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HomeMy Public PortalAbout1989_12_12 '129 ;:I:.8775 CF REGULAR MEETING OF LEESBURG TOtiM CO :;CIL, ..OECE:IBE3 i2, 1939. A regular meeting of the Leesburg Town Council was held in the Council Cham- bers, 10 Loudoun Street, S.W. , Leesburg, Virginia on December 12, 1989 at 7:30 p.m. Present were Mayor Robert E. Sevila, Councilmembers James E. Clem, Christine ._. • Forester, Donald A. Kimball , Claxton E. Lovin, William P. Mulokey and John W. Tol- bert, Jr. ; also Town. Manager Jeffrey Y. Minor, Assistant Manager Steven C. Brown,! • Director of Engineering Thomas A. Mason, Director of Planning, Zoning and Develop- ment Katherine Imhoff, Planner Peter Stephenson, Public Information Officer Susan Farmer and Town Attorney George M. Martin. On motion of Mr. Tolbert , seconded by Mr. .Clem, the Minutes of the regular meet- ings of October 10, 1989, November 14, 1939 and November 28, 1989 were unanimously approved with one correction to the minutes of November 28, 1989 to refer to the "Supreme" Court Case, rather than "Spring". PUBLIC HEARING ON PROPOSED AMENDMENT TO LEESBURG ZONING ORDINANCE TO ADD AN H-2 HISTORIC CORRIDOR OVERLAY DISTRICT :Ir. Minor explained that one of the outgrowths of the original series of hear- ings both before the Planning Commission and the Council was a desire on the part of a majority of the public for some kind of design guideline or document to assist the Board of Architectural Review in the implementation of this program and the review of aoplications under the proposed H-2 district regulations . Such a document has been developed and reviewed by a five-member committee of the business community and resulted in a letter from Anne Zimmerman, one of the members of that committee , listing ten or eleven issues or concerns with that document . These have been ad- dressed and copied to Anne Zimmerman and copied to Councilmembers . Overall , they felt they had a very helpful and productive meeting. Ms . Inhoff exhibited some slides. and explained that the purpose of the .1-2 pre- ect is to implement the Town Plan goal of insuring quality urban design that is com- patible with Leeshurg's Old and Historic District. They tried to come up with de- sign guidelines that do not require identical development and . hope they are com- patible to some extent . They have been working on this for some months and did have the assistance of a consulting agency. They arranged these slides but, un- fortunately they were not able to be here because of the weather. Land and Com- munity Associates were appointed by the Governor last year on the Governor' s Com- mission to study Historic ?reservation and were very instrumental in the number of historical preservation bills that came out last year in the General Assembly. They also just won the National Landscape Architectural awards for two o_ their projects in the planning category. They won a National award for their cultural research management plan of a town in Hawaii and for their environmental assess- ment plan for a county in Pennsylvania. We have been very well served by some very widely and nationally regarded consulting agencies . They did come up with some guidelines - this book has both huilding and site design guidelines . In the appendix there is A map that shows how the overlay might work, the properties af- fected, a section on definitions and the draft legislation. These guidelines are recommendations - not requirements. There is also a draft of existing conditions. This, is mostly a photographic inventory with sort of limited verbal description. There are not a lot of copies but it is available to the public if they want to see it. This is really a two-part process - there was an inventory of existing conditions and then the design guidelines were developed after the inventory. We realize that some of the residential areas were probably more appropriately included in the H-I. There has been some discussion at the Council level about expanding the Old and Historic District . The H-1 District is very different from the proposed ii-2. The purpose of the M-2 District is broader-based design issues. They are looking at the scale of the building. It is also focused more on commercial devleopment rather than residential. It might be well not to include single-family units in the H-2 '.n=-.delines. Legal counsel has reviewed this . They are doing this based on some authority given to localities by the 1987 General Assembly that allows localities to extend historic design review -to significant routes accessed to desig- nated historic districts. The town could have applied for a charter amendment, but that would have included the whole town. The focus of the Town Plan and our vi- sion for the town is