HomeMy Public PortalAbout1987_05_13 55
MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 13, 1987
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia, on May 13, 1987 at
7:30 p.m. The meeting was called to order by Mayor Robert'E. Sevila with
the invocation given by Councilman John Tolbert, Jr. followed by the Salute
to the Flag led by Martha Mason-Semmes. Present were Councilmembers Arl
Curry, Brian Kelley, Hunter Leach, John Tolbert, Jr., and Charles Williams.
Councilmember Jerry Pelkey was absent. Staff members present were Town
Manager, Jeffrey Minor, Director of Engineering and Public Works, Tom Mason,
Director of Planning, Zoning and Development, Martha Mason-Semmes and Deputy
Town Attorney, Deborah Welsh.
On a motion by Charles Williams and seconded by John Tolbert, Jr., it
was recommended that the minutes- of the March 25, 1987 regular meeting be
approved as submitted.
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
PETITIONERS
Hubbard Turner, a resident of 1107 Bradfield Drive, SW, Leesburg,
requested that Council present a plan for the connection of Bradfield
Drive to the Hoffman Tract to the residents of Country Club. Mr. Turner
submitted a letter to Council stating that the residents of Bradfield Drive
wish to be given an opportunity to address Council in advance of the dead-
line for Planning Commission approval/rejection of this application. The
Mayor asked what the time deadline was. Mr. Minor responded there is a 60-
day deadline on the engineering comments. Mr. Curry said he felt there was
about a month left before this application is considered. The Mayor
suggested that this request be referred to the appropriate committee for
consideration.
On a motion by .Mr. Williams and seconded by Mr. Kelley, it was
recommended that this request be referred to the Finance and Administration
Committee meeting of next Tuesday.
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor
Sevila
Nay: None
Glenn Forrester, of 916 Marshall Drive, addressed Council on the last
Finance and Administration Committee meeting where he felt the public was
stonewalled against speaking by the head of the Committee. Mr. Forrester
stated that several other petitioners were allowed to speak but those
persons wishing to address the Marshall Drive extension issue were not. He
stated that in the past members of the public have always been allowed to
speak, even with little prior notice. A continuing traffic study on this
issue is a waste of time since not only the residents of this area, but
many others,oppose this extension. Mr. Forrester went on to say that
campaign promises are being broken with this proposed extension. The
system for the public to be heard should also be improved so that they are
not stonewalled.
Mildred Herbaugh, a resident of Marshall Drive, asked the Council to
consider that the proposed extension to the new development be carefully
reviewed in the sense that the residents of this new development will
basically be single, career-oriented individuals with no perspective on
travelling through children-laden, family-oriented neighborhoods. There
are 19 children involved in nine houses at the end of Marshall Drive and
these children do play in the street. This will create an uncontrollable
hazard.
Christine Forrester of 916 Marshall Drive, stated that the many
promises over the years on this extension have fallen by the wayside. She
stated that, after having spoken with town staff and councilmembers,she
still has not gotten a clear cut reason on why this extension is necessary
for the town. Traffic and transportation experts also have said they do
not understand why traffic should be increased through this extension.
Pulte has taken steps to assure that fire and rescue can reach this new
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MINUTES OF THE MAY 13, 1987 MEETING
development from all angles without the Marshall Drive extension. The
walkway to the school has been considered and laid out in a safe manner.
No one seems to want to support this extension, yet the Council has a
resolution on the agenda this evening stating that this connection will be
made if it is determined "essential". She went on to quote the meaning of
essential from Webster's Dictionary. It is still impossible to find those
officials who feel that this connection is essential and Ms. Forrester went
on to request that the Council represent the residents of the tow`n in this
vote and oppose this extension.
Andy Walker a resident of 304 Appletree Drive, wants to goonrecord
as opposing this connection. He chose to live in this area because of the
way that it is laid out and the fact that Marshall Drive does not connect.
Secondarily, he feels that the monies that it will cost to build this exten-
sion could be better used to build an elementary school that will hold the
population that the new development proposes to bring into the area.
Alicia Wilson, resident of 914 Marshall Drive, read a statement from
George Santulli, another Marshall Drive resident, who was unable to attend
this evening's meeting. "To the Leesburg Town Council. My name is George
A. Santulli and I reside at 912 Marshall Drive, NE, in the Carrvale Sub-
division of Leesburg. I couldn't attend the meeting tonight but I wish to
submit this statement on my behalf. Please enter me onto the record as
being very much opposed to the opening of the eastern end of Marshall
Drive, NE as it is now proposed by Mr. Arl Curry of the Town Council. As a
citizen of Leesburg, and more importantly, a resident on 'Marshall Drive, I
object strongly to Mr. Curry's desire to permit this street to be extended
where no one _seems to want it. Certainly the Marshall Drive residents do
not want it, the developer of the proposed condominium, Pulte Corporation,
doesn't wish this, nor does it need it for the success of their project. The
only one person who seems to want it is Mr. Curry. I have tried unsuccess-
fully on a number of occasions to contact Mr. Curry at home to discuss my
feelings on this matter. On not one occasion has Mr. Curry ever returned
my phone calls. I understand from some of my neighbors that this is their
experience also. Does Mr. Curry not know that he is our elected official?
