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,
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�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