to focus on the corridors leading to the Old and Historic Dis- trict . She then showed the slides provided by the consultant, giving a vivid de- scription as the presentation moved along. She emphasized that the purpose of the M-2 is to provide attractive corridors to the downtown area of Leesburg. She encouraged everyone to refer to the legislation that is Appendix D. This area 1 starts on Route 7 West of the Old and Historic District 300 feet from the center- line; coming to the eastern boundary of the Old and Historic District and heading towards Catoctin Circle 300 feet from the centerline, from Catoctin Circle to the Route 15 Bypass 500 feet from the centerline and from the Route 15 Bypass to the • edge of town 1,000 feet from the centerline, then looking at 7-15 3ypass 750 feet from the centerline and looking at Route 15 North and South. 450 5. 57 '.. .., ..:-:aided :k. Imhoff for an excellent presentation. This is a program and concept they have been working on for over a year and has been one of the top priorities of this Council. There is one important distinction that needs to he made between the H-i and the _.-2 District - they are not trying to replicate the '1-1 District with the ':-2 District - they are trying to implement a part of the Virginia Code t•r:at, in order to protectthe historic resources and historic build- ings, you not only have to address the intense area within the core, but also those areas that form the approach. `;illiamshurg is a perfect example - there are some incompatible approaches to Williamsburg. They don' t say the wharves or adobe look are had because they are not found in t:he -.-.,toric District - they are had because they are indiginous to Leesburg. They• are looking at a time frame from 30 to 45 days, and even sooner, depending on when the application is submitted, in conjunc- tion with when the meeting might be. They foresee no delay in terms of review pro- cess. while you are getting the site plan approved , the appearance of the build- ing would be approved. i`:r. Joe Kelley of 212 East Horth Street, oho has been a resident of Leesburg since 1963, cam.pli:aented Hs. Imhoff on the superior job of shoring that we don' t need this overlay. This is doing a good job of policing itself. There is an old song called "Sixteen Tons" - "if the right hand don' t get you, the left hand will. " lie feels that, if the new ordinance doesn' t get us, certainly the R-2 Overlay will. The [i-2 ordinance is . basically, "a wolf in sheep' s clothing." It looks pretty but , internally, there lies a real peas: that can be abused. It will create more problems than it will solve. The- problems will occur when a lay body, guided by staff untrained in architecture, attempts to enforce design, taste and fashion. The definition of "good taste" varies. Design guidelines have much more potential for abuse - they could he used to prohibit businesses expressly permitted in the zoning ordinance. The review process will add a lot of time, cost and unpredict- ability to the developer. he doesn' t feel the Sy-pa=s is .a corridor lead:sag to the Historic District to begin with because it circles the town - he feels it is very questionable. :e sees no historic significance or tourist attraction to the :1;y-.)ass. It is more like the Indianapolis iipeedway as people drive 62 mph' aroun:S it to get ' to both sides of Route 15 and 7. The buildings currently on `'1e - •. _ ass could not qualify if trey make any changes . Se is current part-owner of _ eLoudoun 'enn_s Club, which is about feet high. here is a chain. link fence arourni the swimming pool and that is not allowed. It impacts buildings that are no: even .is`_b:e from `hese corridors. If you go back 750 feet from the 3y-pass, you are back heyon= Yort Evans Road. Why does this address just commercial businesses and apartments? doesn' t it address single-family homes? It is unfair to leave these people out - they should be included. It looks like a beauty pagegt, with staff and board act- ing as judge and jury. It will create a lot of problems - all the energy being put into the ordinance should be directed into keeping the two largest employers that are now leaving Leesburg. We all want to keep the County and the Hospital in Leesburg - and we are worried about development in Leesburg. He feels we are in for some real problems - instead of discouraging, let 's try to be a little more en- couraging. We are going to have a great deal of economic problems - he wonders who is going to pay the tax bill. Hr. Royce Givens, who works here and still owns property .,__e, felt the town is about to make a decision which will have far-reaching consequences - probably only lir. Tolbert remembers two similar decisions with equally far-reaching con- sequences