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HomeMy Public PortalAbout1986_09_24 329 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 24, 1986 • A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on September 24, 1986 at 7:30 p.m. The meeting was called to order by the Mayor with the invocation given by Mr. Tolbert,-followed by the Salute to the Flag also led by Mr. Tolbert. Present were Mayor Robert E. Sevila, Councilmembers - ' Charles Bos, Brian Kelley, Jerry Pelkey, John Tolbert, Jr., and Charles Williams. Councilmember Arl Curry was absent. Staff members present were Town Manager, Jeffrey Minor; Director of Planning, Zoning and Development, Martha Mason-Semmes; Director of Eng4-eering and Public Works, Tom Mason; Planner, Tom Poupard and Town Attorney, George Martin. At this time the Mayor recognized Robert Sturgill and Charles Reavis who were instrumental in the 50th anniversary celebration of the Air Traffic Control Center. Mr. Reavis thanked the Mayor, Council and town staff for their support in making this celebration a success. He presented a golf trophy to the town for their participation in the golf tournament that was held as part of the weekend celebration. T On a motion by Mr. Tolbert and seconded by Mr. Williams, it was recom- mended that the minutes of the February 26, 1986 and March 12, 1986 (.J meetings be approved as submitted. N W Aye: Councilmembers Bos, Kelley, Pelkey, Tolbert, Williams and Mayor CO Sevila Q Nay: None PETITIONERS The following Resolution of Respect was read into the record by Mayor Sevila: RESOLUTION OF RESPECT WHEREAS, Charles Stephen Monroe, former educator and well-known resident of Loudoun County, died in Loudoun Memorial Hospital on September 15, 1986; and WHEREAS, Mr. Monroe was teaching and supervising principal of Leesburg Elementary School for thirty years, retiring in 1962; and WHEREAS, Mr. Monroe contributed of his time and energy in many church and civic activities inLeesburgand Loudoun County; and WHEREAS, Mr. Monroe placed the seed for the Monroe Vocational and Technical Center in Leesburg, which is named in his honor; and WHEREAS, Mr. Monroe served as a charter member of the Northern Virginia Technical College Board and spearheaded the drive to build the Loudoun Campus of the Northern Virginia Community College: 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 FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this meeting and that a copy be sent to his daughter and family. PUBLIC -HEARING ON PROPOSED AMENDMENTS TO LEESBURG ZONING ORDINANCE AND LOUDOUN'COUNTY ZONING ORDINANCE REGARDING 'LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS; PROPOSED AMENDMENTS TO THESE ORDINANCES REGARDING PARKING,AND-LOADING-REQUIREMENTS Martha Mason-Semmes gave the staff report on the landscaping, screen- ing and open space regulations as follows: The purpose of these revisions is to assure that proper landscaping, screening and open space standards are set- within the town. This includes parking lots, streets, buffer yards and screening and regulations for common open space. 330 MINUTES OF THE SEPTEMBER 24, 1986 MEETING Tom Poupard reported that the parking and loading requirements were drafted along with the landscaping, screening and open space requirements since they are so closely related. Some of the parking requirements were reduced in hopes that more landscaping can be accommodated. Some items addressed were percentage of compact parking spaces that should be required and also whether the historic district parking fee should be continued. Since there were no comments from the public, the public hearing on these two revisions to the Zoning Ordinance was closed at this point and referred to council level for recommendation. On a motion by Mr. Bos and seconded by Mr. Williams, it was recommended that these revisions be referred to the Finance and Administration Committee meeting of September 30, 1986 for further consideration. Aye: Councilmembers Bos, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None PUBLIC HEARING ON SPECIAL EXCEPTION APPLICATION BY VIRGINIA POWER Martha Mason-Semmes reported that this special exception is to permit the location of a public utility facility in the PD-IP district. Concerns about outdoor storage and its screening, along with a proposed microwave tower on the site are at issue. Also included in this evening's packet is a proffer amendment request which would affect the layout of this facility in regard to the access road. Roy Harrison project engineer for Virgina Power, explained