HomeMy Public PortalAbout1986_08_27 304 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, AUGUST 27, 1986
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on August .27., .1986 at
7:30 p.m. The meeting was called to order by Vice Mayor, Charles Williams
with the invocation given by John Tolbert and followed by the Salute to the
Flag led by Councilmember Brian Kelley. Present were Vice Mayor Williams,
Councilmembers Charles Bos, Arl Curry, Brian Kelley, Jerry Pelkey and John
Tolbert, Jr. Mayor Robert Sevila was absent. Staff members present were
Town Manager, Jeffrey Minor; Assistant Town Manager, Steve Owen; Director
of Engineering and Public Works, Tom Mason; Director of Planning, Zoning
and Development, Martha Mason-Semmes; Director of Utilities, Randy Shoe-
maker and Town Attorney, George Martin.
On a motion by John Tolbert and seconded by Charles Bos it was recom-
mended that the minutes of the December 11, 1985 meeting be approved as
submitted.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Williams
Nay: None
PETITIONERS
Vice Mayor Williams announced that the Allbrittain rezoning will be
removed from this evening's agenda and be deferred to the next Finance and
Administration Committee meeting. The reason for this deferral was that
the developer wants to defer any building until the road to the area has
been built. Since Council has not yet committed to rebuild the road, this
must first be addressed.
A Certificate of Appreciation was presented to the Central Loudoun
Little League for their contribution to the betterment of the Town of
Leesburg by conducting a highly successful State Little League Tournament.
The certificate was accepted by Ernie Chandler who was Chairman of the
State Little League Tournament. He thanked the Council and Town Staff for
their support.
COUNCI LMEMBER COMMENTS
Mr. Bos reported on the meeting of the Board of Architectural Review
on Monday, August 18. Several permits within the Historic District were
granted. One permit was denied for a house that was within 100 feet of the
bike trail.
On another note, Mr. Bos commented on a recent editorial on the police
department. He felt that the editorial was well written and gave praise
where it was justly due.
Mr. Curry stated that the Planning Commission meeting had been
cancelled due to vacation schedules. He asked the Town Manager about a
situtation on Catoctin Circle near the Dry Mill Road intersection. Cars
are parked very close to the intersection thus making the use of the right
hand turn lane difficult. Mr. Curry asked if it would be possible to
restrict the parking from Belmont Drive toward Dry Mill Road.
Mr. Kelley quoted from the Manager's report regarding August Court
Days. He mentioned that Steve Owen had been in charge for the town display
and that this year the display was even better. Because of vacation
schedules the number of people who were available to man the stand were few
and he thanked Martha Semmes, Nancy Fixx and Susan Sherman for their
assistance.
MANAGER'S REPORT
Mr. Minor reported on the status of the Parks and Recreation survey.
The survey is ready to be mailed and some temporary help will be hired to
help stuff envelopes and get the survey in the mail.
The new traffic signals at Dry Mill Road and Catoctin Circle and
Harrison Street and Catoctin Circle are ready to be turned on. Both lights
will be operational by the beginning of school.
MINUTES OF THE AUGUST 27, 1986 MEETING 305
Nine proposals were received for the stormwater master plan request.
These are currently being reviewed and a recommendation should be available
to Council by September.
LEGISLATION
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
ordinances and resolutions were considered and adopted as consent items:
86-0-39 - ORDINANCE - AMENDING THE TOWN CODE REGARDING COMPENSATION FOR
MEMBERS OF THE BOARD OF ARCHITECTURAL REVIEW AND
BOARD OF ZONING APPEALS
WHEREAS, members of the Board of Architectural Review and Board of
Zoning Appeals perform services for the town at times other than just
attendance at called meetings; and
WHEREAS, regular monthly payments to members of these boards is a more
TT efficient method of compensation:
0)
C\1 THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
WM SECTION I. Section 2-88 of the Town Code is amended to read as
i W follows:
Q Section 2-88. Board of Architectural Review
Compensation of members of the Town Board of Architectural Review,
after September 1, 1986, shall be $600 per annum, payable in equal monthly
installments.