which were taken in haste and without good thought h_" the governing body of Loudoun County. Removal of the Washington and rid Dominion 'aiiroad was thought at the time to be a reasonable and perfectly natural decision - today we know it was wrong. LikewiSec, a decision not to allow the electricalgeneration plant on the Potomac River into Loudoun County allowed it and its taxes be placed in ::ary- - land and its pollution and unsightliness in Virginia. There -care those who thought the present Zoning ,irdi.nance would not have allowed the developments about which there seems to be much concern today. Phe enabling statute of the ordinance requires the Town Council to make cer- tain findings of fact before the ordinance can be adopted. 'base are under oeetion 15. l-43O(b) , the area to be protected must be a historic zone: (2) the parcel of la sought to be covered by the ordinance must be contiguous to an arterial :ii_ 'huay, as define:; in 3ectien 33. 1-25 of the Code.„)T e arterial .-t gh:ai -lust: :-e foun•: to be a significant route of access to esignate d historic are' .,/ Structures in the new zone must be arenatecturaily compatible with the his- toric area in the protect:_d zone. The reading of � ae propose; ordinance an;.. : ... materials provided make the summary conclusion that all of the appropriate find- ings are in place, however, ne has not found. the necessary detailed set of facts to support the findings, especially 2, 3 and 4. Uithout these findings, the ordi- nance is constitutionally flawed. -'hy would. you enact an ordinance which will be subject to an immediate ani successful challenge in court? boning through litiga- ":on is expensive .a-: ' cou.te.r-nro.:uccf.ve. I Yr MINUTES OF DECEMBER 12, 1989 MEETING. As to Finding No. 2 , Section 33. 1- 26 of the Code of Virginia, defines an ar- terial highway. Subsections 2 and 3 indicate that some of the proposed roads do not meet the standards for an arterial highway. They are not four lanes and they do not carry substantial volumes of through traffic. King Street north and south of the.H-1 zone is still two lanes . He reviewed a group of slides , explaining at he went . All of these are in the Historic District and are now commercial. The Historic District (Route 15 By-Pass) clearly does not carry tourist traffic to the historic area, but rather around it and away from it. By definition, this road- • way does not meet the necessary findings of fact. There has been no finding of what Leesburg architecture is.Therefore, the draft of the Design Guidelines empha- sizes building scale and roof lines . He reviewed a series of examplesof several roof lines apparently existing in the H-1 zone. These are not liable to he signi- ficantly altered or demolished in the foreseeable future. The elimination of single- family detached homes from the controls of this ordinance releases all of West Mar- ketl Street except the Lutheran Church. A cluster of ugly homes painted had colors or constructed of lava rock would be just as distasteful as a poorly designed and constructed commercial or multi-family structure. By the exclusion -of single-family detached homes, you have excluded 95 percent of this property that would be affected. However, the property owners of the property that is affected can vote with their economic action or their political voice. The over-development of residential areas creates an intolerable tax burden on those residences. Each residence costs the government more than it produces in tax revenue. Taxes in this H-2 zone are clearly intended to eliminate or otherwise cripple commercial development Such a selection out of the effectiveness of the ordinance is clearly unconstitutional . in earlier times, similar attempts were made to keep the wrong kind of people out of certain areas. By the '.1-2 zone, you have said "If you have enough money you can buy a lot and build anything you want on it if you call it a residence." Likewise, the ordinance excludes virtually all the property on South King Street outside the By- pass as this land is currently slated for residential development to the east of Route 15 and is presently developed as residential property to the west. Much of the pressures for this ordinance came from the voters in this area until they dis- covered it would regulate their homes. He supposed they are as- much concerned as others who oppose the H-2 zoning in total as to the competency and effectiveness of any Board of Architectural Review. These buildings have been through the process and look very historic and very old. For the town to control only businesses in the H-2 zone has no additional basis if the effort is to control visual appearances. For the town to take such a position demonstrates intellectual dishonesty. Whether