING MAP AMENDMENT ZM-59, WASHINGTON-VIRGINIA
//�� TRADITIONAL DEVELOPMENT COMPANY
CD RESOLVED by the Council of the Town of Leesburg in Virginia as
N follows:
N
UJ A Notice of Public Hearing to consider rezoning application #ZM-59 by
M Washington-Virginia Traditional Development Company to rezone 49 acres of
Q land from County R-1 to County PD-SC, PD-CH and PDH-24 located at the
intersection of Route 15 South and Route 621 shall be published in the
Loudoun Times Mirror on May 22, 1986 and May 29, 1986, for public hearing
on June 11, 1986 at 7: 30 p.m. in the Council Chambers, 10 Loudoun Street,
SW, Leesburg, Virginia.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
Williams
INay: None
86-86 - RESOLUTION - ADOPTING THE 1987-1992 CAPITAL IMPROVEMENTS PROGRAM
On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following
resolution was proposed and adopted:
WHEREAS, Section 15.1-464 of the Code of Virginia, as amended,
authorizes preparation and annual review of a capital improvements program
(CIP) ; and
WHEREAS, the Planning Commission has reviewed the 1987-1992 CIP and
recommends adoption to the Council; and
WHEREAS, the CIP provides a long-term plan for the financing and
acquisition of capital facilities, projects and equipment:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The 1987-1992 Capital Improvements Program submitted by
the manager of March 31, 1986, is adopted with the following changes:
a. Project 4400.033, Replace Dump Trucks, the first truck listed is
moved from fiscal year 1988 to fiscal year 1987.
b. Project 4102.021A, Street Lights, is added.
c. Project 4103.030A, West Cornwall Street Improvements, is added.
d. Project 6100.077, South End Hangar Improvements, is added.
SECTION II. This resolution shall be in effect upon its adoption.
Several Councilmembers, particularly Mr. Kelley, had comments on the
CIP. He was concerned about the inclusion of the parking garage/municipal
center in this CIP, but is in favor of the CIP in general, as are the other
members of the Council.
2 R
0 8 MINUTES OF THE MAY 14, 1986 MEETING
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
Williams
Nay: None
86-87 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH DLH/INE CORPORATION
FOR THE CONVERSION OF THE TOWN'S REAL ESTATE TAX,
PERSONAL PROPERTY TAX AND BUSINESS LICENSE BILLING
AND COLLECTION TO COMPUTERIZED PROCEDURES
On a motion by Mr. Bos and seconded by Mr. Kelley, the following
resolution was proposed and adopted:
WHEREAS, in April 1985, the town contracted with DLH/INE Corporation
to furnish the town with accounting software for the purpose of converting
its manual system of bookkeeping to an automated one; and
WHEREAS, the proposed budget for the fiscal year ending June 30, 1987,
proposes the acquisition of software from DLH/INE Corporation for the co
version of the town's real estate tax, personal property tax and business
license billing and collection procedures from a manual system to an
automated system; and
WHEREAS, the agreement with DLH/INE Corporation beco^es null and void
and no obligation or liability shall accrue to the town for any work
completed on this project by DLH/INE Corporation should funds not be appro-
priated in the fiscal year 1987 budget:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized to execute an agreement with
DLH/INE Corporation for the purpose of automating the town's real estate
tax, personal property tax and business license billing and collection
procedures.
SECTION II. On or subsequent to July 1, 1986, the town shall pay to
DLH/INE Corporation the amount of $20,000 for the performance of these
services so long as funds are appropriated in the fiscal year ending June
30, 1987, budget.
SECTION III. Since this computer software interfaces with the town's
general ledger accounting system and since DLH/INE Corporation holds
exclusive marketing rights to this software, this agreement qualifies as a
sole source procurement as is provided for in Paragraph 8.4 of the town's
purchasing policy.
After very positive Councilmember comments, the vote on this
resolution was as follows:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
Williams
Nay: None
86-88 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 9 TO
R. F. KLINE, INC. FOR WORK COMPLETED AT THE WASTE-
WATER TREATMENT PLANT
On a motion by Mr. Tolbert and seconded by Mr. Kelley the following
resolution was proposed and unanimously adopted:
WHEREAS, the contract for improvements at the Wastewater Treatment
Plant was awarded to Richard F. Kline, Inc. ; and
MINUTES OF THE MAY 14, 1986 MEETING 209
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. 9 on April
24, 1986 and Camp, Dresser and McKee has reviewed and approved this
request; and
WHEREAS, the Director of Engineering has recommended payment of
Payment Request No. 9 in the amount of $310,719.00.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in
Virginia as follows:
Payment in the amount of $310,719.00 ($327,072.00 less 5% retainage)
shall be made to R. F. Kline, Inc. for Payment Request No. 9 for the
Wastewater Treatment Plant Expansion Project.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
(V Williams
CklWNay: None
CO NEW BUSINESS
Q
86-89 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
RECREATIONAL IMPROVEMENTS AND APPROVING WATER AND
SEWER EXTENSIONS FOR T & K ASSOCIATES
On a motion by Mr. Tolbert and seconded by Mr. Curry, the following
resolution was proposed and adopted:
RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The manager is authorized to execute on behalf of the
town an agreement (Form PC-2) with T & K Associates of Catlett, Virginia,
for installation of public improvements shown on the plans approved by the
Director of Engineering for Tudor Knolls Apartments, Phase II.
SECTION II. The extension of municipal water and sewer works for the
T & K Associates is approved in accordance with Section 15-9 and 19-18 of
the Town code.
