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HomeMy Public PortalAbout1988_11_08127 MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL November 8, 1988 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on November 8, 1988 at 7:30 p.m. The meeting was called to order by Mayor Sevila, with the invocation given by Councilmember Tolbert and the Salute to the Flag led by the Fourth -Fifth Grade Girl Scout Troop. Present were: Mayor Robert E. Sevila, Councilmembers James E. Clem, Christine M. Forester, Donald A. Kimball, Claxton E. Lovin, William P. Mulokey and John W. Tolbert, Jr. Planning Commission members present were: Johnson, Gheen and Jackson. Also present were: Town Manager Jeffrey H. Minor, Director of Engineering and Public Works Thomas A. Mason, Assistant Director of Planning, Zoning and Development Jay A. Hicks, Director of Parks and Recreation Gary Huff, Planner Peter Stephenson and Deputy Town Attorney Deborah Welsh. Petitioners Stanley Caulkins addressed the Council regarding item 10(1) on the agenda He stated that he was here tonight as a businessman, and a member of the Downtown Business Association (DBA). The DBA is very interested in making sure that the Loudoun County government stays in Leesburg. N Steven Owens addressed the Council on behalf of Shenandoah Square Center Limited W Partnership, the developers of the proposed shopping center at the intersection of Edwards Ferry Road m and the Route 15 Bypass. He provided each councilmember with a package of materials and read the accompanying letter. He stated that the area around the bypass is right for development and the Q proposed 100' setback would have a significant detriment to anyone who is trying to development this property. There are number of legal issues which should be addressed and there is a significant potential for adverse economic impact on the town. He does not believe that having one public hearing and rushing this legislation through, would be to the best interest of the town. He requests the Council to deny the request of the Planning Commission and initiate legislation as initially proposed, so that the legislation can be heard at the Planning Commission level, with a Planning Commission recommendation and then back to Council for further action. ' Vladimeer Gravilovich, representing International Pavilion Limited Partnership, addressed the Council stating that they are the owners of approximately 140 acres at the Route 15 bypass and Edwards Ferry Road and Fort Evans Road. They urge Council to send a strong message to the County about the need to locate their new government center within the town. They will also be submitting a proposal to the county to construct their government center on their site. Their site is sufficiently large and is both, zoned and master planned for this type of development and most importantly, it is within the Town of Leesburg. Francis Raflo, a member of the Loudoun Restoration and Preservation Society addressed the Council on behalf of the Society's president. The society would like to express the support for the retention of the county seat in Leesburg. As a long time merchant in downtown Leesburg, Mrs. Raflo feels very strongly, that keeping the county complex in Leesburg is not only historically important but also economically important. She presented a letter to Council, from the society expressing their support. The letter reads as follows: The Board of Trustees of the Loudoun Restoration and Preservation Society supports the retention and expansion of the Loudoun County Administration offices within the Town of Leesburg or its immediate environs. We feel that it is important to keep this complex in its historical setting and what is essentially the center of the town. Charles Bos a resident of 211 North King Street and a member of the County Board of Supervisors, addressed the Council on the issue of keeping the county complex in Leesburg. He explained that the RFP for the location of the new county complex, was issued a couple of months ago and the deadline for the proposals is November 10, 1988. There are six major policy issues that the board has talked abort.. The mrwf. imMt+loM iao.)n :c +hn 1r..wNnn eC the p..Mnl.,e believes that to move the complex out of Leesburg r P ung would be totally "insane". The historic, cultural, social, economic and political connections between the county and town go back hundreds of years, any change from this would prove to be disastrous, both for the county and the town. Mr. Bos heartedly endorses the town's legislation. The background on how this occurred, is two -fold. The county offices are spread among dozens of buildings throughout Leesburg. The county is paying close to $2 million a year in rent. This issue should have been settled and the building built, a couple of years ago. The next major issue is what size and comprehensive style building is necessary. The building should be large enough for immediate needs plus some expansion capabilities, good traffic access, and needs to be involved in a development that is not stand alone. Other issues are satellite offices in eastern and western Loudoun. These 128 Minutes of November 8, 1988 issues will be debated by the board, sometime in December. Any input from residents, local businesses and the Town of Leesburg, will be welcome and very helpful to bolster the case. Mayor Sevila thanked Mr. Bos for speaking tonight. The community is 100% in favor of retaining the county seat in Leesburg. The possibility of losing the county seat, threatens everyone. This Council is very strongly in favor of retaining the county seat in Leesburg and recognizes its importance, both to the citizens of the entire county as well as to the citizens of Leesburg. Justin Stocker, a Leesburg Boy Scout, addressed the Council regarding American Education Week. He stated that the boys and girls of Leesburg Elementary School would like to proclaim American Education Week in Loudoun County and at Leesburg Elementary School. Proclamation WHEREAS, the quality of public education in Loudoun County affects not only the growth and potential of individual children but also the health and viability of the county as a whole; and WHEREAS, Loudoun citizens can be justifiably proud of the academic accomplishments of Loudoun students compared with their peers throughout the state and the nation; and WHEREAS, strong and informed community support of Loudoun schools is necessary to continue to provide Loudoun's children with the very best education: NOW, THEREFORE BE IT RESOLVED that children in Leesburg schools proclaim that the week of November 13 . 19, 1988 which is American Education Week throughout the nation shall be designated as a time for all citizens to reaffirm their commitment to public education in Loudoun. Visiting their local schools to gain first hand knowledge of programs which are helping to shape the futures of our youth. The county and our nation are contributing their time to help make Loudoun public schools even better. Mr. Minor stated that this was the second public hearing on this matter. It is expected to be ' at future committee meetings to further debate and consider the changes and improvements to the legislation and evaluate the corridors. The purpose of these historic corridor regulations is to implement the Town Plan goal of insuring quality urban design compatible with Leesburg's historic, architectural and tourist resources through architectural control along the town's arterial routes to the historic district. Protection of these vital corridors, which form the traditional gateway to Leesburg's historic district will stabilize and improve property values, protect and enhance the town's attraction to tourists and visitors and will support and stimulate complimentary development appropriate to the prominence afforded properties contiguous to Leesburg's major arterial routes. Benefits attributable to the promotion of superior design and appearance of structures constructed and altered along the town's arterial highways will ultimately promote the public health, safety, and general welfare of the citizens of the town. Jay Hicks briefed the Council on the proposed map showing the limits of the existing H-1 zoning district. Patti Muir. 1108 Bradfield Drive, feels that Leesburg is going to be developing very quickly over the next few years and believes that the town should have controls to make sure that the town develops in a proper manner. It is very important to maintain the historic value and charm of the town. Hubbard Turner, 1107 Bradfield Drive, has been fnilnwina the F4_2 ne ,Ain „ent fn. a_ m„nla ' of months and supports it, yet feels it should proceeded cautiously. We do not want to infringe on the rights of any property owners. We should pay attention to the new development that is taking place. Chuck Boa 211 North King Street, congratulated Council for taking the initiative on this legislation: It is a political "hot potato". It is worthy of going through the process and hopes Council is successful. Leesburg is a unique town and some hints of what