SECTION II. Section 2-89 of the Town Code is amended to read as
follows:
Section 2-89. Board of Zoning Appeals
Compensation of members of the Town Board of Zoning Appeals, after
September 1, 1986, shall be $600 per annum, payable in equal monthly
installments.
SECTION III. All prior ordinances in conflict herewith are repealed.
SECTION IV. This ordinance shall be in full force and effect after
its passage.
86-174 - RESOLUTION - AUTHORIZING NOTICE FOR A SECOND PUBLIC HEARING ON
PROPOSED ZONING MAP AMENDMENT #ZM-73 - GEORGE A. AND
SHERRY A. WILSON
WHEREAS, the proffer statement accompanying zoning application #ZM-73
by George A. and Sherry A. Wilson was not signed by the property owners
prior to the public hearing before Council on August 13, 1986, as required
by Section 15.1-491 of the 1950 Code of Virginia, as amended:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A Notice of Public Hearing to consider rezoning
application #ZM-73, by George A. and Sherry A. Wilson to amend the zoning
district map of the Leesburg Zoning Ordinance, from County R-1 and A-3 to
Town R-1, 10.0004 acres of land located east of Lawson Road (State Route
654) and bounded on the north and east by land of Euram Furniture and on
the south by land of Jeffrey 0. Welborn, TEE, shall be published in the
Loudoun Times Mirror on September 18, 1986 and September 25, 1986, for
public hearing on October 8, 1986, at 7:30 p.m. in the Council Chambers, 10
Loudoun Street, SW, Leesburg, Virginia.
SECTION II. The cost of advertising this public hearing shall be
charged to the applicant.
306 MINUTES OF THE AUGUST 27, 1986 MEETING
86-175 - RESOLUTION - AUTHORIZING AGREEMENT FOR LEASE OF LOUDOUN MUSEUM
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The manager is authorized and directed to execute an agreement with
Loudoun Museum, Inc. for the five year lease of properties owned in fee
simple by the Town of Leesburg located at 16 Loudoun Street, SW, Lot 23,
Block 16, Loudoun County Tax Map 48A and at 20 Wirt Street, SW, Lot 5A,
Block 23, Loudoun County Tax Map 48A.
86-176 - RESOLUTION - AUTHORIZING .A MAINTENANCE AGREEMENT WITH THE
PULTE HOME CORPORATION
WHEREAS, Pulte Home Corporation has proposed a wood fence and gazebo
entrance feature for the Foxridge Subdivision on town-owned property; and
WHEREAS, this Council concurs that the proposed improvement will be an
attractive design feature for this subdivision; and
WHEREAS, this Council desires that the future maintenance of "the
structure be performed by the Foxridge homeowner's association:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized and directed, on behalf of the
town, to execute a maintenance easement agreement with Pulte Home Corpora-
tion, its successors and assigns, on property owned by the Town of Leesburg
fronting on Catoctin Circle adjacent to the Foxridge Subdivision, in a form
approved by the town attorney. Dimensions of said easement shall be
sufficient to permit the maintenance of the proposed structure.
SECTION II. The plans for the wood gazebo/fence entrance structure
submitted by the Pulte Home Corporation for the Foxridge Subdivision are
approved and construction is authorized subject to the approval of all
details by the Director of Engineering and Public Works.
86-177 - RESOLUTION - APPOINTING JOHN W. TOLBERT, JR. AS THE COUNCIL'S
REPRESENTATIVE ON THE CONSULTANT SELECTION TEAM FOR
THE TOWN'S STORM WATER MASTER PLAN UPDATE
WHEREAS, a Request for Proposal has been issued to select a consult-
ant to prepare a storm water master plan for the expanded" town; and
WHEREAS, this member of the Town Council is required to serve on the
review committee to recommend a consultant to the full Council.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
John W. Tolbert, Jr. , is appointed to serve as the Council represent-
ative on the review committee to recommend a consultant to prepare a
revised storm water master plan for the Town of Leesburg.