Our representative and should make every effort to know how we as
interested citizens feel on certain issues? I don't feel that we are being
represented by Mr. Curry on this matter. The only thing that is clear is
that Mr. Curry is the only one who wants this extension of Marshall Drive.
Cut away all the rhetoric about fire safety and the like, it has been
suggested that Cherry Lane have some sort of semi-permanent gate that would
be opened in case of an emergency at Heritage Way. What stands out in this
whole issue is simple. We were promised by elected officials during the
last campaign that Marshall Drive_ would not be pushed through - plain and
simple. It was a campaign cry of at least three of you present
councilmembers that the proffer would stand up. We trusted your judgment
then, don't let us regret that now. Reduced to simple terms, the residents
of Carrvale do not want this street opened. The Pulte Corporation doesn't
want it open. Only Mr. Curry wants it open. Be fair to us residents, don't
make us sorry to have placed our trust in you not only as our represent-
atives, but as fellow residents of Leesburg. After all this is over, we
will still_ have to live with each other. Thank you for listening,
Sincerely, George A. Santulli."
Mr. Curry stated that he did not recall having received any phone calls
from Mr. Santulli.
Ms. Wilson went on to say that this is a "bedroom community" and that
any transportation surveys should be done not only for this particular
area, but for the entire Town of Leesburg. She agrees with previous
comments and asked the Council to represent the residents in their
decision. The children of the area feel secure in the neighborhood. She
went on to thank the PTO and the Exeter residents, along with the citizens
of Country Club1for their support of the neighbors in Carrvale in regard to
this issue. She urged Council to keep Marshall Drive closed.
Ted Welti, resident of 906 Marshall Drive, agreed with' the comments
previously made. He went on to say that the park at the end of Marshall
Drive is presently a safe spot for the children. If the extension were to
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MINUTES OF THE MAY 13, 1987 MEETING
be made, then this would jeapordize the safety of this area. He counted 31
children on the other side of Marshall Drive between Heritage Way and Plaza
Street. These children are young and would all have to cross the through
street to get to this park. He asked the Council to consider this in
making their decision.
J. R. Ward, a resident of Plaza Street, opposes the opening of
Marshall Drive and agrees with the previous statements.
Pat Herr,resident 512 Appletree, is also opposed to the extension of
Marshall Drive. She stated that at the end of Appletree and Marshall there
is no stop sign, but only a Yield. Most of the signs in the development
are Yield signs. She watches the children go to school and stated that
there are many busy corners with no crossing guards and she feels that this
is an unsafe situation.
PUBLIC HEARING ON SPECIAL EXCEPTION #86-4 - SYCOLIN PARTNERSHIP
The staff report was given by Martha Mason-Semmes as follows: This
special exception is to permit multi-family dwellings in the Gateway Sub-
division on approximately 1.6 acres. This is the second public hearing.
This specific special exception would permit 36 multi-family dwellings on
the north side of Gateway Drive and west side of Harrison Street. This is
part of a larger multi-family condominium project.
Mr. Kelley stated that through an error in previous advertisement this
is back before Council for a public hearing. Apparently the location was
incorrectly identified.
The Mayor then asked that Mr. Williams conduct the public hearing on
this special exception.
The public hearing was closed at this point since there was no one to
speak either pro or con on this issue, and moved to the Council level of
discussion. This matter was deferred to the legislation portion of this
meeting.
PUBLIC HEARING ON #ZM-84-GARY P. GRIMM, INC. - POTOMAC CROSSING
Martha Mason-Semmes gave the staff report on this application. She
stated that this was also a second public hearing because of an error in
the original application. This is in the northeast portion on Leesburg on
the east side of the by-pass. The applicant is requesting an amendment
regarding recreation facilities which' would result in a larger'number of
recreation facilities than originally proposed. A revised proffer state-
ment has been received. The Mayor asked that Ms. Semmes specifically point
out how the recreational amenities are being revised. The orginal proffer
was to take 170 acres and dedicate them to the Northern Virginia Regional
Park Authority. 20 acres were to be graded and 5 acres made suitable for
playing fields. It was found that the area proposed was inadequate for this
use. The alternative was to clear five acres so that slope and trees would not
have to be disturbed. The remainder would be worked around the inadequate
area in a way that would present a smaller, but more detailed park.
The public heari^g was closed at this point since there were no repre-
sentatives of the public to speak on this issue. It was referred to
Council discussion.
Mr. Williams moved that this be referred back to the Finance and
Administration Committee for further consideration. It was seconded by Mr.
Kelley.