Leesburg is, needs to take place as you approach the Town of Leesburg. This does not mean a detailed, architectural control, but it means scale, size and sympathy to what Leesburg is. Council should make the process for the applicants easy, and practical. Have a quick review time, have modest fees to no fees at all. Richard Hill a resident of Mosby Drive stated that his property backs up to West Market Street 129 Minutes of November 8, 1988 and will be affected by this proposed legislation. Listening to some of the comments made by staff, he does not understand how this proposed legislation will promote the health and safety of the residents. He believes there are two basic flaws in this legislation. First, the town is trying to legislate esthetics, what is good architecture and what is bad architecture. The second, is that the Council is in effect delegating their legislative authority to an unelected board. When the Council delegates its power, they should setforth guidelines, to the members of the BAR. This legislation is not written to guide anyone in deciding what is "good or bad architecture". Some of the standards of this ordinance are ludicrous. Mayor Sevila asked Mr. Hill to come to the committee meeting to further discuss some of the technical defects, that Mr. Hill is noting. Mr. DiZere¢a 623 Catoctin Circle, S.W., stated that this legislation should be limited to the downtown area. Jerry Moore. 508 West Market Street, stated that his property would be affected by the proposed legislation and requests that the existing residents be exempted from the legislation. Terry Titus, 805 Wage Drive, concurs with Mr. Bill, in that, the language in the ordinance is highly subjective and should be reviewed and reconsidered He did note that the town should be complimented with the historic district. Jack Wallace representing the owners of the Leesburg Plaza Shopping Center, addressed the Council regarding the proposed legislation. His concerns were with the "purpose and intent" paragraph N of the legislation. The owners of the Leesburg Plaza are in favor of the concept but the methodology w is difficult to grasp. The owners, recently, engaged the services of an architect to redesign the plaza CO center, so it could be brought up to date with today's standards. The section of the ordinance that deals with "required contents of the application", is appropriate for a shopping center, but Council Q should consider the cost impact that this would have on smaller businesses. He is also concerned with the time involved in the review process. The design criteria is very vague and subjective. Tunis Campbell, 803 South Bing Street, stated that he is opposed to the ordinance. Jack Manton representing the Beverly Road Fort Evans Associates, addressed the Council stating that they own approximately 50 acres located at the northeast corner of Edwards Ferry Road ' and Route 15 bypass. They also own 28 acres at the southeast corner of Edwards Ferry Road and the bypass. They appreciate that Leesburg is a town of considerable historical significance and that the town has an interest in protecting its historic areas and landmarks, however, the proposed legislation poses many practical and legal problems. It is unconstitutionally over inclusive, it subjects all of the properties bordering major roads around Leesburg to the historical district controls. It is not reasonably related to the substantial interest of the town. It recites only a general statement that the Council recognizes the importance of Leesburg s arterial entrances to the towns historic district and lan There is no mention of any study dmarks. or survey of the area, which should have been done, to determine which properties are of historical significance. They suggest that the legislation be parred down to include only those properties which truly effect the historic district. Dave Bowers representing the NVBIA, asked that the NVBIA be kept informed of how the proposed legislation is progressing, relative to the standards. Mayor Sevila asked that if the NVBIA has experience with neighboring jurisdictions, and would like to share with the town's legal counsel and staff, it would be welcome. Mayor Sevila stated that he had received a letter written by Tom Nalls of Hazel, Thomas, Fiske, Beckhorn & Hanes dated November 7, 1988. The letter is in regards to the proposed H-2 Historic corridor architectural control district and Stratford in Leesburg (#ZM-95) Stower's tract. Mayor Sevila then read the letter. He also recieved another letter written by Martha Brown of NVLand regarding the H-2 Historic corridor architectural control district. Both letters are made part of the record Mayor Sevila read into the record a letter written by a Boy Scout - Doug Harrison. Dear Mayor Sevila, ' I agree thoroughly with the July 28 Loudoun Times-Mirror article "Leesburg may seek controls over new town architecture" and I support the councilmembers in seeking control over new town architecture. I feel this way because some of the new businesses and shopping centers and some of the Leesburg arterial roadways are becoming gaudy and don't fit Leesburg's architectural style and character. By a concerned Boy Scout- Doug Harrison. The public hearing was closed. On motion of Mr. Tolbert, seconded by Mr. Clem, this item was referred to the Plann n and Zoning Committee meeting for further discussion and consideration. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila 1130 Minutes of November 8, 1988 Nay- None PUBLIC HEARING - REZONING APPLICATION #ZM-104 BY AMURCON LEESBURG Peter Stephenson gave a brief staff report. He stated that Mr. Marc Weiss has applied on behalf of Amurcon Leesburg Corporation, to rezone 37 acres of land from PDH30 to PDH30 modified. To establish building setbacks and landscape buffers of 50 feet along the eastern and western property lines. The property is located east of the Leesburg bypass between Fort Evans Road extended and Route 7 east. On September 15, the Planning Commission recommended approval of this application I conditioned upon the written agreement of Mr. West, Director of Development for Amurcon, and pending the future Battlefield Parkway Alignment. Marc We a planning consultant, representing Amurcon Corporation of Virginia The applicant is asking for a modification of one specific provision of the County ordinance as applied to this property, which is permitted under the County Zoning Ordinance. The property was zoned PDH30, ten years ago, while under the jurisdiction of Loudoun County. Amurcon has worked for over two years with town staff, the Planing Commission and Council to improve certain design aspects of this project. The project could be developed without the modifications, but the developer and staff agrees, that the resulting development would be much less desireable. The public hearing was closed On motion of Mr. Kimball, seconded by Mr. Tolbert, this item was referred to the Planning and Zoning Committee for further discussion and consideration. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None Councilmember Comments Mr. Mulokev commended Mr. Lovin for his fine work on the Halloween Parade. He thoroughly enjoyed the parade. Mr. Mulokey attended his first Council Listening Session on Saturday and found it to be very ' educational. A number of citizens have talked to Mr. Mulokey regarding the efforts of the town to find a site for the YMCA, in Loudoun County. He personally supports efforts of the YMCA to site themselves in Leesburg. He asked what the Council could do to help the YMCA locate in Leesburg. Another issue that has been brought to Mr. Mulokey's attention, is the Route 7/641 intersection. This intersection is badly in need of a traffic light. The state has consented to contract for a light at this intersection, sometime next year. He asked if there is something the Council could do to encourage the state to install a temporary light, as soon as possible. Mayor Sevila stated that it would be appropriate for the Council to send a letter to the County and VDOT, encouraging prompt action. Mr. Lovin thanked the citizens of Leesburg, Town Council and Mayor for taking part in the Halloween Parade. This was the largest parade that the Kiwanis Club has ever had Mr. Clem attended, along with Mr. Tolbert the 25th anniversary program at the FAA center. Mr. Clem asked Mr. Minor to thank the Police Department for doing a fine job at Loudoun House the other evening. The fire department responded to a call at Loudoun House and the police officers did a great job directing traffic and keeping pedestrians out of the firemen's way. Mr. Kimball visited the Northern Virginia District Planning Commic¢ion, and heard a presentation by Harry Gregorie, with the Virginia Department of Waste Management. He spoke of integrated waste management. At the October 8 Listening Session a resident of Washington Street, requested a street light on Washington Street at the entrance to the Cavalier Arms Condominiums. The light was installed on October 11 and Mr. Kimball wished to thank Mr. Minor for his quick actions in getting this light installed Mr. Minor stated thanks should also go to Virginia Power. Mrs. Forester thanked Mr. Lavin for the Halloween Parade. Mr. Tolbert stated that he attended the FAA center's 25th anniversary program and accepted an award on behalf of the Town of Leesburg, for 25 years of community support. 