86-178 - RESOLUTION - INITIATING A NEW ARTICLE 3B - HISTORIC DISTRICT
REGULATIONS ORDINANCE
WHEREAS, the Leesburg Town Plan calls for the adoption of a revised
zoning ordinance which should include provisions that encourage preserva-
tion of historic sites and structures outside the Old and Historic
District; and
WHEREAS, the Town Plan also calls for clarifying the Board of Archi-
tectural Review powers and review criteria; and
r
WHEREAS, the revision and consolidation of Town Historic District
regulations is necessary to promote public safety and welfare to facili-
tate the creation of a convenient attractive and harmonious community and
to protect property values:
MINUTES OF THE AUGUST 27, 1986 MEETING .3 0.7
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A new Article 3B- HISTORIC DISTRICT REGULATIONS of the
Leesburg Zoning Ordinance which shall be in effect throughout the corporate
limits of the town, is hereby initiated as set out in the draft dated
August 21, 1986.
SECTION II. This amendment upon its adoption shall replace Article
10A of the Leesburg Zoning Ordinance and Section 750 Historic Site
Districts/Historic and Cultural Conservation Districts of the Loudoun
County Zoning Ordinance as administered by the town in the annexation area.
SECTION III. The Planning Commission shall conduct a public hearing
as soon as permitted by law and shall report its recommendation on the
proposed Historic District Ordinance amendment to the Town Council within
60 days of its public hearing.
86-179 - RESOLUTION - INITIATING A NEW ARTICLE 1 - GENERAL REGULATIONS OF
Q) THE LEEESBURG ZONING ORDINANCE
lNnj WHEREAS, the Annexation Area Development Policies require the consoli-
dation of Town and County general regulations for the annexation area; and
WHEREAS, the revision and consolidation of the Town general regula-
Q tions is necessary to promote public safety and welfare, to facilitate the
creation of a convenient, attractive and harmonious community, and to
property values:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows: -
SECTION I. A new Article 1 - General Regulations of the Leesburg
Zoning Ordinance is hereby initiated as set out in the draft regulations
dated August 21, 1986.
SECTION II. The Planning Commission shall conduct, a public hearing as
soon as permitted by law and shall report its recommendations on the
proposed general regulations ordinance amendment to the Town Council within
60 days of its public hearing.
86-180 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED
NEW ARTICLE 9A - LANDSCAPING, SCREENING AND OPEN
SPACE REGULATIONS OF THE LEESBURG ZONING ORDINANCE
AND THE LOUDOUN COUNTY ZONING ORDINANCE AS ADOPTED
AND ADMINISTERED BY-THE-TOWN OF LEESBURG FOR THE
ANNEXATION AREA
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
A Notice of Public Hearing to consider a proposed' new Article 9A -
Landscaping, Screening and Open Space Regulations of the Leesburg Zoning
Ordinance which shall be in effect throughout the corporate limits of the
Town of Leesburg shall be published in the Loudoun Times Mirror on
September 4, 1986 and September 11, 1986 for public hearing on September
24, 1986 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW,
Leesburg, Virginia.
86-181 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED
NEW ARTICLE 2A - OFF-STREET PARKING AND LOADING
REQUIREMENTS
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
308 MINUTES OF THE AUGUST 27, 1986 MEETING
A Notice of Public Hearing to consider a proposed new Article 2A - Off
Street Parking and Loading Requirements to replace Setion 2-7 of the
Leesburg Zoning Ordinance and Sections 525, 526, 527 and 528 of the Loudoun
County Zoning Ordinance as adopted and administered by the Town of Leesburg
in the Annexation Area shall be published in the Loudoun Times Mirror on
September 4, 1986 and September 11, 1986 for public hearing on September
24, 1986 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW,
Leesburg, Virginia.
