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HomeMy Public PortalAbout1989_05_09 275 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 9, 1989. A regular meeting of the Leesburg Town Council was heldlin the Council Cham- bers, 10 Loudoun Street, S.W. , Leesburg, Virginia on May 9, 1989 at 8:20 p.m. , Council having been in executive session from 7:00 p.m. prior thereto. The meet- ing was called to order by the Mayor, with the invocation given by Mr. Tolbert and ' the Salute to the Flag by Councilmember Clem. Present were: ) Mayor Robert E. Sevila, \ Councilmembers James E. Clem, Christine M. Forester, Claxtony. Lovin, William P. Mulokey and John W. Tolbert , Jr. Absent was Councilmember Donald A. Kimball. Also present were: Town Manager Jeffrey H. Minor, Assistant Manager Steven C. Brown, Director of Finance Paul York, Director of Planning, Zoning And Development Katherine Imhoff, Director of Engineering Thomas A. Mason, Director offUtilities Randolph W. Shoemaker and Director of Parks and Recreation Gary Huff. On motion of Mr. Tolbert , seconded by Mr. Lovin, the minutes of the regular meeting of February 10, 1988 were unanimously approved. I PUBLIC HEARING ON REZONING APPLICATION #ZM-106 BY T-C VENTURES. Director of Planning, Zoning and Development Katherine Imhoff explained that this application has been before Council previously and has been before the Planning Commission for public hearing. She explained that this is an application to rezone approximately six acres on Fort Evans Road from R-2 residential district to B-1 community business district with proffers. It is proposed to convert this prop- erty from a residential use to an office• oc the limited commercial use, to be oc- cupied by the Loudoun Chapter of the American Red Cross as an office and training facility; This is a one-story brick single-family residence with a large two-story - frame garage behind the residence. To the north are the Cedar Walklduplexes, also zoned R-2; further west on the north side are the Loudoun Hills townhouses, zoned R-2; to the east-northeast are the:.FoxsCreek townhouses, - zoned' R-2 and further to the east are the Hough and Fischer properties, zoned B-1 with proffers. There is an additional single-family residence to the southeast and across the road the land is undeveloped and zoned B-1 with proffers. Fort Evans Road is the'dividing line between offices to the south and residences to the north and is currently zoned R-2. There is currently an area of approximately 26,000 square feet - under this you could construct one single-family dwelling or a duplex family unit or a day care center or offices. Whenever a proposal does not conform to the Town Plan, the staff has not proposed the rezoning. There were quite a fewlpeoplelat the public hearing that lived close to this and they expressed their concerns. The Planning Commission recommended denial of this on March 16th. If Council decides to approve this rezoning, there are changes to be made to the proffers.11 1 Royce Givens, said that T-C Ventures is the owner of the, property - they have a contract to sell the property and transfer it 'to the:: Red Cross, contingent upon their financing it . Some day Fort Evans Road will be cul-de=saccedl - this would have a substantial impact on this property. This should enhance the neighborhood. Cedar Walk and Fox Creek are focussed inward - to that extent traffic on Fort Evans Road does not impact on them. There will be traffic on Fort Evans Road in all events. The restrictive covenants would prevent the B-1 use from coming into the residential areas, however they go only to the creek. No-one could build on M-1. These same proffers were used for the other two properties further along Fort Evans Road and he felt they are adequate. The garage could be torn down and another structure built in its place or add a second story. His clients are prepared for the dedication of the road and for road expansion. Requirements, for a buffer are part of the Zoning Ordinance. Any proffer would be in accordance with the Town Plan. This is a high density zone for residential and they want to keep' it that way. This would be a better transition for Fort Evans Road rather than' tear this down and put up more residential units. Sometime ago this was a single-family neighborhood with large two-acre lots - there are only three of those left. This is a neighbor- hood of high use and the applicants are in favor of this amendment. .., Rick Wieland, of 197 Cedar Walk Circle, said the company he worked for pur- chased a piece of property on Fort Evans Road that was zonedifor duplexes seven years ago. They built 60 duplexes at Cedar Walk. He was very impressed at how Fort Evans Road was zoned at that time. There was "commerciAl" zoning close to Route 7 and apartments, townhouses and duplexes almost out to Route 15. There were town houses built in front of their property at that time. They developed a project they were very proud of in building Cedar Walk. The people living there 