it ' s an ugly business or an ugly home, it ' s still an ugly structure, whatever ugly is. The arbitrary and capricious line drawing of the application of the zone takes into no account the existing topography features of the land. Route 15,East Mar- ket Street and areas outside the overlay zone are nevertheless visible. There will be areas of land to the north which will oe within the H-2,, but not visible from Route 7 . This arbitrary line drawing will create pressure on developers to conform • within the zone and create non-conforming but economically feasible structures out- side the zone. These structures will he visible from acute 7 and will create Pru impact on the "eye" as one approaches the historic area. The arbitrary line draw- ing will result in the town being drawn into litigation for properties which are not visible from the corridor but , nevertheless , within the zone. The town will be unsuccessful in these cases. Why should the town be spending precious tax re- sources on needless ,litigation? The enabling statute envisions that the corridor protecting the historic zone should be reasonable in terms of its scale as relates to the area to he protected. The historic zone is currently no more than a mile east and west, north and south. However, the distances which the town seeks to control are clearly at least two miles to the east, two to the south, one mile to the west and two miles to the north. To challenge the ordinance on its scale would be successful on its face. There is no Leesburg style to which everything outside the historic area should conform. The architectural variety within the historic zone is intense and extensive. There is no common denominator - this is not Co- lonial Williamsburg. ?Many of the designs prohibited in the H-2 ordinance are a - lowed in the historic zone. In the 11-2 overlay zone, there is an attempt to prohibit the exterior display of products for sale - this would prohibit Jock's Exxon from displaying tires, oil, etc. This is making uses more burdensome in the overlay zone than the area they are seeking to protect . This is another example of intellectual dishonesty as well as faulty legal draftsmanship and failure to recognize the reality of the historic zone as it exists. Another example of what would be pro- hibited is the so-called blank wall . The Peoples National Bank building and the County office building would not be allowed in that zone. Yet they are permitted and lauded as fine examples of "period" architecture. The guidelines speak of design expression and seek to control ''trade mark" buildings and artificial theme build- ings - there are no less than ten of such buildings already in existence. Chain- link fences are offensive, but are here to stay as long as the County Government stays. The scale of the new Town Hall will completely overshadow other buildings . :ie suggested that they not adopt this ordinance in any fashion. wu y E? 12, 1959 T L^ Nancy Jackson, with the 'Dittmar Company, owners ani operators of Leesburg Westpark and the golf course, said this is the first they had heard of this ordi- nance that affects their property. They have reviewed the proposed regulations and have a few brief comments . They are opposed to the proposed overlay - this • _ti would add to the cost Of _ievelop::aent and would he passed on to the buyer. They were told that individual notification was required - it is required because of potential impact to other owners. If _hey were not required, they paid $14,•- year. �_t seems like they could have heard about this. tBoc; in income taxes :as. can this purpose be achieved when detached single-family homes cannot -._ included Is the Law enabling suc_-, contracts as rent to give us this arterial street ]a:'_ h;_gnway? People get on the 3y-.aa-ss to go `fast and move more quickly around town. Mr. Fred ':etzel, Gr. , a resident of Leesburg for many years, was here tonight as a representative of the Loudoun County Preservation Society. l:_ is author- ized co say:hey believe that the principles outlined in this ordinance are very sound . Me chinks they should be enacted. :'e personally feels the sane way be- ..fuse of the time limit. :'e wants the record to show that they expect to act favorably in this particular issue. iloodrou U. Turner said he will be in touch in the near future. Mr. Michael Banzhaf, of Hazel, Thomas, Fiske, Beckham & Hanes, representing Leesburg East II Associates, Ltd., said his client owns about 94 acres of land in the northeast coroner of Route 7 and the By-Pass east of Leesburg. They are Con- cerned because of the H-2 corridor planned:. employment designation. Leesburg East would like to rezone this land to PEC category. He understands there is a question as to whether this is the place to