86-182 - RESOLUTION - AUTHORIZING A PUBLIC HEARING NOTICE FOR SPECIAL
EXCEPTION APPLICATION #86-5 BY VIRGINIA POWER
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
A Notice of Public Hearing to consider special exception application
#86-5 by Virginia Power for a public utility facility in the Planned
Development-Industrial Park (PD-IP) zoning district on approximately 14.5
acres of land located on the east side of Route 643 and bounded by the
lands of Shreve on the north, Santmyer on the east, Richlynn Development,
Inc., and Santmyer on the south, and Route 643 on the west shall be
published in the Loudoun Times Mirror on September 4, 1986 and September
11, 1986, for public hearing on September 24, 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.
Nay: None
86-0-40 - ORDINANCE - AMENDING THE ZONING DISTRICT MAP FOR ZONING MAP
AMENDMENT #ZM-69A - PLAZA VILLAGE CONDOMINIUMS
On a motion by Mr. Bos and seconded by Mr. Pelkey, the following
ordinance was proposed and adopted:
WHEREAS, an amendment to the Zoning District Map to rezone the land of
the Plaza Village Condominiums (#ZM-69A) was initiated and referred to the
Planning Commission by Council on September 11, 1985; and
WHEREAS, the Planning Commission held a public hearing on this proposed
map amendment on November 21, 1985; and
WHEREAS, the Planning Commission on March 6, 1986, recommended that
the Council not approve the rezoning of Plaza Condominiums; and
WHEREAS, the Council held a public hearing on this amendment on May
14, 1986; and
WHEREAS, the adopted Town Plan designates this property as a high
density residential area and states that the B-2 zoning district should be
limited to office and residential uses and that zoning should be in con-
formance with the Town Plan; and
WHEREAS, it is determined that this rezoning is in the best 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 B-2 to R-4 the 1.58659-acre Plaza
Village Condominium property, as illustrated on a plat showing the property
of Edward F. Younger III by Chamberlin Associates dated March 15, 1984.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
Williams
Nay: None
MINUTES OF THE AUGUST 27, 1986 MEETING 309
86-0-41 - ORDINANCE - AMENDING THE ZONING MAP FOR ZONING MAP AMENDMENT
APPLICATION UM-74 - MARTIN H. PORETSKY, TRUSTEE
On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following
ordinance was proposed and adopted with amendments:
WHEREAS, rezoning application #ZM-74 by Martin H. Poretsky, Trustee,
was initiated and referred to the Planning Commission for recommendation on
January 22, 1986; and
WHEREAS, the Planning Commission held a public hearing on this
application on March 6, 1986; and
WHEREAS, the Planning Commission recommended to Council approval of
this rezoning request on April 17, 1986, with condition; and
WHEREAS, the property owners submitted a proffer statement prior to
the Council public hearing proffering certain conditions to be associated
with this rezoning; and
V^ 'J WHEREAS, the Council held a public hearing on this application on June
VN 11, 1986; and
I W
CO
WHEREAS, the property owners subsequently submitted revised proffers
Q dated August 27, 1986 which further restrict the intensity of the proposed
zoning map amendment; and
WHEREAS, this proposed amendment is in conformance with the Town Plan
and is in the best 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 A-3 to PD-IP 23.5 acres of land located
on the north side of Route 7 and bounded by P & K Cassidy et al and T. G.
