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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