131 Minutes of November 8, 1988 Mayor's Report Mayor Sevila joins the councilmembers in commending Mr. Lovin for the outstanding job that he did for the Halloween Parade. The mayor has received several calls from persons that work in the town, that get off work during the early morning hours. They asked if there could be installed a flashing light system, during these early morning hours. He asked Mr. Minor to prepare a report on the possibility. ' Manager's Report Mr. Minor noted that the Council did receive a written copy of the Activity Report, on Monday. Legislatio On motion of Mr. Tolbert, seconded by Mr. Lovin, the following two ordinances were proposed and unanimously adopted. WHEREAS, the cost of administering and reviewing, sign permits, rezoning applications, BZA N applications, zoning permits and certificates, as well as BAR applications exceeds the fees received for W these services; and m WHEREAS, a report was prepared, dated July 15, 1988, which justifies an increase in these Q fees; and WHEREAS, Section 15.1-4910 of the 1950 Code of Virginia, as amended, provides authority for towns to collect fees incident to the administration of a zoning ordinance; and WHEREAS, the required public hearing was held; and ' WHEREAS, the P Commies; proposed fee changes with the Planning on recommended the ro exception of a reduction to $100 for appeals to the BZA; and WHEREAS, this change has been incorporated into this legislation; and WHEREAS, revisions of these fees will promote the public health, safety and welfare: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 8A -25(b) of the Leesburg Zoning Ordinance is hereby amended to read as follows: (b) Filing of Application; Fees. Applications for sign permits shall be filed on a form provided by the Zoning Administrator by the applicant or his agent with the Zoning Administrator, shall contain information required herein, and shall be accompanied by a fee, of $25.00 for signs less than six square feet $35.00 for signs more than six square feet and $35.00 for a temporary sign permit of any s iz a as ¢o.t-ab•1•behed- {-roar { { } -by. -r RK -Jon- r.€ tiiR FOBS! eeaneil. SECTION II. Section 3B -4(e) of the Leesburg Zoning Ordinance is hereby amended to read ao fol.louo: Historic District Zoning Permits must be made on forms provided by the Zoning Administrator and must be accompanied by a filing fee of $20.00 as aars�.�by_r•a^1,,.{ p�.)we rairar Complete applications must be submitted at least 14 days before the scheduled monthly meeting at which applications request consideration. SECTION III. Section 9-3 of the Leesburg Zoning Ordinance is hereby amended to read as follows: 1132 Minutes of November 8, 1988 9-3 FEES. Fees and charges to be paid to the town for application for zoning permits shall be as follows: (a) For single- or multi -family dwellings to be newly erected, altered, reconstructed, enlarged or relocated, the fee for filing the application for a zoning permit shall be 11757-00- $25.00 per dwelling unit. (b) For newly erected, altered, reconstructed, enlarged or relocated non-residential uses, the fee for filing the application fora zoning permit shall be * *{}{N} $50.00. (c) For newly erected, altered, reconstructed, enlarged or relocated accessory buildings, the fee for filing the application for a zoning permit shall be 4-4500-$10.00. (Sections 9-3-1, 9-3-2 and 9-3-3 are reserved). SECTION IV. Section 9-2-4 of the Leesburg Zoning Ordinance is hereby amended to read as follows: 9-2-4 A zoning certificate shall be secured from the Zoning Administrator prior to the reoccupation or reuse of any lot, building or structure in previous established use when such reoccupation or reuse is of a different character or type than that of the previous established use. The zoning certificate shall state that the extent and kind of use proposed to be made of the lot building or structure conforms to the provisions of this Ordinance and be accompanied by an application fee of $10.0o. SECTION V. Section 10-5(d) of the Leesburg Zoning Ordinance is hereby ' amended to read as follows: (d) AEplicaelons and Appeal Procedure An application to the Board for a variance, or interpretation of the Zoning District Map, or any other case in which the Board has original jurisdiction under the provisions of this Ordinance, may be made by any property owner, tenant, governmental officer, department, board or bureau. Such application shall be filed In triplicate with the Zoning Administrator, who shall transmit a copy thereof, together with all the plans, specifications and other papers pertaining to the application, to the Chairman of the Board. Each such application shall be accompanied by a filing fee 41 44-M to. 4&fra;c tile_ ^ ^ e * caL �r--�" + � aald_ Applic-ationr mh" amai be- -Pstd to tUla Zt-ns to.r- cf niz'-'wrria in the following amounts: $100.00 - Appeals $350.00 - Variances $250.00 - Special Exceptions 3100.00 - Conditionally permitted uses $250.00 - Temporary Usee All applications for a variance or special excentinn_ shall iucivae a disciosure statement, signed by the applicant and notarized, of the equitable ownership of the real estate affected, which shall list the names and addresses of all of the real parties in interest, including all applicants, title owners, contract purchasers, and lessees of the land described in the application, all partners, both general and limited, in any partnership, and, if any of the foregoing is a trustee, each beneficiary having an interest in such land, and in the case of corporate ownership the names of stockholders, officers and directors; provided, however, that the corporate requirement shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred shareholders. The applicant shall keep this information current at all times during the processing of the application. 133 Minutes of November 8, 1988 ' I. Authorltq to Apply. An appeal to the Board may be taken by any person aggrieved by, or any officer, department, board or bureau of the Town of Leesburg affected by any decision of the Zoning Administrator relative to the administration of this Ordinance. Such appeal shall be taken within thirty (30) days from the date of the decision complained of, by filing with the Zoning Administrator and with the Board a notice of appeal stating the grounds thereof. A notice of appeal in triplicate shall be accompanied by a filing fee Zrf '"'00 to defray the cost of processing said appeal, which ' amount shall be paid to the Director of Finance. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. 2. Action by Board. If the Board decides that there was an error in the order, requirement, decision or determination of the zoning enforcement officer as specified in the notice of appeal, the Director of Finance shall return the aforementioned fee to the appellant and no fee shall be charged for the appeal. If, however, the Board's decision is to uphold the order, N requirement, decision or determination of the zoning W enforcement officer, the Director of Finance shall retain the m filing fee in the treasury. Q SECTION VI. An amendment to Section 11-2 of the Leesburg Zoning Ordinance is hereby initiated, said amendment to read as follows: 11-2 INITIATION OF AMENDMENTS: Amendments of the Zoning Ordinance shall be initiated only in the following manner: a. Amendments to the text of the Ordinance and/or changes in the ' zoning boundaries or classification of properties shown on the Zoning Map may be initiated by the Council or the Planning Commission in accordance with the provisions of Sec. 15.1-493, 1950 Code of Virginia, as amended. b. Amendments to the zoning boundaries or classification of property shown on the Zoning Map may be initiated by property owners of the land proposed to be rezoned, by the filing with the Council of a Zoning Map amendment petition addressed to the Council, which petition shall be on a standard form approved by the Planning Commission and provided by the Zoning Administrator, and accompanied by a fee of #3.30•,- 71vs- +20--per-atrm, $1600 for the first 20 acres plus $40.00 per each acre thereafter and other material and data required in said form. Zoning Map Amendment Applications shall include a disclosure statement, signed by the applicant and notarized, of the equitable ownership of the real estate affected, which shall list the names and addresses of all of the real parties in interest, including all applicants, title owners, contract purchasers, ar.d lesseas of the land described in the application, all, pattun_rs, both general and limited, in any par.tnetshi.p, and; if any of the foregoing is a trustee, each ' benefiri.ary havinn an jrp^ ee 4. -t 1_�. _" In the Case of corporate ownership the names of stockholders, officers and directors, provided, however, that the corporate requirement shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred shareholders. The applicant shall keep this information current at all times during the processing of the application. 