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor
Sevila
Nay: None
COUNCILMEMBER COMMENTS
Charles Williams reported that he and Mr. Kelley had met with the
Joint Policy Committee of the County. This committee has arrived
58
MINUTES OF THE MAY 13, 1987 MEETING
at an understanding and will be able to recommend to the Board a proposal
on the Dulles Toll Road. This was a very informative work session. The
Board of Supervisors will most likely pass a resolution supporting the toll
road extension to the limits of Leesburg. He feels that this is a very
positive step in the direction of alleviating the Route 7 traffic problems
that currently exist. The Parks and Recreation Committee met and
considered establishing the park hours. There will be a walk-through by
the Hughes Group for all members of this committee and the Town Council to
thoroughly view the site. Mr. Williams went on to state that the campaign
statements made on Marshall Drive were certainly more clearly stated by the
citizens than he can recall. He is sympathetic with the residents of the
area and feels that Council would not make a recommendation on an issue
such as this if it were not necessary. He reminded the public that
committee meetings are for the members to consider, discuss and reflect
upon those issues that are before the committee. Those persons that have
applications at stake are heard to an extent. Opening these meetings for a
public discussion on an issue is not their purpose. The Council would not
place a road in a neighborhood unecessarily. In recapping this past
weekend's bicycle race, it was a bittersweet event. Several businesses
were not accessible creating some problems. The event did, however, draw a
large number of people to Leesburg. Lastly, on the LAMPLIGHTER award, he
is pleased with the staff efforts on providing such a quality newsletter,
and offered his congratulations to them.
Hunter Leach reiterated concern over the bicycle race. He heard many
pros and cons about it but feels overall it was a positive event. He
suggested in the future that action is taken to correct some of the
inadequacies of this year's race.
Arl Curry reported that at the special Planning Commission meeting
of April 30 they approved the final development plan for the addition to
the Virginia Village shopping center, approved the preliminary and final
development plans forBellemeadeFarm, issued a conditional use permit for
the Crossroads Baptist Church for construction of a church, and recommended
that Council rezone Peter Burnett's Ordinary. In citing a recent article
in the Loudoun Times Mirror, Mr. Curry stated that a prominent engineer had
stated that there was no need for a planning commission made up of
volunteers, that the planning review stage should be left up to the
professionals. Mr. Curry stated that Silver Oaks and Foxridge were two
good examples of what happens when the review process is left up to the
professionals. He stated that the Planning Commission was unanimous in
their decision that Marshall Drive and Heritage Way be connected. There is
concern about traffic circulation that is created by dead-end streets. He
also heard many complaints about the bicycle race. The Council is being
asked to close off streets more and more and he feels this is detrimental.
His suggestion was that these events be held at Ida Lee Park.
Brian Kelley echoed the comments Mr. Williams made on the Joint
Policy committee. He felt that the county and town worked well together on
this important project and hopes that this is a good sign for future joint
projects. This could clear the way to address more local transportation
issues that are vital. Commenting on Marshall Drive, Mr. Kelley said he
understands the concerns of the individuals, has made himself available to
these people, and said final action is not imminent. He hopes that no
lines of animosity have been drawn so that communication breaks down. This
problem must be solved together.
John Tolbert commented on the bicycle race. He said that he received
numerous calls, but whenever something new comes to town, there is always
public reaction. In the long run these type of events do contribute to the
economy of the localities sponsoring them.
MAYOR'S REPORT
The Mayor commented that he also received numerous calls regarding the
bike race. He suggested that perhaps some of the complaints brought up be
reviewed soon so that suggestions can be presented in avoiding snafus early
in the planning stages.
Mayor Sevila reported that he met with the residents of Bradfield
Drive last night. He felt this was very worthwhile and encouraged other
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MINUTES OF THE MAY 13, 1987 MEETING
members of the Council to do this also. He said this presented an
opportunity for the citizens to air their concerns about the proposed
extension of Bradfield Drive.
MANAGER'S REPORT
Mr. Minor mentioned some items that were not in the written report.
Last Monday the developer's roundtable was held which gave staff an
opportunity to hear from the part of the community that submits
applications. The administrative process was discussed with these
applicants. This gave staff the chance to review the process and listen to
suggestions on how things might be improved. It was suggested that a
public facilities manual be re-established. A summary of this meeting will
be available next week.
A traffic study will be done in the Carrvale area by Kellerco, Inc.
Regarding the Bradfield Drive connection, much material has been made
available by the residents of this area which supports their opposition to
this proposal. Mr. Minor gave this information to the Council. A traffic
study is also being conducted in this area.
The recruitment activity is still going strong. It will be suggested
that the Chief of Plan Review position be reclassified upward to be able to
attract quality applicants. The applications for Assistant Town Manager
are coming in and there are many exceptional applications.
The meals tax intake was lower than projected but compliance with this
new tax was good.
LEGISLATION
On a motion by Mr. Kelley and seconded by Mr. Tolbert, it was
recommended that the following ordinance and resolutions be adopted as
consent items:
87-0-14 - ORDINANCE - ESTABLISHING PARK HOURS OF OPERATION
WHEREAS, during the past twelve months the Town of Leesburg has
completed construction of two public parks; and
WHEREAS, this Council desires to establish hours during which these
facilities are open and available to the public to ensure their safe use
and to minimize any disturbances to adjacent neighborhoods:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 11-82 of the Town Code is amended to read as
follows:
Section 11-82. Hours parks closed.