Crouch on the west, Thomas G. Crouch on the north and east, and Route 7 on
the south, as described on the zoning plan prepared by Kamber Engineering
dated December 1985, as revised August 11, 1986; to include blanket use of
commercial office buildings and a maximum of 20,000 square feet of
ancillary uses as per Section 722.3.2 of the Loudoun County Zoning
Ordinance as administered by the town in the annexation area; and to
include modification of building setbacks in Section 722.6.2 of the County
Zoning Ordinance to 45 feet for buildings and 30 feet for parking, subject
to the following proffered conditions submitted in accordance with Section
15.1-491(a) of the 1950 Code of Virginia, as amended:
(1) Applicant shall dedicate in fee simple (free and clear of liens)
and construct the on site public streets generally as shown on the
submitted Concept Development Plan dated 11 August 1986, (See Exhibit 1
attached) in accordance with the Virginia Department of Highways and
Transportation and Town Standards. Dedication of the right-of-way shall be
sixty (60) feet, as shown on the attached Concept Development Plan Dated
the 11th day of August, 1986, and will occur at time of record plat
subdivision approval of the subject property or at final site plan
approval. Construction of such streets shall occur in phases as the
project is developed.
(2) Notwithstanding the by right and ancillary uses allowed in the
PD-IP zone, pursuant to the Loudoun County Zoning Ordinance, Applicant does
proffer that the subject property will not be used for any of the following
specified uses: Manufacture and processing of photographic equipment,
drugs, medicines, pharmaceuticals and computation equipment.
(3) Applicant will, at site plan approval stage, bond, and will
construct, in conjunction with construction of the first building, accel-
eration and deceleration lanes and a public street entrance on Route 7
pursuant to standards of the Virginia Department of Highways and Trans-
portation and the Town of Leesburg. The form of the bond shall be as
approved by the Town Attorney.
310MINUTES OF THE AUGUST 27, 1986 MEETING
(4) In conjunction"with construction of the first building, the
Developer will construct a buried potable water supply main from the
existing Leesburg water distribution system on California Road (Route 773),
east along California Road, then southward across the Crouch property
across the property of the Contract Owner connecting to the existing
Leesburg supply main on the south side of Route 7.
(5) At time of site plan approval for the first building on the
property, Applicant will bond with the Town for the construction of a , .
sewerage disposal gravity system to service this entire property. The bond
shall be for a period of five (5) years, (or one (1) year renewal bonds),
or as otherwise may be agreed between the Town and Applicant. In the event
construction of the gravity sewerage system is impeded or delayed due to
the non-availability of offsite easements, the Town agrees not to call the
bond set forth above and will extend the time of performance thereunder for
a reasonable period of time to allow any problems relative to such
easements to be resolved. It is the intention of the parties that this
bonding arrangment will assure the Town that a gravity sewerage system will
be developed to serve the property notwithstanding the ,interim sewerage
arrangements set forth more fully in this paragraph. For the initial
buildings to be constructed on the subject property (up to an aggregate not
to exceed 120,000 square feet), the developer may construct and use an
interim sewerage pumping station and connect to the existing forcemain
constructed by the developer of the Carradoc Hall Motel. Utilization of
the above interim sewerage arrangement will be subject to reasonable
approval by the town Director of Engineering based on sound engineering,
practices. Prior to receipt of occupancy permits for any aggregate
building square footage,in excess of_ 120,000 square feet,, the developer
will have operational a gravity sewer, which will replace the interim
sewerage pumping station. The gravity sewer will run southward, cross under
Route 7 and connect directly to the Town of Leesburg Wastewater Treatment
Facilities.
(6) Development of the property shall be in conformity with the 111Concept Plan dated 11 August 1986 submitted herewith, which shall control
the general layout and generalconfiguration of the property with allowance
to be made for engineering and design alteration at time of actual
subdivision and/or site plan approvals.