134 Minutes of November 8, 1988 SECTION VII. All ordinances and resolutions in conflict herewith are repealed. SECTION VIII. This ordinance shall be in full force and effect from and after its passage. WHEREAS, the cost of planning and engineering staff review of subdivisions and site plans, as well as the inspection of the public facilities constructed in new developments, exceeded the revenue received form application fees in FY 88; and WHEREAS, the approved budget for FY 89 anticipates an increase in these revenues, in part due to anticipated fee increases; and WHEREAS, a report was prepared dated July 15, 1988, which compares Leesburg's fees to those imposed in area ,jurisdictions and analyzes the town's cost for performing various review and inspection services associated with the subdivision and development of land; and WHEREAS, Section 15.1-466(i) of the 1950 Code of Virginia, as amended, provides authority for towns to institute fees for the review of plats and plans; and WHEREAS, the required public hearing was held; and WHEREAS, the Planning Commission recommended the proposed fee changes; and WHEREAS, revisions in these fees will promote the public health, safety and welfare: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 13-54 of the Subdivision and Land Development Regulations is hereby amended to read as follows: See. 13-54. Fees. Fees and charges to be paid to the town for the review of plats and plans, for the inspection of facilities required to be installed by this Article and for variances shall be as follows: (a) For preliminary subdivision plats of 10 lots or less the fee shall be $300.00 plus $20.00 per lot or division of land. For preliminary subdivision plats of 11 lots or more, the fee shall be $500.00 plus $5.00 per lot. (b) For final plats the fee shall be $50.00 plus 32:39 $3.00 per lot or division of land plus the amount extended from the quantity of public improvements at the following rates: Type of Public Improvement Storm sever Watermain Curb b Gutter Sidewalk Sanitary Sever Streets Overlot Grading Other major utility facilities Unit Rate 40:46 $3.50 per linear foot fO-.f)3 $1.35 per linear foot 4O:3i $0.60 per linear foot 10% -H $1.35 per linear foot 40:-79 31.35 per linear foot +D-- 64 51.20 per linear foot 4*9:130 $90.00 each lot 1% of construction cost (c) For preliminary development plane the fee shall be $500.00 nt,!o tin nn (d) For final development plans the fee shall be 4.2"Q0. $500.00 .2"30- 3500.00 plus 43:00-35.00 per acre plus the amount extended from the quantity of public improvements at the following rates: 1 1 N W m Q 1 D Minutes of November 8, 1988 Type of Public Improvement Storm sewer Watermain Curb 6 Gutter Sidewalk Sanitary Sewer Streets Overlot Grading Other maior utility facils Unit Rate 40•.4*6;3.50 per linear foot 40:63 ;1.35 per linear foot 40•.3i-;0.60 per linear foot -$0•.61-;1.35 per linear foot 40•.';,A•;1.35 per linear foot 40•.61-;1.20 per linear foot 4'4r&•� ;90.00 each lot 11.0f construction cost (e) For combined preliminary/final development plans, which have been specifically authorized by the Land Development Official, the fee shall be Y600-;800 plus ;10 per acre, plus the amount extended from the quantity of public improvements at the following rates: TX2e of Public Improvements Storm sewer Watermain Curb b Gutter Sidewalk Sanitary Sewer Streets Overlot Grading Other major utility facilities Unit Rate $0746 ;3.50 per linear foot ;0:63 ;1.35 per linear foot 40:31 ;0.60 per linear foot se -.3i ;0.60 per linear foot 40:98 ;1.35 per linear foot 40:61 ;1.35 per linear foot 448.50 ;90.00 each lot 1% of construction cost (f) For minor modifications to approved final development plans or construction drawings, when authorized by the Director of Engineering, the fees hall be ;100 per sheet requiring a change. Such modifications shall be for the relocation of utilities, landscaping or similar minor modifications. Minor modifications shall not be deemed applicable to the relocation or enlargement of any buildings shown on the final development plan, which shall require the submission of a new application. 1'or-reiaepectioas-of-improy¢IDeat¢-which_uPo4a..original iaepectioa_ were- fogad-to-be-fenity_or. SacomPJete,_the_fee paid-by_the-eabdivider-QC- developer -shall- be- a- Gum- equal- to two- times-the-taspector'a-regwl¢r-comP¢a¢atioa.,_for_ the_ time required -for- the- r¢iaep¢ctibut- not_leee_tbea SS_00. {hj for- finn-l-inspettiens-requested-by-sabdividets-nod-deveiepers foz-re-lease-of performance Or-bondu-,-there-she-11 be- no-fee-uniess- the- B4rntyr- of- £agineering-fendn_thet-the '-9Pzevements- nze- not- Prepared- and- ready- far fiaei- inapeetien in- mhict�- vane .-the- far sbnii- br a- sum egani to- tve- times- the zegniar cvmpeasatioa- for t}fe- tow-*- empioyeej s- timr - for inspecting above what- *soiree voaid- }ravr been required- }sed= the -lmprosements-been-Prt-pared-and-resdr for- fines-imepertlei! but not- -less- tfrarr j-25-. 0A ft) For app4ltationn-fo:-vf,rlavccs fi3ed-ander Section i3 -9i; the fee-she}.l-bc C1O OP. •r (A)For revise of public itiprovements nc of a SUbdivlp,inn shall b"e 1Z of the constructions cos SEC 1ON H. All ordinances and resolutions in conflict herewith are repealed. i SECTION III. This ordinance shall be in full force and effect from and after its passage. Mr. Minor stated that this legislation amends the town's land development fees to correspond with the town's cost for review and inspection This will increase the fees and will result in significantly more revenue to the town. Both items have been the subject of public hearings. Aye: Councilmembers Clen36 Forester, Kimball, Lavin, Mulokey, Tolbert and Mayor Sevila Nay: None M 135 136 Minutes of November 8, 1988 r I4 On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following ordinance was proposed and unanimously adopted. 8&0-39 - ORDINANCE - AVF..Atnrni(1- mur WHEREAS, Geoffrey Huguely applied on behalf of High Point Associates on October 16, 1987, for a Leesburg Zoning District Map Amendment to rezone 38.37 acres of land, located on the east side of Sycolin Road (Route 654) to the north, from County R-1, Single Family Residential and County A- 3, Agricultural -Residential to Town M-1, Industrial District; and WHEREAS, Rezoning Application #ZM-98 by High Point Associates, was received and referred by the Town Council to the Planning Commission for review and recommendation on November 11, 1987; and WHEREAS, the Planning Commission held a public hearing on this application on February 4, 1988; and WHEREAS, the applicant, on March 17, 1988 revised the application in the following manner: 1) Modify the request to rezone said property from County R-1, Single-family Residential and County A-3, Agricultural -Residential to Town PEC, Planned Employment Center, instead of the previously requested Town M-1, Industrial District; 2) Request Concept Plan and Preliminary Development Plan approval; 3) Request Special Use Permit approval to define the type of uses anticipated as permitted uses under the Planned Employment Center Zone; and WHEREAS, the Planning Commission held a public hearing on the revised application on April 21, 1988; and WHEREAS, the Planning Commission recommended approval of this application, subject to draft proffers and additional conditions on June 16, 1988; and WHEREAS, the Town Council held a public hearing on this application on August 9, 1988; and WHEREAS, the applicant has revised the application and proffer statement to reduce the potential adverse impacts of the project on the community by contributing a greater amount to town public facilities, while not increasing the intensity of the proposed uses; and WHEREAS, this application was referred to Loudoun County in accordance with the November 1982 Annexation Agreement between the town and county-, and WHEREAS, this rezoning is in conformance with the Town Plan and is in the best interest of the public health, welfare, convenience and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Conceptr?own Plan Amendment and Rezoning Application #2M-98/Rezoning Plan for the High Point Associates is hereby approved and the Leesburg Zoning Ordinance is amended to revise the Zoning District Map to change a 38.37 -acre parcel of land from County R-1 and A-3 to Planned Employment Center (PEC) and located generally at the intersection of Route 654 and 643, and bounded on the north by Lawson Road (Route 654), on the east by land of Loudoun County School Board and Tavistock Farms, on the south by land of Virginia Power and on the west by Sycolin Road (Route 643) as indicated on the rezoning plat dated September 7, 1988, and last revised November 4, 1988, and prepared by Beckham W. Dickerson, Jr., subject, however, to the following conditions proffered in writing by the applicant and property owner in accordance with Section 15.1-491(a) of the 