(a) No person shall go upon, use, occupy or remain in any town
park during the hours set out below:
' Town Park Hours Closed
Rotary Park 9:00 p.m. to 7:00 a.m.
Harrison Street Baseball Field 9:00 p.m. to 7:00 a.m.
Plaza Street Neighborhood Park 9:00 p.m. to 7:00 a.m.
Catoctin Circle Tennis Courts 12:00 p.m. to 6:00 a.m.
Harrison Street Park 9:00 p.m. to 6:00 a.m.
Foxridge Park 10:00 p.m. to 7:00 a.m.
(b) The manager shall erect appropriate signs so that an
ordinarily observant person affected by this section will be aware
of this section.
SECTION II. All ordinances and resolutions in conflict herewith are
hereby repealed.
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MINUTES OF THE MAY 13, 1987 MEETING
SECTION III. This ordinance shall be effective upon appropriate sign
posting.
87-86 - RESOLUTION - ENDORSING THE VIRGINIA WATER CONTROL BOARD "POTOMAC
PLANNING AREA WATER SUPPLY PLAN"
WHEREAS, the Virginia Water Control Board is developing water supply
plans for each river basin in the State; and
WHEREAS, the Virginia Water Control Board has developed a final draft
of the Potomac Planning Area Water Supply Plan; and
WHEREAS, the Town• of Leesburg has had the opportunity to provide input
and comments into the planning process through representation on an
advisory committee; and
WHEREAS, the Leesburg Town Council agrees with the general concepts
and recommendations presented in the plan for the Town of Leesburg:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
This Council concurs with the recommendations of the plan and agrees
it should be used as a guide for any water supply implementation program
undertaken within the Town of Leesburg, conditioned on the inclusion of
updated water demand projections and infrastructure descriptions included
in correspondence forwarded to the Virginia Water Control Board, Northern
Regional Office, dated May 11, 1987.
87-87 - RESOLUTION - APPOINTING COUNCILMEMBER JOHN W. TOLBERT, JR. AS
THE COUNCIL'S REPRESENTATIVE ON THE SELECTION COMMITTEE
FOR ENGINEERING SERVICES FOR THE CATTAIL BRANCH
PUMPING STATION
WHEREAS, a Request for Proposals will be issued to select an
engineering firm for plan review, construction administration, inspection
and review of the Cattail Branch Sewage Pumping Station; and
WHEREAS, a member of the Town Council is required to serve on the
review committee to recommend an engineering firm 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's repre-
sentative on the review committee to recommend an engineering firm for plan -
review, construction administration and inspection services for the Cattail
Branch Sewage Pumping Station for the Town of Leesburg.
87-88 - RESOLUTION - AUTHORIZING A CHANGE ORDER TO THE ROUTE 643 WATER-
LINE PROJECT FOR A SYSTEM PRESSURE STUDY
WHEREAS, Camp, Dresser and McKee prepared construction .drawings and
specifications for the 16-inch Route 643 waterline and is performing the
construction administration and inspection for the Town; and
WHEREAS, available water pressures in the Route 643 corridor will be
in the 30 to 40 psi range which will require booster pumps at buildings
with internal sprinkler systems; and
WHEREAS, the parties sharing the cost of the project with the town
requested a study be performed to determine if a single large booster
station would provide higher pressures for the entire service area; and
WHEREAS, the same parties have agreed to share in the cost of the
study; and
WHEREAS, Camp, Dresser s McKee has submitted a proposal to prepare the
requested study for a fee of $12,700.00; and
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MINUTES OF THE MAY 13, 1987 MEETING
WHEREAS, the Director of Engineering and Public Works recommends
approval of a change order in the amount of $12,700 to CDM's current
contract with the Town.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Manager is authorized to execute a change order on
I
behalf of the Town with Camp, Dresser & McKee for the preparation of a
system pressure study for the Route 643 waterline in an amount not to
exceed $12,700.00.
SECTION II. An appropriation is made from the Utility Fund to account
No. 3120.700.140.300, Route 643 Waterline Extension, in the amount of
$12,700.00.
87-89 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
APPROVING WATER AND SEWER EXTENSIONS FOR THE TOLLHOUSE
CENTER PROJECT
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 Mark Vogel Companies of Washington, DC for
installation of public improvements shown on the plans approved by the
Director of Engineering for the Tollhouse Center project.
SECTION II. The extension of municipal water and sewer works for the
Tollhouse Center project 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 Central Fidelity Bank, Virginia, in the amount
of $141,294 as determined by the Director of Engineering, is approved as
security to guarantee installation of the public improvements shown on the
approved plans.