(7) The Applicant Contract Owner agrees to contribute up to the
aggregate sum of ONE HUNDRED SIXTY-SEVEN THOUSAND NINE HUNDRED DOLLARS
($167,900.00) based on the projected total square footage of the overall
project, and"set forth in the application materials, under the terms and
conditions stated hereinafter as its pro-rata share toward the construction
of off site improvements along Route 7 in relation to a future parallel
collector road north of Route 7, a connector from the "subject property to
the collector road, a. future Route 654/Route 7 interchange, or other ,off
site road improvements directly benefiting the subject property. The
Applicant's .donation shall be in the form of cash contributions equalling
FORTY-SIX CENTS ($0.46) per square foot of buildings actually developed on
the subject property, which funds shall be paid into an escrow account
established by the Town of Leesburg for the specific,purpose of financing
construction of such improvements.. The Applicant, or successor in, interest
to the Applicant, as the case may be, shall make said payments to the
Town of Leesburg at the time of receipt of zoning and building permits for
construction of individual buildings on the property.
The above contribution of FORTY-SIX CENTS ($0.46) per square foot may
increase or decrease based on the ENR (Engineering News Record) Cost Index
using the month and year of zoning approval as the base index and to be
determined by the change between such base and the ENR Cost Index_existing
at the time of issuance of zoning permits for,construction of individual
buildings on the subject property. The change reflected by the change of
Index may be an increase or a decrease, but in no event shall the increase
be greater than TWENTY-FIVE PERCENT (25%) of the base per square foot
figure.
MINUTES OF THE AUGUST 27, 1986 MEETING 31:1
(8) Applicant agrees to dedicate, without compensation, its limited
access rights on Rout& 7 unto VDH&T at such time as is needed for VDH&T to
implement the limited access program of the Route 7 Corridor Access Study -
as ultimately adopted, including the reasonable effort to acquire by
purchase or otherwise, limited access rights to all other access points for
all other properties along Route 7 from the eastern line of the Town on
Route 7 to the Route 15 By-pass. Notwithstanding the dedication of such
access rights, Applicant will continue to retain and exercise its legal and
' physical direct connection to Route 7 until physical construction and
implementation of the improvements set forth in Paragraph 9 below.
(9) Applicant's property is currently located and fronting on the
north side of Route 7 and its access is obtained by direct connection to
Route 7 and an existing median break opposite the entrance to the property.
Town and Applicant wish to assure that sufficient public access be provided
at all times to the property. However, Town does desire that, at some
point in the future, as hereinafter more fully defined, that Applicant will
relinquish their right to oppose and/or seek compensation for any closure
T of its direct connection to Route 7. To this end, Applicant hereby agrees
1 VJ that upon the occurrence of the condition below, the Applicant will there-
; /11 after will not oppose closure of its direct connection to Route 7 and will
l V^ ' further not seek compensation for any such closure that may occur:
J
l VCONDITION: The adoption by the Town, of the Route 7 Corridor Access
W Study and the implementation of such Plan including, without limitation,
Q the construction and substantial completion of the several components of
such Plan including, the construction of a grade separated interchange at
the relocated Route 654 and Route 7, a connection to that interchange by
the north extension of Route 654 north of Route 7, and a public collector
road system providing direct public access to the subject property as
generally illustrated on Exhibit 2 attached.
The compliance of Applicant with the provisions of this Paragraph 9 is
I
hereby conditioned upon the Town not seeking closure of the direct
connection to Route 7 of the subject property until the occurrence of the
conditions set forth in this Paragraph 9.
(10) Not later than the time of site plan approval for the first
I building to be placed on the property, Applicant will submit to the Town
for review and approval, Protective Covenants, (which will be- recorded in
the land records), which will include provisions covering, but not
necessarily limited to, the following items:
(a) General architectural treatment of building facades.
(b) Uniform Signage.
(c) Landscaping standards and maintenance. -
(11)(a) The architectural design for each building should contain
adequate fenestration and high quality exterior building materials to
convey a campus style office park environment. The office park shall have
a quality of design consistent with the building illustrated in the
attached rendering (see Exhibit 3) which represent general architectural
style and quality of materials to be used.