what the company has in mind for this site. He showed some photographs which featured some layouts for the facility. The major reason for the relocation of this facility is the fact that the current facility is very cramped and Virginia Power feels that the site near the airport is not only a much larger site, but a safer site for the purposes it will serve. Carroll Neblit, director of telecommunications engineering, reported on the plans for the microwave tower on the site. Present plans are to install a 120 foot concrete pole on the site. There is a possibility that this pole will be scaled down to 100-feet. Mr. Williams asked if it was essential that the pole be at this site. Mr. Neblit responded that some sort of pole must be at the site. Mr. Tolbert asked whether the pole would cause interference with home appliances in the area residences. Mr. Neblit responded that it would not. Tom Malls, a representative for the purchaser of the Santmyer property, endorsed Virginia Power as a neighbor. The purchaser has some concerns about access from his tract- to Route 643. He called upon Keith Palmatier 'to point out on a site map the access routes that are being proposed. Mr. Minor mentioned that there is a resolution-on the agenda that will set October 22- as a joint public hearing on these sites: Martha Semmes explained the proffers regarding the access roads in relation to the two sites. Jack Anderson a representative of Richlynn Development Corporation, a neighboring landowner, mentioned their proffers for access roads and median cuts. He had some concern that the access points that were approved for the Richlynn tract may be rescinded because of the new access points on the proposed developments. Some of them will simply be too close and need to be restructured. He suggested that all the developers look at the access points carefully and make sure they are within the safety guidelines for the area transportation plan. Since there were no further public comments, the public hearing was closed at this point and referred to Council level for consideration. MINUTES OF THE SEPTEMBER 24, 1986 MEETING 3 3 1. Mr. Kelley commented that a concern about the Route 643 road funding was brought to his attention. Are we desirous of being the terminus point for the Dulles toll road extension? Initial stages of construction could begin as soon as next year. Council must address this issue with the Highway Department to assure that their desires are incorporated into the future transportation plans. On a motion by Mr. Kelley and seconded by Mr. Williams,it was recommended that the matter of the special exception be referred to the next Finance and Administration Committee meeting for reconsideration. Aye: Councilmembers Bos, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None At this point there was a five minute recess. CD The Mayor reconvened the meeting at approximately 8:42 p.m. V`VJ COUNCILMEMBER COMMENTS N Mr. Bos reported that the Board of Architectural Review meeting activities are described in the manager's report. He also commented on the CO Virginia Municipal League conference. One important point he said that was Q stressed at the conference is the careful planning of future facilities, and our Council is presently doing this. The fact that the town has reeived several awards, the most recent being for Market Station, is an example of the careful planning that is being undertaken. Mr. Williams further embellished on the Virginia Municipal League conference. He also commented on the fine rehabilitation efforts in Norfolk which was the host city of the conference. The award for Market Station was one of only eight awards given for the entire state of Virginia. The receipt of this award goes to show that you need not be a large city to recognize that an area needs rehabilitation and to undertake the project in a well thought out manner can reap its benefits. Mr. Kelley reminded everyone that the Trade Fair is being held this weekend and that the town will again have its booth. Mr. Tolbert also attended the Virginia Municipal League conference and stated that he thoroughly enjoyed this year's conference. He felt the speakers were excellent and addressed very important points. Mayor Sevila further commented on the conference and expressed regret that he was called back to Leesburg early to attend to some business. He e also was very proud of the award that was presented to Leesburg for their community development efforts at Market Station. Mr. Minor and Mr. Sevila met with several