87-90 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR THE CONCEPT PLAN
AND PRELIMINARY DEVELOPMENT PLAN/REZONING APPLICATION
#ZM-86--TAVISTOCK FARMS (SANTMYER PROPERTY)
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
A Notice of Public Hearing to consider the Concept Plan and
Preliminary Development Plan/Rezoning Application #ZM-86, for the Tavistock
Farms Planned Development Residential Neighborhood proposed for the
Santmyer property, shall be published in the Loudoun Times Mirror. A
notice shall be published on May 21, and May 28, 1987 for public hearing on
June 11, 1987 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW,
Leesburg, Virginia.
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor
Sevila
I
Nay: None
87-0-15 - ORDINANCE - AMENDING THE ZONING MAP FOR #ZM-89 BY PETER C.
BURNETT, TRUSTEE
On a motion by Mr. Williams and seconded by Mr. Curry, the following
ordinance was proposed and unanimously adopted:
WHEREAS, Rezoning Application #ZM-89 by Peter C. Burnett, Trustee, to
rezone 13,008 square feet of land at 222 West Market Street from R-2 to R-1
was received and referred to the Planning Commission on March 25, 1987; and
WHEREAS, the property owner submitted a proffer statement for this
application on April 20, 1987; and
62
MINUTES OF THE MAY 13, 1987 MEETING
WHEREAS, a joint public hearing on this application was held by the
Planning Commission and Council on April 22, 1987; and
WHEREAS, the Planning Commission recommended approval of this
application with proffers on April 30, 1987; and
WHEREAS, this rezoning will facilitate the renovation of the
deteriorating historic structures located on this property commonly
referred to as the "Ordinary" ; and
WHEREAS, this rezoning is in the best interest of the public health,
safety, 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 R-2 to R-1 a 13,008 square foot parcel
of land located on the north side of West Market Street and bounded by the
lands of DeHart on the north and west and Harrison Williams estate on the
east, referred to as Tax Map 48A, Block 5, Parcel 2A, in accordance with a
plat prepared by Chamberlin, Wolford and Chen dated January ,12, 1987,
subject to the following proffered conditions submitted by the property
owner on April 20, 1987, in accordance with the provisions of Section 15.1-
491(a) of the Code of Virginia, as amended.
1. The applicant seeks rezoning of this property for the sole purpose
of constructing a total of four (4) residential units.
2. Said units will be constructed in substantial conformity with
that certain set of plans titled "Proposed Conversion of 62-64
West Market Street, 'The Ordinary "' and dated June 3, 1986 by
Earth Design Associates.
1
3. The proposed conversion and use of the property will not violate
111
the scenic easement now encumbering same, a copy of which is
attached hereto.
SECTION II. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and Mayor
Sevila
Nay: None
87-0-16 - ORDINANCE - AMENDING THE ZONING MAP FOR #ZM-85 BY DARRELL E.
RODGERS, SSR ET UX
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
ordinance was proposed and unanimously adopted:
WHEREAS, Rezoning Application #ZM-85 by Darrell E. Rodgers, _Sr. , et
ux, to rezone 24,826 square feet of land on the south side of Fort Evans
Road from R-2 to B-2 was received and referred to the Planning Commission
on January 14, 1987; and
WHEREAS, the Planning Commission held a public hearing on this
rezoning application on February 19, 1987; and
WHEREAS, the Planning Commission on March 19, 1987, recommended to
Council approval of this rezoning with proffered conditions and a concept
plan dated March 15, 1987; and
WHEREAS, the Council held a public hearing on this application on
April 22, 1967, prior to which the applicant and owner submitted a
notarized proffer statement; and
WHEREAS, the applicant has submitted a revised proffer statement
agreeing to a rezoning to the B-1 district, which more closely matches the
proposed uses than the more intensive B-2 district originally proposed; and
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MINUTES OF THE MAY 13, 1987 MEETING
WHEREAS, this rezoning is in the best interest of the public health,
safety, 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 24,826 square feet of land from R-2 to B-1
located on the south side of Fort Evans Road and bounded by the lands of
Basil M. and Mary B. DeLashmutt on the south, west and east, referred to as
Tax Map 48H, 001, parcel 1, in accordance with a plat prepared by Rodgers
Brothers & Associates, Inc. dated October 24, 1986, subject to the
following proffered conditions submitted by the property owner and
applicant in accordance with Section 15.1-491(a) of the Code of Virginia,
as amended:
1. The overall amount of retail floor area permitted on the site
be limited to 576 square feet of floor area.
2. The applicant agrees that this property shall be included within
an office zoning district when a new zoning ordinance and map are
adopted.
3. The applicant shall provide a minimum of 20 percent landscaped
open space on-site based on landscape plan approved by the Land
Development Official.
4. The applicant shall dedicate ten feet of additional right-of-way
and provide for the pro rata share of road frontage improvements
as determined by the Land Development official.
5. The applicant shall conform to permitted uses of the district of
which this land is a part, in accordance with the attached table.
SECTION II. This ordinance shall be in effect upon its passage.