build a new office building or if this is the kind of thing the General Assembly had in mind. No other County or City in the State has issued this kind of advertisement. Perhaps some better basis is warranted. Mr. Minor said 750 feet is a control area - not a setback. Mr. John R. Wright has been a partner in Tuscarora Creek Apartments at the end of Clubhouse Drive. Since they are just beginning construction on this project, he has been advised that they are in a historic district. These are multi-family units under the ordinance - single-family houses are not. He feels Council should come up with some alternative to this that is fair to the people in the community. They are in danger of losing business. The town is busily building Ida Lee Park and Dodona Manor, which will require tax revenue to sup- port them. They need to make it much more positive for the development community and try to help them rather than add another layer. Mr. Peter Kalaris was here on behalf of the owner of 337 acres south of the By-Pass running along Route 15 south. He agrees with much of the analysis given by Mr. Givens and others here tonight. Mr. Peter R. McKee, Jr. , of Hunton and Williams, on behalf of Pence-Friedel Developers, Inc. , agreed with all comments that have been made tonight. His client owns property on the outside perimeter of the By-Pass - it should certainly not be deemed in the proposed H-2 corridor. The town's preservation ordinance is ex- tremely expensive. The public hearing was closed. Mayor Sevila said they will accept written comments from those present and those who could not be here tonight for ten (10) days frommtonight, and longer if Council's deliberation goes beyond next regular meeting of the Council. Mayor Sevila said he would not undertake to rebut - we are not debating the public - we just want to hear what they have to say. His real concern is the loss of the hospital and the potential loss of the County Government - he hopes these things will not come to pass. The town is trying to meet these things and the people are invited to meet with the County. They are the ones that developed the actual plan that would be before the Board of Supervisors with a potential site for $450,000 for a new County Office. He thinks this is centrally located in or near Leesburg. The sites brought up do show that, under historic regulations, they were approved. They would probably have been subject to our control. He wants the public to understand that this is an important point of this whole pro- cess. They have raised some good points and we have had a number of lawyers. He would like legal counsel to report back to Council and itayor - he wants to he sure they will need to look specifically wt some of the other questions - is it pre- mature or does it give implications? We really should look at this and get a full report back. 433 MINUTES OF DECEMBER 12, 1989 MEETING. Mr. Minor said the people that spoke here tonight were glad they were here. The issue of the By-Pass is certainly one that they discussed in terms. that these are arterial roads - not King and Market Streets. We have an opinion from our at- torneys, which does not mean that they have a lesser value of such things. Per- haps we could say that some of the comments that were made are not valid. They want to see the people make their own architectural control - it was never our intention to reduce the possibility of growth along this corridor. We expect there to be large attractive office buildings - the kind you see at the Loudoun Technical Center. We don' t expect development along the corridors to mirror other things. They would disagree and would say that Council agreed that there were things shown on these slides that would make this a better place. This is what we are trying to address. They have looked at this and don' t have it writ- ten in any other regulations - they have also addressed single-family. He said there have been some excellent points made tonight and some of them are legal is- - sues that they have dealt with. They will try to have more information in the fu- ture. The record will be kept open for written comments from the public for ten days from tonight or longer if possible. Councilmember Lovin said he is a member of the Board of Architectural Review . and most of this would be covered by the BAR. They had nine people trying to represent the people of Leesburg tonight - we heard from both sides. He appre- ciates those who spoke tonight trying to make their points valid. With regard to the County and the Hospital situation - he hates to see these go out of the Old and Historic District - the Town has invested in this District. Councilmember Kimball said that, as a representative of the Town, he person- ally feels they need to