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
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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.
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MINUTES OF MAY 9, 1989 meeting - Page 2
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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)
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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
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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; ;
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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.
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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.
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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:
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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.
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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
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