(b) Consistent with (ll)(a) above, no premanufactured metal
buildings will be permitted. -
(c) Architectural elevations of the building shall be submitted
to the Town at the time application is made for zoning permit approval. No
zoning permit shall be issued for any building on the property until the
Land Development Official (LDO) has certified that the drawings submitted
to the LDO are in compliance with (11)(a) and (b) above. The LDO shall
respond in writing to the party submitting such plans in writing- within
three (3) working days, with respect to said certification. In the event
such official does not certify compliance of such plans, by letter, then
the specific reasons for refusing to certify compliance shall be set forth
in- the correspondence in sufficient detail as to provide the. submittor with
guidance as to how to modify such plans to obtain approval. The submittor
will review the comments of the land development official and shall
resubmit such drawing. The land development official shall respond to
312 MINUTES OF THE AUGUST 27, 1986 MEETING
submittor within three (3) working days to the resubmission. In the event
the resubmission is denied, then the submittor shall select an architect,
the Town shall select an architect, and the two architects so selected-
shall select a third architect; such selections to occur within ten (10)
days after submittor requests such review. The three architects shall
review the submission, as revised, pursuant to the standards set forth in
Paragraph 11 (a) and (b), and shall render a decision in writing to the
submittor and the Town within twenty-one (21) days of submittor's request
for review. Such determination of approval or denial shall be binding on
the submittor and the Town unless they shall otherwise agree. Costs for
such architectural services shall be borne equally by the submittor and the
Town. In the event of a denial, the submittor shall have the right to make
additional submissions and the procedure for such additional submissions
shall be the same as outlined above.
SECTION II. This ordinance shall be in effect upon its passage.
Mr. Curry had reservations about passing this without really having a
chance to go over it thoroughly. Mr. Minor explained that Proffers 8 and 9
mean that when the town adopts the limited access program and VDH&T decides
to implement it and install the grade-separated interchange, the applicant •
would dedicate to VDH&T those rights without compensation. This is
conditioned on VDH&T attempting to acquire all the access rights on East
Market Street to the new east corporate limits. They would no longer have
physical rights to the present at-grade intersection - this would not be
closed until the new at-grade intersection is actually constructed and
basically complete. Mr. Pelkey felt the proffers are as good as they are
going to get. Mr. Bos supports this, but reluctantly - basically' it
furthers the goals of the Town Plan and the applicant obviously has tried
very hard to comply with Council's wishes on the road; etc. However,
it will be marred by having several acres taken out of the corner of it; we
will lose a nice old farmhouse that is 100 to 200 years old. Not much time
has been spent on architectural controls - the Town has no goals other than
historic district ones. The proffers are very weak and most aie not
enforceable.
Vice-Mayor Williams complimented the applicant on working closely with
the staff and Council on this application. This is the kind of rezoning
where the town, the applicant and the citizens of the town will benefit
from hard negotiation. He believes they have found the mechanism to have a
safe transportation system adjacent to the property and that has been put
in place for architectural review, which sets the tone for that. They
recognize certain things have to be changed in order to accomplish a
project such as this. He wished other developers would take a"close look
at this - it is a reflection on how the community can work together to make
this decision.
The ordinance was unanimously adopted:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-
Mayor Williams
Nay: None
86-183 - RESOLUTION - GRANTING A REQUEST FOR WITHDRAWAL OF REZONING
APPLICATION iZM-59 BY COUNSEL FOR WASHINGTON-VIRGINIA
TRADITIONAL DEVELOPMENT SITES, INC.
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS, by letter dated August 21, 1986, Charles A. Ottinger, counsel
for Washington-Virginia Traditional Development Sites, Inc. has requested
that Rezoning Application #ZM-59 be withdrawn without prejudice and that
the limitation for refiling a rezoning•application shall not apply:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
MINUTES OF THE AUGUST 27, 1986 MEETING 3 1 3
SECTION I. Withdrawal of Rezoning Application #ZM-59 by Charles A.