strike a balance to the needs of the public. On motion of Councilmember Forester, seconded by Mr. Tolbert , Council voted unanimously to send this back to the Planning and Zoning Committee for the Janu- ary 3rd meeting. COUNCILMEMBER COMMENTS: Mr. Tolbert introduced Mr. and Mrs. Harrison (in the audience) who bought his former home on South King Street. He also asked councilmembers to display red ribbons on their cars during the Christmas season to support MADD (Mothers Against Drunk Driving) . Mrs. Forester announced that the Planning Commission has cancelled its meetings for the 21st and 28th of December. Mr. Clem reported that there were four people at the Listening Session this past Saturday - they had a very interesting discussion on the storm water issue. He wished everybody a Happy Holiday and reminded them to be cautious of Christmas decorations. He also encouraged everyone to watch their loved ones that appear "down" or discouraged or upset, if they suddenly become jovial - it is obvious that they have made up their mind. You are going into the "suicide" time. Mr. Lovin congratulated Spring Ewald, fifth grade student at Catoctin Elementary School, who won the Christmas Card Contest. He also commented on "First Night Lees- burg", which was held in spite of the rain. He wished everyone a Happy Holiday Sea- son and a safe New Year' s Mr. Mulokey had a very unhappy experience last Friday when he attended a brief- ing of Loudoun Hospital where the executive officer attempted to explain the Hos- pital ' s decision to move out of Leesburg. They can' t understand why they came to the conclusion that they must move out of Leesburg. It is significant that they said they will not be in a financial position to move for the next three years. He sug- gested that all citizens communicate to the Board of Directors of the Hospital their displeasure with the Board' s decision. He thinks this is premature. Mayor Sevila reported that Mr. Harrison, Chairman of the George C. Marshall Home Preservation Fund, traveled to Germany from December 3rd until yesterday. He prepared a memo summarizing his visit and gave it to staff to read tonight and left a letter that he was going straight home and go to bed. Mayor Sevila read his statement . Mr. Tolbert congratulated Mr. Mulokey for using his trip as a stepping stone to get this $30,000. He joined other councilmembers in saying Have a Happy Holiday. They have cancelled their committee meeting of the 20th and the Council meeting on the 26th. He wished everyone a very Happy and Safe Holiday. i- MINUTES OF DECEMBER 12, 1989 MEETING. MANAGER' S REPORT Mr. Minor mentioned the bad news that Tom Rio is resigning effective January 12th. Mr. Tolbert was here when Tom Rio was hired as a public facilities inspec- tor. He personally had opportunity to know Tom on two separate occasions. They would like to keep him here in Leesburg. The town is involved in a number of capital projects . He will be in charge of all the construction on projects there. They have lived in Brunswick for many years and their children are just about out of school. Most of their friends and relatives are in this area. Tom has meant a lot to us and a lot we have achieved in our capital projects over the last five years. N We share the reaction to the Hospital Board announcement. He is a little re- luctant to comment on their decision to move to this other location. He talked with Mr. Potter a couple of weeks ago and gave him a map, etc. that we have ex- cellent access for a future hospital location. Hopefully, the hospital may modify its position - we had a very positive meeting with them. The ad hoc committee tentatively plans to release a report that evaluates the economic im- pact of the potential move out of town. He thinks we are doing all we can - it will be the decision of the Board. LEGISLATION: On motion of Mr. Clem, seconded by Mr. Tolbert, the following ordinance and . resolutions were unanimously adopted.by consent( - — - 89-0-32 - ORDINANCE - AMENDING A PROFFER PERTAINING TO THE RICHLYNN DEVELOPMENT PROPERTY OF SYCOLIN BUSINESS GENERAL PARTNERSHIP : #ZM-113 WHEREAS, Sycolin Business General Partnership on August 13, 1989, for a Leesburg Zoning District Map Amendment to amend Proffer No. 19, Condition #9 of parcels 1B and 2 zoned PD-IP as part of the Richlynn Development Incorporation, as set forth in Ordinance No 85-0-30; and WHEREAS, Rezoning Application #ZM-113 by Sycolin Business General Partnership was received and referred by the Town Council to the Planning Commission for review and recommendation on August 19, 1989; and WHEREAS, a joint public hearing on this application was held on October 24, 1989; and WHEREAS, the Planning Commission recommended conditional approval of this appiiration on