1950 Code of Virginia, as amended 1. When the Town adopts an ordinance which authorizes approval by the Town of rezoning of the property to the PEC category;. approval by the Town of Applicants Preliminary Development/Reznni.ng-Plan nereL0 as nxnibit "A"; approval by the Town of the permitted uses described herein; approval by the Town of the secondary uses described herein; and approval by the Town pursuant to Section 713-17(d) of the Town's Planned Development Regulations of a special use permit for the uses described herein, Applicant agrees as follows: a. To restrict permitted uses on the property to all of the permitted uses stated in Section 711-17(b) of the Planned District Regulations adopted by the Town as of the date of approval of ZMAP 098, except hotels, motels and convention center uses; 1 Minutes of November 8, 1988 b. To restrict secondary uses on the property to all of the secondary uses stated in Section 7B -17(c) of the Planned District Regulations adopted by the Town as of the date of approval of Z!lAP #98, except automobile service stations, freestanding fast-food restaurants, free-standing convenience retail food stores, and more than one non free-standing convenience retail food store; C. To restrict special uses on the property to the following section uses: (i) Research and development activities, including related educational and/or repair activities, and/or maintenance of goods or equipment used on site or sold to others (the term "research and development activities" as used in these proffers shall be defined as offices which may include facilities for laboratories and product development, testing, fabrication and assembly); and (ii) Warehousing and marketing/sales display areas so long as: (A) the aggregate area utilized by warehousing and market- ing/sales display areas does not exceed forty-nine N percent (49%) of the gross floor area of an individual W permitted business; and Q(B) no warehousing activities occur on areas 1 or 6 shown on Exhibit "A"; and d. To restrict all uses on the property to those which will not constitute an off-site nuisance under applicable laws and ordinances and will not threaten public health or safety. �• As the property is developed, Applicant shall construct the on-site streets, acceleration and deceleration lanes, and necessary turning lanes designated on Exhibit "A". On-site street improvements which are to be offered for dedication to the public shall be constructed and dedicated in fee simple free of liens or other encumbrances in accordance with the Town and Virginia Department of Transportation ("VDOT") standards, in a form approvable by the Town Attorney. For the purposes of these proffers "on-site" streets are defined as roadways and related improvements which are constructed on the property or which provide immediate access to or from the property, such as turn lanes and acceleration or deceleration lanes. Dedication of such street improvements will occur at record subdivision plat approval of the various sections of the property. 3. Development of the property shall be in substantial conformity with the Preliminary Development/Rezoning Plan and development standards attached hereto as Exhibit "A", which shall control the density, general layout, and general configuration of the property, with reasonable allowance, to be made for engineering and design alteration to meet adopted Town Zoning, Subdivision and Land Development ordinances. 4. The architectural design, character, and quality.of materials for all buildings constructed on the property, shall be in general conformity with Exhibit "B" which is incorporated herein by reference. Con- currently with any application for site plan approval, applicant will 11, conceptual elevation drawings which will generally conform to the architectural design, character and quality of materials of the buildings depicted on Exhibit "B". In the event such conceptual elevation drawings are not reviewed and approved by the Town within thirty (30) days from submission to the Town by Applicant of drawings which respond to the Town's initial comments, the drawings will be deemed to be approved by the Town. 137 138 Minutes of November 8, 1988 5. Applicant agrees that access to and egress from the property on Route 654 shall be via right -in right -out turning movements unless Appli- cant, or its successors, and the Loudoun County School Board are able to relocate the internal road extending on the Property from Route 654 to Route 643 to align with the entrance of the Beauregard Estates Subdivision as is shown on Exhibits "C-1" and 11C-2" attached hereto. In the event that such alignment is affected, access to and egress from the Property may be effected via right and left turning movements to and from Route 654 as shown on Exhibits C-1 and C-2. In such event, the Preliminary Development/Rezoning Plan and development standards attached hereto as Exhibit C-1 shall control the overall density, general layout, and general configuration of the property in lieu of Exhibit A, and the architectural design, character and quality of materials for all buildings constructed on the property shall be in general conformity with Exhibit C-2, in lieu of Exhibit B. In such event, all references in these proffers to Exhibit A shall then be references to Exhibit C-1 and all references to Exhibit B shall then be references to Exhibit C-2, but all other terms and conditions of these proffers shall not be amended. 6. The property may be developed with no more than 525,000 gross square feet of building construction, which may be broken down by the approximate areas identified on Exhibit "A". In the event building construction on an area does not utilize all of the permitted and secondary uses which may be constructed in an area, any excess building capacity and permitted or secondary uses may be averaged on to another area of the propertv so long as the total development of the property does not exceed 525,000 gross square feet and any excess building capacity is not averaged onto Areas 1 or 6 of the property as shown on Exhibit A or onto Area 5 of the property as shown on Exhibit C-1. 7. If a traffic signal for the intersection of Route 643 with the Leesburg Bypass is approved and constructed by the Town or VDOT, Applicant, or its successors, will contribute to the Town ten percent (10%) of the cost of a traffic signal for that intersection when requested by the Town. If a traffic signal for the intersection of Routes 643 and 654 is approved and constructed by the Town or VDOT, Applicant, or its successors, will contribute to the Town ten percent (10%) of the cost of the traffic signal for that intersection, when requested by the Town. 8. Applicant, or its successors, will dedicate in fee simple, free from liens or other encumbrances, the necessary right-of-way for three of the ultimate six lanes of Route 654 and will construct two lanes of the ultimate six lane configuration of Route 654, and will construct and dedicate in fee simple, free from liens or other encumbrances, the necessary right-of-way for two lanes of the ultimate four lane configuration of Route 643 on the perimeter of its property or on existing right-of-way, in accordance with Town standards, all of which is shown on Exhibit A (hereinafter collectively referred to as the _ "Frontage Improvements"). The frontage improvements for Route 654 shall be bonded and constructed as part of the public improvements for Area 1 or Area 2 under the plan shown on Exhibit A or for Area 1 under the plan shown on Exhibit C-1. Applicant will also reserve space adjacent to the northern edge of the two proffered lanes of Route 654 for future construction of a third eastbound traffic lane, but Applicant shall not be obliged to pay for or construct any such 9• For a period of time which shall not exceed eight (8) years from the date of approval of ZMAP #98, Applicant and its successors agree that in an effort to mitigate traffic impacts on the present intersection of Route 643 and the Leesburg Bypass, no more than fifty percent (50%) of the gross square footage of total development authorized for construction on the property (e.g. 50Z of 525,000 gross square feet) shall be constructed prior -to completion of construction of the frontage improvements depicted on Exhibit A and more clearly described in proffer number eight (8), and the availability of improved access for the property to Route 7 or the Leesburg Bypass other than Route 643 as it is presently constructed. 1 139 Minutes of November 8, 1988 10. Prior to issuance of zoning permits by the Town, Applicant, or its successors, will make a cash contribution to the Town's regional transportation fund in the amount of Forty Cents ($0.40) per gross square foot of permitted or secondary uses constructed on the pro- perty. Until issuance of zoning permits, the amount of such contri- butions shall increase or decrease at the same rate as the Con- struction Cost Index published in the Engineering News Record with the base line index being that which is published in the month of approval -of ZMAP #98. 