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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 56 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 57 . 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 59 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. 60 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 61 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 63 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 64 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