SECTION III. An irrevocable bank letter of credit in a form approved
by the Town Attorney from Fairfax Savings Bank in the amount of $340,089 is
approved as security to guarantee installation of the public improvements
shown on plans approved by the Director of Engineering for Tudor Knolls,
Phase II.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
Williams
Nay: None
•
86-90 - RESOLUTION - AUTHORIZNG FURTHER LEGAL ACTION WITH RESPECT TO THE
ENFORCEMENT OF THE LEESBURG/LOUDOUN COUNTY 1982
ANNEXATION AGREEMENT
On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following
resolution was proposed and adopted:
WHEREAS, the Town of Leesburg and County of Loudoun entered into an
annexation agreement on November 15, 1982 which included Annexation Area
Development Policies (AADPs) governing land use, transportation, utility and
other development issues within the annexation area and the Leesburg Area
Management Plan (LAMP) area outside the expanded corporate limits; and
210 MTNUTES OF THE MAY 14, 1986 MEETING
WHEREAS, the AADPs provide that "the enlarged town limits have been
established as a boundary line beyond which central water and sewer
services should not be provided in order to concentrate growth in and
around the town . . ."; and
WHEREAS, Section 3, Subsection F, Paragraph 2 of the AADPs provides
that "central water and sewer facility extensions . . . shall be precluded
in the LAMP planning area outside the annexation area until January 1,
1994, unless necessary to protect the public health or mutually agreed
upon by the town and county;" and
WHEREAS, Paragraph 18 of the Annexation Agreement provides, "the Board
of Supervisors agrees to take all legal steps available in order to
preclude the location of central water and sewer systems . . . in the LAMP
planning area outside of the territory to be annexed until January 1,
1994" ; and
WHEREAS, Xerox Realty Corporation (Xerox) filed an application with
Loudoun County to rezone 821 acres to PD-OP and 1,039 acres to PDH-12; and
WHEREAS, more than one half of the land proposed for rezoning was
located within the LAMP area; and
WHEREAS, the Loudoun County Board of Supervisors, in order to
accommodate this rezoning, 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 Xerox tract, including those lands
lying within the LAMP area in violation of the Annexation Agreement and
without proper notice to the town; and
WHEREAS, the rezoning application included a proffered condition which
unilaterally established the Loudoun County Sanitation Authority as the
water and sewer provider for the Xerox property in the LAMP planning area;
and
WHEREAS, Council Resolution No. 85-234 adopted December 11, 1985
requested the Board of Supervisors to take no action on the Xerox rezoning
application until the issue of extending central water and sewer facilities
within the portion of the Xerox property located in the LAMP area was
resolved by the Board of Supervisors and the Town Council in accordance
with the Annexation agreement, AADPs and Court Order; and
WHEREAS, the Board of Supervisors refused to honor the town's request
and on December 16, 1985 approved the rezoning of 1860 acres of land owned
by Xerox to urban uses thereby violating the Annexation Agreement, AADPs
and Court Order; and
WHEREAS, the Town Council, through counsel requested the reconvening
of the Special Annexation Court and filed a motion to enforce the terms of
the Annexation Agreement, AADPs and Court Order; and
WHEREAS, in 1983 the General Assembly passed legislation requested by
the town and county which the town believed would ensure the enforceability
of the Annexation Agreement; and
WHEREAS, the special annexation court has informed the parties that it
intends to dismiss the town's motion for lack of jurisdiction; and
WHEREAS, this Council considers the future enforcement and integrity
of the Annexation Agreement of utmost importance to the interests of both
the town and county:
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in
Virginia as follows:
The law firm of Hunton and Williams is further retained and authorized
to pursue any and all legal remedies that may be available to enforce the
terms of the Annexation Agreement, AADPs and Court order.
MINUTES OF THE MAY 14, 1986 MFETING 2 if
Mr. Williams stated that he and Mayor Sevila, who entered at this
point, had attended a Board of Supervisors meeting. They had attended to
present a proposal regarding the Xerox issue. The Board just sent word
that they would like to have this proposal in writing and present it to the
Board next Monday evening.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
I
Nay: None
On motion of Brian Kelley and seconded by Charles Williams, Council
voted unanimously to go into executive session to discuss personnel and
legal matters. Section 2.1-344(1) and 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 are requested to participate in the meeting:
T Jeffrey Minor, Town Attorney, George Martin and Deputy Town Attorney,
VJ Deborah Welsh.
N
N Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
W Mayor Sevila
CO Q Nay: None
The meeting was called back to order by Mayor Sevila with no action
taken in the executive session.
1
Mr. Curry made the recommendation that minutes of the Finance and
Administration Committee and Utility and Public Works Committee meetings be
recorded, with the minutes to be available within a few days of the meeting.
I
He stated that sometimes a Councilmember needs to miss a meeting and at
least with minutes, they could be kept abreast of what transpired.
Mayor Sevila concurred citing several recent examples of the need for
i a record of the meetings.
Mr. Williams stated that he would be in favor of hiring someone to do
the minutes of the Committee meetings, Planning Commission meetings and to
be available to do typing for the Council.
After some further discussion by Mr. Minor, Mayor Sevila and other
members of the Council on the subject of minutes, it was promised that
someone would be at the next committee meeting to take minutes.
Mayor Sevila asked that the applications for ZM-63 and ZM-70 be recon-
sidered at the committee level. He felt that these applications were
approved in a manner going against what the town had recently approved in
the comprehensive plan. A major concern is rezoning to a county zone and
its application under the annexation agreement. How can the town
operate under an ordinance that is adopted by the county?
After continued discussion by Councilmembers, and a statement made by
Councilmember Curry whereby he stated that ZM-63 and ZM-70 worked hand in
hand and one could not be considered without the other, and that these
rezonings would also help with the waterline that is proposed for the area.
Following some further comments by Mr. Curry it was duly moved and
seconded that the meeting be adjourned.
�� //7� Mayor
Clerk of .uncil