'thought a re- quest for "commercial" in the middle of this residential block was totally out of order. If this is rezoned to business use, whatwill happen to the properties next door to them? He asked that Council deny this rezoning and that they not allow a commercial zoning in the heart of that very homogenous residential 'area. I 276' MINUTES OF MAY 9, 1989 meeting - Page 2 1 Mr. David Gillogly, of 193 Cedar Walk Circle, felt Leesburg does not really need any more commercial space - we are getting strip zoning and it is like domi- noes falling one by one. Each rezoning becomes an excuse for the 'next one. There is no way to justify it. He hasn' t spoken to anyone that isn't bitterly op- posed to what is going in the way of development. He did not object to the Red Cross, however, if this is rezoned to commercial it will bedifficult to control the use. Mr. Tom Berezoski, Chairman of Red Cross for Loudoun County, said there is la question as to whether or not they are going to purchase this property. They are working on financing at this time. They are well awarelof the homes behind them. They do close the office at 4:30 every day, however, there are classes there at night part of the time. A lot of people in the area do notl,even know they are in that building - they run a very quiet organization and do not disturb the neigh- bors. They helped 4,000 people last year in Loudoun County, but everything is done in a very quiet manner. There are only two houses andlthey felt it would not go commercial. If they do everything in an orderly fashion, then perhaps the rest of the area would follow. Mr. Lovin asked what kind of training courses they would be giving. Mr. Berezoski said it would be first aid and things of that nature. They might have people from the Fire Department or from the hospital - they might go through the Red Cross training. They do have fund raising, along with a few other things. Mrs. Dorothy Walker of 304 Appletree Drive, and part-oner of this venture, distributed some pictures of the property and surrounding area. The garage is no higher than the town houses. Fort Evans Road is no longer a subdivision. Council should really look at it - he didn't think they would want oto raise their children there. The land across the street will be developed with more driveways, garages, etc. , at present it is business, such as car dealers, Police Department, engineering firms, department buildings, town homes. Dr. Paul Supan, 105 Valley View Avenue. orthodontist, • supported the Red Cross in their move to this property. He personally felt it is good to move into the- right heright area - his site in Purcellville was in an industrial park. He respects the viewpoints of both sides and hopes the public interest in the purchase of land will prevail . Andy Walker h&f 304 Appletree Drive, said hiss wife is one of the investors in this property,/asked Council to consider that this house' is in the residential area. At that point, it was a large open area and looked like a residential area. After a few years the townhouses and condos started working, into the area and commercial properties started taking hold. It has slowly been rezoned out of use ability and it is not suited for private residential use. Consider all the people in Cedar Walk. As Fort Evans Road is closed off, there will be no traffic in front of this dwelling. They have chosen a use for this- propertylthat is appropriate for the area and will be less obtrusive and inclusive so that these people would not be looking at a well landscaped property. Keep in mind' that this is the-best and highest use for this property. This detached single-family home has actually decreased after what has taken place around it. He believed the Red Cross would offer a lot of opportunities to those who will live there. Mr. Givens said if the garagewere built in violation of the zoning ordinances, it would not be there now. Restrictive covenants control. There will be no domino effect into Cedar Walk set by restrictive covenants. The method would be between this Council and the office. To offer the petitioner that request would cause no problem. The cost of this property to the town is going to actually be a plus if it is rezoned to its proper use. A residence costs more than it generates in tax dollars. If they put shops on this property, they would not have 2.5 chil- dren to educate. They could put in a commercial- use that will produce money for the other end of town. It doesn' t apply to office buildings. The public hearing was closed. Mayor Sevila said the Council will receive public comment in writing for a period of ten days. On motion of Mr. Lovin, seconded by Mrs. Forester, this matter was referred to the Planning and Zoning Committee on the 17th of May, the vote being five to one (Mr. Tolbert did not vote - he had a con- flict of interest in this matter) : Aye: Councilmembers Clem, Forester, Lovin, Mulokey and Mayor Sevila Nay: None Abstained: Councilmember Tolbert (due to a conflict of interest) 