Ottinger, counsel for Washington-Virginia Traditional Development Sites,
Inc., without prejudice pursuant to Paragraph 11-7 of the Leesburg Zoning
Ordinance is granted.
SECTION II. The time limitation provided in Paragraph 11-7 of the
Leesburg Zoning Ordinance which prohibits new petitions for withdrawn
petitions to be submitted within 12 months of the date withdrawal of the
rezoning application is approved shall not apply to property which was the
subject of #ZM-59.
Mr. Minor explained that the development team has changed within this
corporation so they will have to start all over again. They are asking for
withdrawal without prejudice and for no limitation of one year in which
they can resubmit. This is the action they hoped the applicant would take.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-
T/ Mayor Williams
V
Nay: None
N
On motion of Mr. Kelley, seconded by Mr. Tolbert, Council voted
UJ unanimously to go into executive session to discuss potential appointments
CO to the Airport Commission and the .Planning Commission pursuant to Section
Q 2.1-344(a) (1) of the 1950 Code of Virginia, as amended, and Section 2.1-344
(a) (6) of that code concerning litigation.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-
Mayor Williams
Nay: None
Council reconvened at 10:02 p.m. with no action taken in executive
session.
86-184 - RESOLUTION - AUTHORIZING AN AGREEMENT AMONG THE TOWN OF LEESBURG,
LOUDOUN COUNTY BOARD OF SUPERVISORS, LOUDOUN COUNTY
SANITATION AUTHORITY AND XEROX REALTY CORPORATION
On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following
resolution was proposed and unanimously adopted:
WHEREAS, a dispute arose between the Town of Leesburg and County of
Loudoun concerning the November 15, 1982 Annexation Agreement with respect
to the Xerox Realty Corporation rezoning approved by the county December
16, 1985, the Leesburg Area Management Plan amendments approved September
16, 1985, and the timing and source of utility services to the planned
Potomac Park development; and
WHEREAS, the Leesburg Town Council by Resolution No. 86-101 dated
May 28, 1986, and the Loudoun County Board of Supervisors by approved
' motion on May 22, 1986, agreed to a settlement of the litigation arising
out of the dispute hereinabove described; and
WHEREAS, the town and the county expressly recognized in their nego-
tiations and settlement that Xerox Realty Corporation ("Xerox") and Loudoun
County Sanitation Authority ("the Authority") would have to agree to the
terms of the settlement; and
WHEREAS, counsel for the town transmitted t0 the county attorney on
June 23, 1986, a proposed settlement agreement for execution by the
requisite parties, including Xerox and the Authority; and
WHEREAS, the proposed agreement was modified to incorporate certain
changes suggested by the county attorney by letter dated July 31, 1986; and
transmitted to Council by memorandum, dated August 15, 1986; and
314 MINUTES OF THE AUGUST 27, 1986 MEETING
WHEREAS, the Authority has indicated reluctance to becoming a party to
the proposed settlement agreement, but has stated by letter dated July 14,
1986, that it "interposes no objection to the settlement and . . certainly
does not wish in any way to interfere with the settlment process."; and
WHEREAS, the,delay in executing the proposed settlement agreement will
result in the expenditure of public funds to prepare the appeal to the
Supreme Court of Virginia by the September 8, 1986 deadline; and
WHEREAS, this Council wishes to honor the settlement authorized by the
Town Council and Board of Supervisors through execution of the four party
agreement:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
. The Mayor is authorized and directed to execute ,(1) the settlement
agreement memorializing the terms of settlement authorized by Council
Resolution 86-101 in the form as transmitted to the Council by memorandum
dated August 15, 1986, or (2) an amended settlement agreement deleting the
Authority as a party thereto so long as the Authority approves by duly
authorized resolution the settlement agreement entered into by the, town,
the county and Xerox.
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 meeting was
adjourned.
Mayor
'' �1/ . .
Clerk of Cd ncil