ATTACHMENT-#ZM-85-RODGERS REZONING
LIST OF LAND USES
OFFICE USES
- Medical Office
- Business or Professional Offices
- Government Offices
COMMERCIAL USES
1. No freestanding retail uses
2. No unenclosed storage
3. Excluding all drive-in and drive-thru uses and all 24-hour
commercial activities
4. Not to exceed 576 Square Feet of total floor area
- Drug Store/pharmacy
- Office Supply.
- Bank/Savings and Loan
- Restaurant
- Personal Services
- Business Services (printing, stationery, etc. )
- Book store
- Gift Shop
- Clothing Store
- Similar uses which are supportive to office uses
RESIDENTIAL USES
None
GOVERNMENT USES
- Government office
- Library or museum
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MINUTES OF THE MAY 13, 1987 MEETING
Mr. Williams commented that Mr. Rodgers had agreed to reduce the zoning
in this area from B-2 to B-1 which more closely reflects land usage in the
area.
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
87-91 - RESOLUTION - APPROVING SPECIAL EXCEPTION #86-4 BY THE SYCOLIN
PARTNERSHIP TO PERMIT MULTI-FAMILY DWELLINGS WITHIN
THE B-2 ZONING DISTRICT
The Mayor asked that Vice Mayor Williams conduct the vote on this
resolution.
On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following
resolution was proposed and adopted as follows:
WHEREAS, the Sycolin Partnership submitted a special exception appli-
cation to permit the development of 36 multi-family dwellings on Lot 4 and a
portion of Lot 5 of Gateway Subdivision containing 1.6 acres of land zoned
8-2; and
WHEREAS, the Planning Commission on February 19, 1987, recommended to
Council approval of this application on the condition that the developer
make no further requests for multi-family dwellings in the remainder of the
Gateway Subdivision; and
WHEREAS, the applicant submitted a statement to the Mayor and Council
on April 8, 1987, declaring its intent to take the necessary steps to
proffer out multi-family dwellings on Lots 1, 3, 6B, 7, 8 and 9 of Gateway
Subdivision, provided this special exception request is approved and current
legal disputes over certain of these lots is resolved in the applicant's
favor; and
WHEREAS, the Council held public hearings on this application on April
8, 1987 and May 13, 1987; and
WHEREAS, the Council finds that the special exception standards of
Section 8-2-11-11A have been satisfied, as portrayed on the conceptual site
plan dated October 1986 prepared by Bengtson, DeBell, Elkin and Titus and
the architectural elevations submitted with the application; and
WHEREAS, it is the intent of this Council that no additional multi-
family dwellings be built in the remaining undeveloped portions of the
Gateway Subdivision:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Special Exception Application #86-4 by the Sycolin Partnership to
permit the construction of 36 multi-family dwellings on 1.6 acres, including
Lot 4 and a portion of Lot 5 in the Gateway Subdivision is approved subject
to compliance with the following conditions:
1. The development plan shall substantially comply with the special
exception concept plan for the Gateway Condominiums dated October
1986 prepared by Bengtson, DeBell, Elkin and Titus.
2. The architectural elevations shall meet or exceed the quality of
the elevations submitted with the application; and
3. The development shall meet all applicable zoning and land develop-
ment regulations.
Mr. Curry stated that he had voted against the rezoning of property
next door for the special exception. He feels that this area already has
too many multi-family dwelling units.
65
MINUTES OF MAY 13, 1987 MEETING
Mr. Williams agrees with Mr. Curry that there are too many multi-family
dwellings in this area. He does feel, however, that the applicant has made
a very positive step in submitting a letter stating his case for this appli-
cation. For this reason, Mr. Williams said he is going to support this
request.
The vote on this resolution was by roll-call, as follows:
Aye: Councilmembers Kelley, Leach, Tolbert, Williams
Nay: Councilmember Curry
Abstain: Mayor Sevila
Absent: Councilmember Pelkey
87-92 - RESOLUTION - APPROVING SPECIAL EXCEPTION APPLICATION #87-1 BY
PULTE HOME CORPORATION
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
resolution was proposed:
WHEREAS, Special Exception Application #87-1 by Pulte Home Corporation
to permit 246 multi-family dwellings in a B-2 zoning district on 12.335
acres of land at the northern end of Heritage Way was filed on March 2,
1987; and
WHEREAS, the Planning Commission on April 16, 1987, recommended to
Council approval of this special exception application with conditions
relating to road connections, architectural elevations and density; and
WHEREAS, the Council held a public hearing on this application on April
22, 1987; and
WHEREAS, a traffic study is required in order to determine the need for
a connection of Heritage Way and Marshall Drive through this project; and
WHEREAS, the concept plan for this application appears to meet all of
the Special Exception standards in Section 8-2-11-11A of the Zoning
Ordinance with the exception of recreational amenities standards in sub-
section (f) and potentially the access standard in subsection (h) (3) :
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Special Exception Application #87-1 by Pulte Home Corporation to permit
a maximum of 246 multi-family condominium units in a B-2 zoning district on
12.35 acres of land at the northern end of Heritage Way, referred to as Tax
Map 48, Block ((5)), Parcel B, is approved subject to compliance with the
following conditions established to protect nearby properties and the public
interest:
1. The development shall comply with all applicable zoning and land
development regulations;
2. The architectural elevations shall meet or exceed the quality of
the elevations submitted with the application and shall include at
least fifty percent brick facades and a brick entrance feature to
the development;
3. The development shall include the construction of the connection of
Marshall Drive and Heritage Way, if a traffic study commissioned
by the town demonstrates that such a connection is essential for
maintaining an adequate traffic circulation pattern in the area as
determined by the Town Council;
4. The development shall include construction of an adequately sized
swimming pool or contribution of $100,000 to the town for recrea-
tional improvements in town parks if the road connection under
No. 3 above is not required, or a contribution of $30,000 if the
road connection is required.