277 MINUTES OF MAY 9, 1989 MEETING- Page 3 COUNCILMEMBER COMMENTS: Councilmember Mulokey said he is looking forward to Europe and will have the distinct pleasure of presenting the General George C. Marshall Home while there. . He will return on May 25th. Mr. Lovin attended the Loudoun County Chamber of Commerce Valor Awards Program last week. He complimented the Leesburg Pollee Department, in particular, Scott Ebersole and Ron Speakman, who received these awards at the luncheon. He had the opportunity this past weekend to be in several famous places in Texas - he recom- mended, in particular, San Antonio. All students in the Texas public school system usually make a pilgrimage to the Alamo. Mr. Clem echoed the congratulations to the police officers who won the valor awards. Mrs. Forester reported that she and Mr. Mulokey held the Listening Session last Saturday morning. Norman Myers came to discuss the newzoning ordinances. Mr. Tolbert reported that he and Mayor Sevila went to Chestertown, Mary- land on Monday to attend the kick-off for the 1990 Census. Mayor Sevila further explained that they were invited to Chestertown for what they billed as the "National Kick-off of 1990 Census". Leesburg was one of several towns and cities invited. Leesburg was invited because it was the place of kick-off in 1790. They were told that, for every citizen that is not identified or counted, it ends up costing the locality as much as $1500 in- local, Federal and State grants. Lewis Kincannon will be in touch with us to tell us what is expected of the elected officials. In the 1980 Census, we were still receiving money based on the popula- 1 tion of about 1800. Our latest population is about 18,000. MANAGER'S REPORT: Town Manager Minor reported that the groundbreaking ceremonies for the Munici- pal Government Center will take place on Monday, May 15th at 10:00 a.m. The pub- lic is invited. Construction activity is already in evidence on Market Street. We will save all the trees - they will either go into the lawn area of be moved Ito Ida Lee Park. We will have more green space and more trees when it is all fin- ished. Staff is working toward a technical workshop on the consolidated Zoning Ordi- nance to try to clarifyffor both the development community, as well as the general public, that have concers about growth in Leesburg sometime in early June. Lengthy agendas will try to come up with as many unsolved difficulties as they can. This is all managed in a relaxed and productive setting to exchange ideas and to try to narrow our differences. By the time it is to Council hearing and to be con- sidered, there will be an ordinance that will be recognized by diverse segments of our community that will help improve land use in Leesburg. -He was convinced that we have mounted and surmounted more difficulties than before. Kat Imhoff and Sally Vecchio spoke before the Downtown Business Association this evening and began a dialogue on the ordinance and to clarify it . They will try to move toward a common ground. It was a very productive .meeting. PROCLAMATION - NATIONAL NURSING HOME WEEK Mayor Sevila read the following Proclamation into theirecord. He will be . presenting this to Heritage Hall Nursing Home: PROCLAMATION WHEREAS, Leesburg' s Heritage Hall Health Care residents have contributed immeasurably to the history and culture of our community; and WHEREAS, nursing home residents can continue to make a contribution to the community; and WHEREAS, nursing home residents -need ongoing social contacts in order to lead meaningful lives: NOW, THEREFORE, I, Mayor Robert Sevila -of -the -Town of Leesburg, Virginia, do hereby proclaim May 15-19 as i . I 278 Y MINUTES OF MAY 9, 1989 MEETING - Page 4 NATIONAL NURSING HOME WEEK and call upon all citizens to join in the observance of this occasion by participating in the activities of Heritage Hall Health Care as a visible sign that we remember and that we care. Councilmember Forester asked that Item (a) concerning Planning Commission terms be sent back to Committee. On motion of Mr. Clem, seconded by Mr. Tolbert, the following resolutions were proposed as consent items and unanimously adopted; ; • 89-91 - RESOLUTION - APPOINTING WILLIAM P. MULOKEY AS THE COUNCIL' S REPRE- SENTATIVE ON THE CONSULTANT SELECTION COMMITTEE FOR THE WASTEWATER TREATMENT PLANT UPGRADE AND EXPANSION FROM 2. 5 TO 6.0 MGD. WHEREAS, a Request for Proposal will be issued to select a consultant engineer for design and construction engineering services for the up- grade and expansion of the Wastewater Treatment Plant; and WHEREAS, a member of the Town Council is required to serve on the review committee to recommend a consultant to the full Council. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: _ William P. Mulokey is appointed to serve as the Council representative on the review committee to recommend a consultant engineer for design and construction engineering services on the Wastewater Treatment Plant Upgrade and Expansion. 