11. Immediately prior to obtaining zoning permits for individual buildings constructed on the Property, Applicant, or its successor, will pay to the Town, as a donation to the volunteer fire and rescue facilities providing service to the property, ten cents ($0.10) per gross square foot of each building actually constructed on the property. Notwith- standing the foregoing, no payments under this paragraph eleven shall be required for any buildings or portions of buildings proposed to be used for recreational, day-care, religious, fire and rescue, library, postal, governmental or similar uses. SECTION II. A Special Use Permit is approved for research and development activities and warehousing and marketing/sales display areas to be located on the property rezoned subject to the restrictions contained in proffer 1 (c) above, and in accordance with the balance of the proffers approved N for this project. The development of these uses shall meet all applicable Leesburg Zoning and Land W Development regulations. QSECTION III. This ordinance shall be in effect upon its passage. Mr. Minor stated that this proposed legislation would approve the Nigh Point rezoning and noted that the town is in receipt of the revised, signed proffers that conform and reflect to the town's zoning ordinance. Mr. Clem stated that this rezoning does conform to the Town Plan and he will support, but he did not receive the revised information on this rezoning, until the Friday before the Council meeting. t In the future, if he does not receive the revised information earlier, in order to review it thoroughly, he will make a motion to refer the application back to committee. Mr. Minor agreed with Mr. Clem further stating that staff and the applicant negotiated up until the eleventh hour. Staff recognizes that it puts Council in a difficult position, not having the time to reflect on these issues. Mr. Clem stated that staff did a good job in negotiating. Mayor Sevila concurs with Mr. Clem. The mayor suggests, that when negotiations of this kind occur up until the eleventh hour, perhaps they should be deferred until the next Council meeting. Mr. Tom Nalls stated that this is not the largest rezoning that Council has dealt with, but has probably received more intent scrutiny than any other rezoning. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Mulokey, seconded by Mr. Kimball, the following resolution was proposed and unanimously adopted. and WHEREAS, Alvin Dodson resigned from the Leesburg Cable Television Advisory Commission; WHEREAS, Section 5.1-61 of the Code of Ordinances calls for the Mayor to appoint three -`----- •-" "• •�� ��• - _:•�++ v.�ui sue l unseut om the 'Town Gounci4 and . WHEREAS, Mr. Dodson had been appointed by the Town Council; and WHEREAS, Ms. Karen Jones has indicated an interest to serve the town in this capacity: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Ms. Karen Jones is hereby appointed to serve for the balance of Mr. Dodson's term on the Leesburg Cable Television Advisory Committee. Mr. Mulokev stated that Mrs. Jones indicated her desire to serve on the Cable Commission through a letter addressed to the Mayor and himself. Aye: Councilmembers Clem, Forester, Kimball, Lovm, Mulokey, Tolbert and Mayor Sevila 140 Minutes of November 8, 1988 Nay: None On motion of Mr. Clem, seconded by Mr. Tolbert, the following resolutions were proposed as consent items and unnnimougjy adopted. WHEREAS, Sec. 15.1-454 of the 1950 Code of Virginia, as amended, provides for the periodic review of adopted comprehensive plans; and WHEREAS, Sec. 15.1-453 of the 1950 Code of Virginia, as amended, requires that amendments to the comprehensive plan be reviewed by the local Planning Commission and advertised pursuant to Sec. 15.1-431 of the 1950 Code of Virginia, as amended; and WHEREAS, a revision to the Comprehensive Plan for the Town of Leesburg was adopted on March 26, 1986; and WHEREAS, a Planning workshop, composed of the Town Council and the Planning Commission evaluated the plan's effectiveness in achieving the town's goals in January, 1988; and WHEREAS, the Planning Commission forwarded amendments to the Council and recommended revised comprehensive plan amendments for adoption on August 18, 1988; and WHEREAS, this Council held a public hearing on October 25, 1988; and WHEREAS, this Council has met and considered additional comments from residents, landowners and developers; and WHEREAS, a revised plan for the town is essential to the careful coordination of future development and the provision of public services to its citizens; and WHEREAS, the plan amendments adopted herein are consistent with policies found in the Annexation Area Development Policies adopted pursuant to the agreement between the Town of Leesburg and the Loudoun County Board of Supervisors: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The amendments to the 1986 Leesburg Comprehensive Plan, as published in the Town Plan public hearing draft dated October 25, 1988, as amended by Council revisions transmitted to the Council dated November 4, 1988 and subject to appropriate typographical and technical revisions and supporting graphics, are adopted as the revised comprehensive plan for the Town of Leesburg. Mr. Clem questioned page 5, of the proposed Town Plan, the paragraph changing the text to Policy #5.17: He asked for clarification of this revised text and requests further discussion on this item. Mayor Sevila stated that what this revision is stating is that there is a need for balancineo safety and protection on the cul-de-sacd streets. Another concerned raised by Mr. Clem is on page 2, number 9 of the Planning Commission Town Plan update. He questioned the Exeter Ballfields and asked if all of the 10 acres would be ballfields. Mr. Minor stated yes, that there would be two ballfields on this 10 acres. WHEREAS, action by the General Assembly is required for the town td perform certain governmental services; and WHEREAS, the town supports the 1989 Legislative Pr by the Vagina Municipal League; and Programs and Policy Statements adopted WHEREAS, the town particularly emphasizes tree preservation, early entry on to condemned property, open space conservation, city transition and town annexation rights and the Virginia Housing Partnership Fund as actions for the General Assembly that will particularly benefit the citizens of Leesburg. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Council respectively requests the General Assembly to adopt the 1989 Legislative 7 D W m Q 1 1 Minutes of November 8, 1988 Program and Policy Statement of Virginia Municipal League and the attached town Legislative Policy Statement. WHEREAS, the growth of Loudoun County's government has out paced its ability to efficiently house the necessary personnel to manage and provide services to one of the fastest growing populations in Northern Virginia; and WHEREAS, in response to this need, the County of Loudoun has issued a Request for Proposals to the Metropolitan Washington development community to make available land and buildings to create a new consolidated county government administrative complex; and WHEREAS, the Town of Leesburg has been the county seat and government center for Loudoun County for over 200 years; and WHEREAS, a Leesburg area location for the county government complex will facilitate the necessary linkage between the administrative elements of the county government and its courts complex; and WHEREAS, the location of the county administrative complex in or near Leesburg reinforces and strengthens Leesburg's historic relationship with Loudoun County as its largest town and seat of government; and WHEREAS, locating the new consolidated county administration complex outside the Leesburg area will adversely affect Leesburg's economic development opportunities and will impair the retention and growth of support services including legal, real estate, land development and other professional services; and WHEREAS, the Annexation Area Development Policies, Town Plan and Town Council Goals for 1989 all encourage retention of the county seat and administrative offices within the Town of Leesburg, and WHEREAS, significant zoned lands are available in Leesburg to accommodate the county's office needs; and WHEREAS, Leesburg's central location enhances the access and convenience of county citizens to county government services; and WHEREAS, this Council wishes to publicly express its interest in retaining the county administrative offices within the Town of Leesburg: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. This Council supports the location of a new consolidated county administrative complex within the Town of Leesburg or its immediate environs west of Goose Creek. SECTION II. This Council, town manager and staff pledge to work with the county to expedite the land development approval process and to take such other reasonable steps necessary to facilitate any successful proposal to develop a consolidated county administrative complex within the Town of Leesburg. WHEREAS, the J eeab,, o Tow r .. t ..