members of the National Leadership Conference who were compiling a report on the lifestyle of Leesburg. Further, the town received approximately $34,000 from the endowment for the arts for the parking garage design. MANAGER'S REPORT A $1.3 million grant for the airport runway extension was awarded to the town. The recent bids are below the engineer's estimate. Goals and objectives statements for 1987 were given to Council this past week. This is an expansion of the budget statement and capital improvement project material. The National Endowment for the Arts grant is focussed on the new municipal government center/parking garage. This grant will fund the design competition of this project. 332 MINUTES OF THE SEPTEMBER 24, 1986 MEETING LEGISLATION 86-202 - RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE AND THE.LOUDOUN COUNTY ZONING ORDINANCE REGARDING COMMERCIAL ZONING DISTRICTS I On a motion by Mr. Williams and seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: WHEREAS, the objectives of the adopted Town Plan include revision of the town's commercial zoning districts; and WHEREAS, it is necessary to consolidate the commercial ,zoning districts of the Leesburg Zoning Ordinance and the Loudoun County Zoning Ordinance as adopted and administered by the Town of Leesburg: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: - SECTION I. A comprehensive amendment of Articles 4-C, 5 and 6 of the Leesburg Zoning Ordinance and portions of Article 4 and Section 710 of the Loudoun County Zoning Ordinance as adopted and administered by the town is hereby inititated, as set out in the "Draft Commercial Zoning Districts" dated September 19, 1986. SECTION II. This amendment upon its adoption shall replace Article 4-C, 5 and 6 of the Leesburg Zoning Ordinance and parts of Article 4 and Section 710 of the Loudoun County Zoning Ordinance as adopted and administered by the town. SECTION III. The Planning Commission shall conduct a public hearing as soon as permitted by law and shall report its recommendations on the proposed amendment to the Town Council within 60 days of. its public hearing. Aye: Councilmembers Bos, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-203 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF VIRGINIA POWER FOR REVISION OF PROFFERS PERTAINING TO ZM-64 TO THE PLANNING COMMISSION AND SETTING A JOINT PUBLIC HEARING UNDER CHAPTER 1_1 TITLE 15.1 OF ,THE 1950 CODE OF VIRGINIA, AS AMENDED On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, an application has been received from Virginia Power, contract purchaser of the Nelson tract, to amend two proffers pertaining to ZM-64 as follows: 5. Direct access to Sycolin Road from this property shall be limited to a single entrance. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The application of Virginia Power, #ZM-81, for amendment of proffers pertaining to #ZM-64 is received, and a public hearing on this application is hereby scheduled for 7:30 p.m. on October 22, 1986, in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia. Pursuant to Section 15.1-431 of the Code of Virginia, as amended, this hearing shall be a joint public hearing of both the Planning Commission and Council. The clerk shall give notice of this hearing in the Loudoun Times Mirror on October 2, 1986 and October 9, 1986, and advise the Planning Commission of the purpose, time and date of the hearing. MINUTES OF THE SEPTEMBER 24, 1986 MEETING '3 3 3 SECTION II. This application is hereby referred to the Planning Commission, which shall report its recommendation to the Council on the proposed proffer amendments within 30 days of the joint public hearing. Aye: Councilmembers Bos, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None i 86-204 _ RESOLUTION _ ENDORSING STAFF COMMENTS ON LOUDOUN COUNTY REZONING APPLICATION #ZMAP 86-28, NESTOR INDUSTRIAL TRACT On a motion by Mr. Williams and seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, Loudoun County Rezoning Application #ZMAP 86-28, Nestor Industrial Tract, was referred to the town for comment on August 18, 1986, //' �Tpursuant to the 1982 Town/County Annexation Agreement; and 0) WHEREAS, this application proposes to rezone approximately 355 acres RI from County A-3 to PD-CH, PD-IP and PD-GI within the Greater Leesburg Area; Nand W CO WHEREAS, the staff has prepared a memorandum commenting on this Q rezoning: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Council hereby endorses the staff comments regarding #ZMAP 86-28 as contained in a memorandum to Packie E. Crown, Planner