89-92 - RESOLUTION - AUTHORIZING A CONSTRUCTION CONTRACT1FOR' THE LEESBURG MUNICIPAL AIRPORT SOUTH RUNWAY EXTENSION PROJECT WHEREAS, Resolution No. 86-26 authorizes the town manager to enter into grant agreements with the Federal Aviation Administration (FAA) and the Virginia Department of Aviation to fund ninety-five percent of a 1000 foot southerly runway extension and 25 foot widening; and WHEREAS, construction bids have been solicited, received and evalu- ated; and WHEREAS, the engineering firm of Campbell and Paris, Engineers, has certified to the town that the lowest and best bids should be accepted: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized, contingent upon FAA approval, . to execute contract documents with English Construction Company for the construction of the runway widening and extension pursuant to this bid in the amount of $1,799,790. SECTION II. The manager is authorized to execute change orders if recommended by Campbell and Paris, Engineers and approved by the FAA. SECTION III. Notice to proceed will be issued upon receipt of all bonds and insurance documentation as specified in contract documents and as approved by the FAA. 89-93 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING -ON PROPOSED ZONING ORDINANCE AMENDMENT REGARDING NON-CONFORMING SIGNS. RESOLVED by the Council of the Town of Leesburg intVirginia as follows: A Notice of Public Hearing to consider a proposed amendment to the Leesburg Zoning Ordinance regarding non-conforming signs shall be pub- lished in the Loudoun Times-Mirror on June 81;. 1989 and June 15, 1989, for public hearing on June 27, 1989, at 7:30 p.m. in the Council Cham- bers, 10 Loudoun Street, S.W. , Leesburg, Virginia 22075. 7 MINUTES OF MAY 9, 1989 MEETING. - Page 5 89-94 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF THE NORTHERN VIRGINIA ELECTRIC COOPERATIVE FOR SPECIAL EXCEPTION AP- PROVAL TO THE PLANNING COMMISSION UNDER SECTION 8-2-11-12 OF THE LEESBURG ZONING ORDINANCE I RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: The special exception application #89-1 of the Northern Virginia Elec tric Cooperative for approval of a 'height increase', in the B-2 zoning district is received and referred to the Planning Commission for their recommendation under Section 8-2-11- 12 of the Leesburg Zoning Ordinance. • The Planning Commission shall transmit its recommendation to the Council no later than thirty (30) days after the first meeting of the Commission, after the application has been referred to the Commission. 89-95 - RESOLUTION - AMENDING RESOLUTION NO. 88-223 AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR THE LEESBURG FORD SERVICE CENTER WHEREAS, Resolution No. 88-223 authorizing an agreement and approving a performance guarantee and water andlsewer extension permits for the Leesburg Ford Service Center was adopted on November8, 1988; and WHEREAS, the final development plan for the Leesburg Ford Service Center has been approved by the Director of Engineering and Public Works; and WHEREAS, the cost estimate for public improvements has been revised from $47, 757.00 to $89,087.00: I THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The amount of the irrevocable bank letter 'of credit from Farmers and Merchants Bank is amended to $89,087.00. SECTION II . All other provisions and sections of Resolution No. 88-223 ' shall remain unchanged. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. I I 89-96 - RESOLUTION - A.MENDING SECTIONS 4-A AND-8-6 OF THE .TOWN'S PURCHASING - POLICY MANUAL; On motion of Mr. Tolbert, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted: WHEREAS, due to recent amendments made to the Virginia Public Procurement Act during the last session of the Virginia GenerallAslsembly amendments are necessary for Sections 4-A and 8-8 of the town' s purchasing policy manual. 1 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the town's purchasing manual islhereby amendedlto incorporate the changes as set forth in the memorandum to the Council dated April 28, 1989, with an effective date of July 1, 1989. Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. 89-97 - RESOLUTION - MAKING APPOINTMENT TO LEESBURG BOARD ',OFIARCHITECTURAL REVIEW On motion of Mr. Lovin, seconded by 1r. Tolbert, the following resolution was proposed: WHEREAS, William F. Webb has resigned from the Leesburg -Board of Architectural Review effective December 31, 1988: I � 1 280 I MINUTES OF MAY 9, 1989 MEETING. - Page 6 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Planning Commissioner Mervin Jackson is appointed to the Leesburg Board of Architectural Review for a term ending December 31, 1991. • Aye: Councilmembers Clem, Forester, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. Mayor Sevila declared a seven-minute recess, after which Council reconvened upstairs for the budget workshop, to which the public and the press were invited. On motion duly made and seconded, the meeting was adjourned, with no fur- ther action taken. Mayor Ate-z1J1 /./A S Clerk of until I , It