� In, _a - Reston, Va., which included in part, the design development, construction drawings and construction assistance for the construction of 38,350 square foot recreation center to � include an aquatic center/gymnasium complex, parking facility and access road; and WfFREAS, the original construction budget for these facilities was $3,750,000; and WHEREAS, on August 26, 1987, the Council authorized a change in scope by incorporating schematic water surface design DA and the modified recreation center schematic design B.2, which resulted in an increase in the construction budget to approximately $4,748,900; and WHEREAS, these changes resulted in substantive qualitative improvements to the facility to W 14.2 Minutes of November 8, 1988 increase recreational opportunities, improve handicap access and accommodate one meter diving; and WHEREAS, bids were solicited and opened, all in accordance with the Virginia and Leesburg Procurement Regulations on October 31, 1988; and WHEREAS, the low bid was offered by Becon Construction Company of Leesburg, Va., in the amount of $5,292,000, inclusive of change orders #2 through 5; and WHEREAS, acceptance of these bids alternates will enhance the architectural quality of the facility and improve service to our citizens; and WHEREAS, acceptance of alternate #4 will result in construction of a music pavilion adjacent to the park entrance at a cost of $55,000; and WHEREAS, future bond proceeds, county contributions totalling $800,000 over two years and a $182,000 park access grant will provide sufficient funds to meet the additional cost of the project as authorized herein; and WHEREAS, the Hughes Group design contract will require an amendment to adjust the professional fee, as a result of additional design and construction services made necessary by the expanded scope and based on the amount bid, in accordance with its contract with the town, Article 15.1 thereof, dated May 11, 1987: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to enter into a lump sum contract, on behalf of the town, with the Becon Company of Leesburg, Va., in the amount of $5,292,000 in accordance with its bid submitted October 31, 1988, and construction drawings and specifications issued by the Town of Leesburg. SECTION II. The design development, construction documents, bidding and construction phases of the contract between the Town of Leesburg and the Hughes Group Architects shall be increased by $33,728 to reflect increased construction costs pursuant to Article 15.1 of the contract. SECTION III. An appropriation is made to the Parks Construction Capital Project Fund in the following amounts until the project is complete: Account No. 9400-300-060-901 Design/Engineering 9400-700-091.901 Ida Lee Park $33,728.00 743,100.00 WHEREAS, on May 27, 1987 the Council of the Town of Leesburg in Virginia passed an Ordinance No. 87-0-18 whereby the Town demised, leased and let unto Janelle Aviation, Inc., certain property located within the Leesburg Municipal Airport in Leesburg, Virginia (the 'Lease'); and WHEREAS, Ordinance No. 87-0-18 identified the Lease as beingdated as of May 15, 1987; and WHEREAS, the Mayor for the Town of Leesburg actually executed a Lease dated August 25, 1987, which was in substantially the same form as presented to the Town Council on May 27, 1987; and WHEREAS, the Town Council wishes to ratify the Mayor's execution of the Lease dated August 25, 1987 by and between the Town of Leesh,iro and .Tanonn A.,;„#;..., r.,,.j ea tie; , .I%. T,".., approved by Ordinance No. 87-0-18, and otherwise approve, ratify and confirm all actions done or performed by the Mayor and any other employee or agent of the Town in executing and performing any of the provisions of said Lease dated August 25, 1987: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town does hereby approve, ratify and confirm all things and actions heretofore done or performed by the Mayor and any other employee or agent of the Town with respect to the execution of the Lease dated August 25, 1987, and the performance of all of the Town's obligations thereunder. 1 1 N W Q 1 1 Minutes of November 8, 1988 SECTION II. Ordinance No. 87-0-18 shall be hereby amended to reflect that the Lease dated August 25, 1987 as executed by the Mayor is the LEase approved by the Town Council pursuant to Ordinance No. 87-0-18. SEC'T'ION III. This resolution shall be in effect from and after its passage except to the extent that it relates back and amends Ordinance No. 87-0-18. 88-219 - RESOLUTION - AUTHORIZING THE GRAN'T'ING AND EXECUTION OF A DEED OF INGRESS -EGRESS EASEMENT UTIIdTYEASEMENTS AND AGREEMENT BY THE TOWN OF LEESBURG (HEREINAFTER REFERRED TO AS THE 'TOWN') FOR THE BENEFIT OF AVIATION ASSOCIATES L.P. ITS SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS "AVIATION") PERTAINING TO CERTAIN PROPERTY AT THE LEESBURG MUNICIPAL AIRPORT LEESBURG VIRGINIA WHEREAS, the Town of Leesburg in Virginia and Janelle Aviation, Inc., entered into that certain Deed of Lease and Operating Agreement dated as of August 25, 1987 (the "Lease'), whereby the Town leased to Janelle an approximately 2.4 acre parcel, more particularly described on Exhibit A attached thereto (the "Jet Center"); and WHEREAS, Janelle has assigned all of its right, title and interest into the Lease to Aviation pursuant to an Assignment of Lease dated as of October 12, 1988 and as consented to by the Town; and WHEREAS, the Town desires to grant certain easements across its property known as the Leesburg Municipal Airport for the benefit of the Jet Center allowing ingress and egress from Virginia Route 643 to the Jet Center and construction and maintenance of utilities within certain easements across the Town's property for the benefit of the Jet Center; and WHEREAS, there has been presented to this meeting the form of Deed of Ingress -Egress Easement, Utility Easements and Agreement (the "Easement') for the Town Council's consideration and approval, a copy of which has been filed with the records of the Council; and WHEREAS, for good and valuable consideration and in furtherance of the public purposes for which it was created, the Council proposes to execute, grant and deliver the Easement. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The execution, delivery and performance of the Easement by the Town is hereby authorized. The Easement shall be in substantially the form submitted to this meeting, with such non - substantive changes, insertions or omissions as may be approved by the Mayor of the Town, whose approval thereof shall be conclusively evidenced by the execution of the Easement containing such change, insertion or omission. SECTION II. The Mayor is hereby authorized and directed to execute and the Clerk of the Council shall attest the Easement on behalf of the Town. SECTION M. This Resolution shall be in effect from and after its passage. WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by Council, October 11, 1988 recommended construction of a 24 -inch waterline along the western boundary of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road and constructioc of a le-icc_h waterline along Route 773 from the Potomac River Water Treatment Plant to the Carr Wetcr. f 4torage Tenh, to complete a major loop in the town's water system and to provide increased pfecsure and fire flows throughout the town; and WHEREAS, it has been determined by the town's consultant engineer, Camp, Dresser & McKee, that increasing the line size on the Route 773 waterline from 16 inches to 24 inches, at this time, would save approximately $250,000.00 in future waterline construction costs; and WHEREAS, the Town of Leesburg duly advertised and received bids on October 14, 1988 from eleven prospective contractors to provide construction services in accordance with published bid documents and pursuant to State and local procurement laws; and WHEREAS, the apparent lowest bidder, Cas I r Colosimo & Son, Incorporated, was allowed to withdraw his bid pursuant to Section 8.1-13A of the town's purchasing policy, in that, a clerical error was made in preparation of said bid; and I ' 14) 144 Minutes of November 8, 1988 WHEREAS, the lowest remaining bidder, R. L. Rider & Company, was deemed the actual - lowest responsive and responsible bidder in the amount of $1,703,388.70; and WHEREAS, the fiscal year 1989 budget, as adopted by Council includes an appropriation of j$1,380,000.00 for these projects: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized and directed to enter into a contract on behalf of the town, in a form approved by the town attorney with R. L. Rider & Company, in the amount of $1,703,388.70 for construction of the Route 15 bypass and Route 773 waterline projects. SECTION H. Additional appropriations are made from the unappropriated Utility Fund balance to Utility Fund Account No. (300) 3120.700.160 in the amount of $206,000.00 for the Route 15 bypass waterline extension project and to Utility Fund Account No. (300) 3120.700.130 in the amount of $294,000.00 for the Route 773 waterline extension project, for the fiscal year ending