III, County of Loudoun, dated September 19, 1986. I SECTION II. The Town Manager is directed to transmit this resolution and the staff comments to the County Planning Department. The staff comments were summarized by Martha Mason Semmes and dealt primarily with utility provision, impact on the transportation system and basically the recommendation that this did not conform to policies established in the AADP's and rezoning of the land would be premature at this time. Aye: Councilmembers Bos, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-205 - RESOLUTION - APPROVING THE FINAL PLAT FOR PHASE I SECTION 2 FOXRIDGE SUBDIVISION On a motion by Mr. Bos and seconded by Mr. Williams, the following resolution was proposed and adopted with amendments: WHEREAS, Section 13-59(e) of the Subdivision and Land Development Regulations requires Town Council approval of cluster subdivisions; and ' WHEREAS, the concept of this cluster subdivision was approved by agreement between the Town of Leesburg and the Developer in August, 1981; and WHEREAS, Phase I, Section 2 is in substantial conformity with that agreement. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The final plat of Phase I, Section 2, Foxridge Subdivision prepared by Dewberry E. Davis and dated July, 1986, is approved contingent on approval of the construction drawings by the Director of Engineering and any minor modifications to the plat required as a result of construction drawing review. 334 MINUTES OF THE SEPTEMBER 24, 1986 MEETING Aye: Councilmembers Bos, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None The resolution authorizing demolition of the Carrvale wall subject to easements and construction of a fence and landscape project for the north side of Edwards Ferry Road was referred back to the Utility and Public Works Committee meeting in October. NEW BUSINESS 86-206 - RESOLUTION - AUTHORIZING EXECUTION OF AN EASEMENT OF RIGHT OF WAY AGREEMENT WITH VIRGINIA POWER COMPANY FOR INSTALLATION OF ELECTRICAL SERVICE TO THE LEESBURG WATER POLLUTION CONTROL FACILITY On a motion by Mr. Bos and seconded by Mr. Kelley, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized to execute a 15-foot wide easement of right- of-way agreement with Virginia Power Company which is necessary to provide • electrical service to the Leesburg Water Pollution Control Facility. Aye: Councilmembers Bos, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None 86-207 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR PHASE I. SECTION 2 FOXRIDGE SUBDIVISION On a motion by Mr. Kelley and seconded by Mr. Williams the following resolution was proposed and unanimously 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 Pulte Home Corporation of McLean, Virginia, for installation of public improvements shown on the plans approved by the Director of Engineering for Phase I, Section 2 of Foxridge Subdivision. SECTION II. The extension of municipal water and sewer works for Phase I, Section 2 of Foxridge Subdivision 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 First American Bank of Virginia in the amount of $985,852 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering for Phase I, Section 2 of Foxridge Subdivision. Aye: Councilmembers Bos, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None On a motion of Mr. Williams and seconded by Mr. Bos, Council voted to go into executive session to discuss matters pertaining to personnel as related to commission appointments and acquisition of real property and legal matters. Section 2.1-344(1) and Section 2.1-344(2) of the 1950 Code of Virginia, as amended, permits the Council to discuss such matters in executive session. MINUTES OF THE SEPTEMBER 24, 1986 MEETING 335,' The following staff are requested to participate in the meeting, Town Manager, Jeffrey Minor, Director of Engineering and Public Works, Tom Mason, Director of Planning, Zoning and Development, Martha Mason-Semmes, and Town Attorney, George Martin. Aye: Councilmembers Bos, Kelley, Pelkey, Tolbert, Williams and Mayor Sevila Nay: None The meeting was reconvened with no action taken in the executive session. The Mayor asked that Vice-Mayor Williams preside over the discussion of the following resolution. 