66
MINUTES OF THE MAY 13, 1987 MEETING
Mr. Curry mentioned that the word "essential" might be changed to
another meaning.
Mr. Minor responded that this was a policy matter for the Council.
Mr. Curry went on to say that determining what is essential could
present a problem in this case. He feels that if it is needed, e.g. if the
traffic study indicates that it is necessary to put the extension through,
then it would be determined essential. Perhaps the word could be changed
to 'recommended by the traffic study' .
Mr. Minor said that the final judge in this recommendation will be the
Town Council, so the Council should be careful not to delegate its authority
in this matter to the consultant.
Mr. Williams mentioned that the Finance and Administration
committee was looking for specific and definitive data which would enable
the Council to make an effective decision on this issue. He does not feel
that the word "essential" either detracts or adds to the issue. Mr. Wiliams
praised the town staff for their efforts in negotiating the proffers for
this application, noting that the recreation areas of the town will benefit.
Mr. Kelley said he feels the word 'essential' is fine, the traffic
study will really be the determining factor in this issue. He also praised
Pulte Corporation and the staff for their fine efforts toward the resolution
of this application.
Mayor Sevila stated that item 3 in the resolution appeared to be a
delegation in a sense. This states that if the traffic study comes back
saying the connection is essential, then the Council will consider the
extension. It should say that if the Council upon consideration of the
traffic study, along with the views expressed by the public, deems
that it is appropriate or essential, Council will make the final vote.
The Mayor went on to say that a time frame for this decision should be made
available to the applicant.
Mr. Minor suggested that having the traffic study be the determining
factor in this could be eliminated in the language.
The Mayor stated that traffic studies are certainly interesting but in
looking at traffic problems in the metropolitan area, are definitely not
always accurate.
Mr. Curry asked if it wasn't the Council's job to decide what is best
for the town and the people of the town and not consider the political
issue? Why should the political issues come into it?
Mayor Sevila said that this is a matter of push and pull. There are
people in favor of it and opposed to it and we as a body must answer to
both. The quality of life for this area is at stake, and will not be a
consideration of the traffic engineers who will only work with the numbers.
Mr. Kelley said that over the past three years everyone has taken their
turn at being criticized by someone. He feels that the day the Council
can't stand up and listen to the people whom they represent, will be the day
that he would prefer to be someplace else.
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the resolution was
amended to read as follows:
3. The development shall include the construction of the connection
of Marshall Drive and Heritage Way, if such a connection is
essential for maintaining an adequate traffic circulation pattern
in the area as determined by the Town Council.
The vote on this motion was as follows:
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
67
MINUTES OF THE MAY 13, 1987 MEETING
The vote on the resolution, as amended, was as follows:
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
On a motion by Mr. Williams and seconded by Mr. Curry the resolution
approving a common drive system for Beauregard Estates Subdivision was
referred back to the Finance and Administration Committee for further
consideration.
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
87-93 - RESOLUTION - AUTHORIZING THE CLOSING OF A PART OF HARRISON
STREET FOR THE YMCA "HOOPS-DE-DOO" BASKETBALL
TOURNAMENT FUND=RAISER AND AGREEING TO PARTICIPATE
IN FIRST YEAR START-UP COSTS
On a motion by Mr. Williams and seconded by Mr. Tolbert, the following
resolution was proposed and adopted as follows:
WHEREAS, the YMCA of Loudoun County has requested permission to close
off a part of Harrison Street as well as financial support for the first
year of an annual YMCA hoops-de-doo basketball tournament fund-raiser in
Leesburg; and
WHEREAS, proceeds generated by this event will be used to fund YMCA
youth programs in Loudoun County; and
WHEREAS, this Council recognizes the YMCA hoops-de-doo basketball
tournament as a positive family event for our community, an asset to our
business community and an opportunity to generate funds for youth programs
in our county:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized to close Harrison Street from
Catoctin Circle to its intersection with South Street on Saturday, July 18
and Sunday, July 19, 1987, during daylight hours as needed.
SECTION II. The street closing shall be subject to reasonable and
appropriate conditions as determined necessary by the manager and chief of
police and shall require the town to be named as an additional insured under
a $1,000,000 public liability insurance policy secured by the YMCA of
Loudoun County.