June 30, 1989. WHEREAS, 201 Joint Ventures, Inc., has submitted a preliminary/final development plan for property identified as Tax Map 58A, Block 3, Parcel 5 & 6; and WHEREAS, a plat dated 1878 by O. W. Gray & Son clearly shows Liberty Street extending south of Royal Street for a distance of approximately 150 feet; and WHEREAS, the proposed driveway to this property is located on a portion of Liberty Street which has no been considered by the Town or included as part of the public street system; and WHEREAS, the Town Council has been asked to dedicate, confirm and establish a .0553 acre portion of land believed to be owned by the Town of Leesburg as formerly dedicated for street purposes as early as 1878 and indicated on an advance copy of a plat prepared by LBA, Limited dated October 19 for public street purposed as an extension of Liberty Street; and WHEREAS, this action will provide improved public street access to the property owned by the Town of Leesburg which may be used for public parking in the future; and WHEREAS, the Town reserves the right to dedicate additional land believed I be owned by the Town of Leesburg for the purpose of further extending Liberty Street: j THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Mayor is authorized to execute the original deed of dedication, a copy of which is hereto attach Ied, dedicating, confirming and establishing a public street designated as an extension of Liberty Street. WHEREAS, auest for Proposal poral was issued by the Department of Engineering and Public Works for proposals for comprehensive consulting services; and WHEREAS, the review committee including Councilmembei William P. Mulok6, ranked the proposal from Paciulli Simmons and Associates first among the four received based on the review criteria; and I WHEREAS, completing such anagreement will provide( several advantages to the Town including: reduced administrative costs; a single source of coordination and monitoring of projects; and completing projects in a timely manner; and I i WHEREAS, no task will be assigned to the consultant whose costs', exceeds $10,000 without prior approval of the Mayor and Council: I, THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: I The manager is authorized to execute a contract on behalf of the Town with Paciulli Simmons & Associates for general engineering services as required by the Town of Leesburg not to exceed the amount of $35,000.00 for the balance of this fiscal year. 1 1 1 Minutes of November 8, 1988 SERVICE CENTER RESOLVED by the Council of the Town of Leesburg in Virginia as folio SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director ofEngineering and Public Works for the Leesburg Ford Service Center. I I SECTION IL The extension of municipal water and sewer for the Leesburg is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION DI. An irrevocable bank letter of credit in a form approved it from Farmers and Merchants Bank of Hamilton, Virginia in the amount of $47,7; security to guarantee installation of the public improvements shown on plans apprc of Engineering and Public Works for the Leesburg Ford Service Center. WHEREAS, American Motorists Insurance Company was approved by Resolution No. 87-167 to provide a corporate surety bond in the amount of @ improvements for Potomac Crossing Planned Development Section 1H; and WHEREAS, the surety bond in the amount of $270,000.00 from American Company was reduced to $54,000.00 by Council action in Resolution No. 88-169; WHEREAS, a new corporate surety bond from Reliance Insurance Con by the developer and approved by the town attorney to replace American Resolution No. 88-169: THEREFORE, BE IT RESOLVED by the Council of the Town of Lees, corporate surety bond in the amount of $54,000.00 from Reliance Insurance G guarantee the installation of public improvements in Potomac Crossing Section WHEREAS, four change orders to the central warehouse and maintenance contract have been executed to principally accommodate poor soils conditions; and WHEREAS, these change orders require a supplemental appropriation THEREFORE, RESOLVED by the Council of the Town of Leesburg in Service Center town attorney is approved as by the Director Council in for public Insurance been provided Company in Virginia that a is approved to construction as follows: An appropriation is made to the Buildings -Public Works Facility Capital Projects Fund in the amount of $90,000 to Account No. 9600-700-100-901, Construction, until the project is complete. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert I d Mayor Sevila Nay: None On motion of Mrs. Forester, seconded by Mr. Kimball, the following and unanimously adopted. WHRREA4, on (k7hnYwr 2r_ 19RA tj ;q rnUnr l a:olo i a _ate o: I • n c <,� _ Leesburg Zoning Ordinance to add subsection (2)((e)) to read as follows: = _� ,,., .._ Lh i (2)((e)) Leesburg Bvoass: 100 feet from the rioht_nf_, I lino ' ml.:.1 ee.tib u -11-11 ..__� ._ bund>_nos and narking lots and WHEREAS, this proposed amendment was referred to the Planning' Comm; on to conduct a public hearing and report its recommendation to the Council; and WHEREAS, the Planning Commicaion at its November 3, 1988 mi eeting requested that the Council hold a joint public hearing with planning Commission in order to expeditelenactment of this proposed change: I I 1 ii Minutes of November 8, 1988 SERVICE CENTER RESOLVED by the Council of the Town of Leesburg in Virginia as folio SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director ofEngineering and Public Works for the Leesburg Ford Service Center. I I SECTION IL The extension of municipal water and sewer for the Leesburg is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION DI. An irrevocable bank letter of credit in a form approved it from Farmers and Merchants Bank of Hamilton, Virginia in the amount of $47,7; security to guarantee installation of the public improvements shown on plans apprc of Engineering and Public Works for the Leesburg Ford Service Center. WHEREAS, American Motorists Insurance Company was approved by Resolution No. 87-167 to provide a corporate surety bond in the amount of @ improvements for Potomac Crossing Planned Development Section 1H; and WHEREAS, the surety bond in the amount of $270,000.00 from American Company was reduced to $54,000.00 by Council action in Resolution No. 88-169; WHEREAS, a new corporate surety bond from Reliance Insurance Con by the developer and approved by the town attorney to replace American Resolution No. 88-169: THEREFORE, BE IT RESOLVED by the Council of the Town of Lees, corporate surety bond in the amount of $54,000.00 from Reliance Insurance G guarantee the installation of public improvements in Potomac Crossing Section WHEREAS, four change orders to the central warehouse and maintenance contract have been executed to principally accommodate poor soils conditions; and WHEREAS, these change orders require a supplemental appropriation THEREFORE, RESOLVED by the Council of the Town of Leesburg in Service Center town attorney is approved as by the Director Council in for public Insurance been provided Company in Virginia that a is approved to construction as follows: An appropriation is made to the Buildings -Public Works Facility Capital Projects Fund in the amount of $90,000 to Account No. 9600-700-100-901, Construction, until the project is complete. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert I d Mayor Sevila Nay: None On motion of Mrs. Forester, seconded by Mr. Kimball, the following and unanimously adopted. WHRREA4, on (k7hnYwr 2r_ 19RA tj ;q rnUnr l a:olo i a _ate o: I • n c <,� _ Leesburg Zoning Ordinance to add subsection (2)((e)) to read as follows: = _� ,,., .._ Lh i (2)((e)) Leesburg Bvoass: 100 feet from the rioht_nf_, I lino ' ml.:.1 ee.tib u -11-11 ..__� ._ bund>_nos and narking lots and WHEREAS, this proposed amendment was referred to the Planning' Comm; on to conduct a public hearing and report its recommendation to the Council; and WHEREAS, the Planning Commicaion at its November 3, 1988 mi eeting requested that the Council hold a joint public hearing with planning Commission in order to expeditelenactment of this proposed change: I I 1 . 146 Minutes of November 8, 1988 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A joint public hearing on this proposed amendment shall be held at 7:30 p.m., on December 13, 1988, in the Council Chambers, 10Loudoun Street, S.W., Leesburg, VirO nis In accordance with Section 15.1-431 of the 1950 Code of Virginia, as amended, this hearing shall be a joint hearing of both the Planning Commission and Council. The clerk shall give notice of this hearing on November 24, 1988 and December 1, 1988, and shall advise the Planning Commission of the purpose, time and date of the hearing. SECTION H. The Planning Commission shall report its recommendation to the Town Council on the proposed amendment. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila Nay: None On motion of Mr. Clem, seconded by Mr. Mulokey, the meeting was adjourned. Clerk of Council Robert E. Sevila, Mayor Town of Leesburg 1 1