86-208 - RESOLUTION - AUTHORIZING AN OFFER TO WILLIAM S. ALBERTS AND HELEN A ALBERTS FOR A STORM DRAINAGE EASEMENT AND AUTHORIZING CONDEMNATION PROCEEDINGS 0)TT A I On a motion by Mr. Kelley and seconded by Mr. Tolbert the following l V^ ' resolution was proposed and adopted: \W WHEREAS, the lands immediately adjacent to Tuscarora Creek in the W southeast section of the Town of Leesburg have long been subject to Q drainage deficiencies and occasional flooding by Tuscarora Creek; and WHEREAS, the Town of Leesburg has taken numerous steps to alleviate the problems over the years including the rechannelization of portions of Tuscarora Creek and the acquisition of storm drainage easements; and WHEREAS, the public roads to be constructed in the Leesburg Gateway Development owned by J. Lynn Cornwell, Jr., Trustee and A. C. Echols, Trustee, are vital links to the Leesburg transportation system, and will increase the stormwater onto Sycolin Road; and WHEREAS, this portion of Sycolin Road is currently served by drainage easements across the property of William S. Alberts and Helen A. Alberts acquired by the Commonwealth of Virginia by condemnation on July 9, 1968, which drainage easements are recorded in Deed Book 488, page 685, and which easements allow storm drainage to discharge onto the Alberts' property which has since been zoned F-1 because the property lies entirely within the 1982 Federal Emergency Management Agency's 100-year floodplains; and WHEREAS, the Town of Leesburg has determined it is necessary to expand the aforementioned drainage easement in accordance with the engineering plans of Bengtson, DeBell, Elkin & Titus dated September 3, 1985, to reduce the flood hazard of lands adjacent to Tuscarora Creek and Sycolin Road and by extending the existing storm drainage easements to channel the anticipated runoff of stormwater through the property of William S. Alberts and Helen A. Alberts to the Tuscarora Creek basin; and WHEREAS, an appraisal of the easements has been made dated August 14, 1986 estimating the value to be $4,183.75; and WHEREAS, J. Lynn Cornwell, Trustee and A. C. Echols, Jr. Trustee have agreed to pay all costs related to acquisition of the aforesaid easements and construction thereon and will post a $25,000 performance guarantee with the town acceptable to the Town Attorney to guarantee payment of such costs related to acquisition; and I I/ WHEREAS, due to the ongoing construction of Davis Avenue to connect the aforesaid road to Sycolin Road an essential convenience necessity and 1 emergency exists requiring entry upon the land of William S. Alberts and Helen A. Alberts for the construction of the aforesaid channels to Tuscarora Creek within the proposed easements prior to the judication of value pursuant to Section 25-46.8 of the 1950 Code of Virginia, as amended: 336 MINUTES OF THE SEPTEMBER 24, 1986 MEETING THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: William S. Alberts and Helen A. Alberts are hereby offered the sum of $4,183.75 cash for the acquisition of two channel improvement easements described on the plat prepared by Bengtson, DeBell, Elkin & Titus dated September 15, 1985 on condition that title to the land in effect is free and clear of defects, liens and conditions that would inhibit the use of the area for the purpose intended. The easements will be conveyed according to the plat and description described above by good and proper deed. A copy thereof is attached with the usual warranties and title within 30 days after written acceptance of this offer with the right of entry commencing at the time of acceptance. The grantors tax shall be paid by Mr. and Mrs. Alberts. SECTION II. In the event this offer is not accepted in writing within 30 days from receipt, and upon proper posting of the reimbursement guarantee hereinabove referred to, the Council hereby declares that an essential public necessity exists under Section 15.1-283 of the 1950 Code of Virginia, as amended for the acqusition of the easement by condemnation of the right of early entry pursuant to Section 25-46.8 of the 1950 Code of Virginia, as amended, and does hereby authorize the Town Attorney to file a requisite petition of condemnation of early entry. Giving notice thereof is required by law on behalf of the Town of Leeburg. SECTION III. J. Lynn Cornwell, Jr. Trustee and A. C. Echols, Jr., Trustee shall be required to reimburse the town for all legal expenses related to the condemnation authorized herein including any award for damages in value of the easements. After further discussion and clarification of the amount set for the performance guarantee, the vote on this resolution was as follows: Aye; Councilmembers Bos, Kelley, Pelkey, Tolbert, and Vice Mayor Williams Nay: None Abstain: Mayor Sevila It was duly moved and seconded that the meeting be adjourned. Mayor 71 Clerk of Cyuncil