SECTION III. This Council intends to appropriate funds of up to $1500
in its FY 1988 budget to help defray the start-up expenses necessary for
this event. Future financial participation by the town in this event will
not be considered.
SECTION IV. This Council encourages and challenges Loudoun County to
match its contribution to aid this important family celebration and fund-
raiser for Loudoun County's young people.
Mr. Minor stated that the South Street and Harrison Street parking lots
will be available for parking and there will be circulation on Harrison
Street.
Mr. Williams stated that Mrs. Devine of the YMCA has requested that she
be permitted to send a copy of this resolution, along with a cover letter to
Loudoun County. He went on to say that this is another new venture within
the town, however this will not impede travel in the area significantly.
,
Mr. Curry said that he has reservations about using taxpayers money for
activities of this type.
68
MINUTES OF THE MAY 13, 1987 MEETING
Aye: Councilmembers Kelley, Leach, Tolbert, Williams and Mayor
Sevila
Nay: Councilmember Curry
Absent: Councilmember Pelkey
i 87-94 = RESOLUTION = AUTHORIZING PAYMENT OF REQUEST NO. 21 TO R.F. KLINE,
INC. FOR WORK COMPLETED AT THE WASTEWATER TREATMENT
PLANT
On a motion by Mr. Williams and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS, the contract for improvements at the Wastewater Treatment
Plant was awarded to Richard F. Kline, Inc. ; and
WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985 by the
Council of the Town of Leesburg provides: "The Council at its option will
require prior approval of all requisitions for payment under this contract";
and
WHEREAS, the contractor has submitted Payment Request No. 21 on April
30, 1987 and Camp, Dresser & McKee has reviewed and approved this request;
and
WHEREAS, the Director of Engineering and Public Works has recommended
payment of Payment Request No. 21 in the amount of $270,503.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Payment in the amount of $270,503.00 ($284,740.00 less 5% retainage)
shall be made to R. F. Kline, Inc. for Payment Request No. 21 for the
Wastewater Treatment Plant Expansion Project.
Mr. Kelley reported that an October completion date is projected. Some
time has been lost because of bad weather and some changes to the original
design.
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: _ None
NEW BUSINESS
87-95 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
BOND AND WATER AND SEWER EXTENSION PERMITS FOR THE
VIRGINIA VILLAGE, PARCEL 2, SECTION 1 DEVELOPMENT
On a motion by Mr. Williams and seconded by Mr. Leach, 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 shall execute the contract for public improve-
ments shown on the plans approved by the Director of Engineering for
Virginia Village, Parcel D, Section 1 Development.
SECTION II. The extension of municipal water and sewer works for the
Virginia village, Parcel D, Section 1 development is approved in accordance
with Sections 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 Continental Federal Savings Bank of Fairfax,
Virginia in the amount of $216,724 is approved as security to guarantee
installation of the public improvements shown on plans approved by the
Director of Engineering for Virginia Village, Parcel D, Section 1.
69
MINUTES OF THE MAY 13, 1987 MEETING
Tom Mason, Director of Engineering and Public Works, reported that he
had reviewed this agreement and the performance bond figure and finds that
it meets the requirements for this project.
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams, and
Mayor Sevila
Nay: None
87-96 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
APPROVING WATER AND SEWER EXTENSIONS FOR THE VIRGINIA
POWER LEESBURG DISTRICT HEADQUARTERS
On a motion by Mr. Kelley and seconded by Mr. Tolbert, 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 Virginia Power for installation of public
improvements shown on the plans approved by the Director of Engineering and
Public Works for utilities for the Virginia Power Leesburg District Head-
quarters.
SECTION II. The extension of municipal water and sewer works for the
Virginia Power Leesburg District Headquarters project is approved in
accordance with Section 15-9 and 19-18 of the Town Code.
SECTION III. A performance bond in a form approved by the town
attorney from Aetna Casualty and Surety Company of Richmond, Virginia in the
amount of $300,000 as determined by the Director of Engineering and Public
' Works, is approved as security to guarantee installation of the public
improvements shown on the approved plans.
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
87-97 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
APPROVING WATER AND SEWER EXTENSIONS FOR OFFSITE
UTILITIES FOR THE FIELDSTONE DEVELOPMENT
On a motion by Mr. Williams 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:
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 and Public Works for the Offsite Utilities for the
Fieldstone Development.
SECTION II. The extension of municipal water and sewer works for the
Fieldstone Offsite Utilities project 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 McLean, Virginia in the
amount of $408,743 as determined by the Director of Engineering and Public
Works is approved as security to guarantee installation of the public
improvements shown on the approved plans.
70
MINUTES OF THE MAY 13, 1987 MEETING
Mr. Mason again stated that all requirements were met regarding the
amount of the performance guarantee and the agreements for this project.
Aye: Councilmembers Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
On a motion by Mr. Williams and seconded by Mr. Kelley, it was
recommended that the meeting be adjourned.
/ Mayor
. !i L
Clerk of ouncil
1