November 16, 1989; 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 additional monies to the general transportation fund, and permitting architectural review of warehouse use by the Town; and WHEREAS, the 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 and convenience: THEREFORE ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Condition numbers 8 and 9 of the December 11, 1985 proffer by Richlynn Development pertaining to zoning map amendment #ZM-58 are amended and a new condition number 16 will be added to read as follows: 8. The owners of Lots 2 and 1B will contribute 40 cents per square foot into the Leesburg general transportation fund for all office space over 40,000 square feet prior to the time the first zoning permit is issued. 9. The principal uses of Lots 2 and 1B shall be limited to the following, subject to the requirements and limitations of all applicable regulations and ordinances: 1. Commercial office buildings. 2. Warehousing and distribution on a small scale, integrated with other uses, and in buildings similar architecturally to those currently in Ward's Leesburg Airpark, and other building sketches enclosed herein. These uses are subject to architectural review and approval by the Town. 4,is • 3. Auxiliary commercial uses, limited to 30,000 square feet of net floor area, and shall be integrated with other uses. 4. Research and Development as defined: "Basic and applied investigations in the natural, physical or social sciences directed toward the discovery, invention, design or establishment of new products and services." 5. Manufacturing, assembly and fabrication shall be by special exception, and as defined: "The processing, fabrication, assembly, distribution of projects such as: scientific and precision instruments, photographic equipment, household appliances, toys, sporting and athletic goods, glass products made of purchased glass, electric lighting and wiring equipment,industrial controls, radio and TV receiving sets, optical goods and electrical machinery." 6. Public utility facility, minor. Outdoor storage, communication towers and industrial uses shall be by special exception. All permitted and permissible land uses are to comply with appropriate state, local and federal government regulations. 16. The following uses shall be prohibited from Parcels 2 and 1B: • o Storage, manufacture or disposal of hazardous materials o Research, experimental, testing and development activities of a controversial or dangerous nature due to environmental impact o Industrial or manufacturing uses that create danger to health and safety, create offensive noise, vibration, smoke, dust, lint, I odor, heat, glare or electrical impulse. SECTION H. This ordinance shall be in effect upon its passage. 89-248 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR REZONING APPLICATION #ZM-109 - EDWARDS LANDING (FORMERLY POTOMAC CROSSING SOUTH) BY PINNACLE DEVELOPMENT CORPORATION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider rezoning application #ZM-109 Edwards Landing (formerly Potomac Crossing South) by Pinnacle Development Corporation shall be published in the Loudoun Times-Mirror. The notice shall be published on January 3, 1990 and January 10, 1990 for public hearing on January 23, 1990, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia 89-249 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR REZONING APPLICATION #ZM-110 - KINCAID FARM (FORMERLY TUSCARORA FARMS) BY FIRST POTOMAC DEVELOPMENT CORPORATION RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider rezoning application #ZM-110 Kincaid Farm (formerly Tuscarora Farms) by First Potomac Development Corporation shall be published in the Loudoun Times-Mirror. The notice shall be published on January 3, 1990 and January 10, 1990 for public hearing on January 23, 1990 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia 89-250 - RESOLUTION- AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR TAVISTOCK FARMS SECTIONS 11 AND 12 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Tavistock Farms Sections 11 and 12. 136 SECTION H. The extension of municipal water and sewer for Tavistock Farms Sections 11 and 12 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from the Perpetual Savings Bank, FSB in the amount of $882,694.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Tavistock Farms Sections 11 and 12. 89-251 • RESOLUTION. AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR TAVISTOCK FARMS SECTIONS 13, 19, 20 AND 21 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the improvements shown on the plans approved by the Director of Engineering and Public Works for Tavistock Farms Sections 13, 19, 20 and 21. SECTION H. The extension of municipal water and sewer for Tavistock Farms Sections 13, 19, 20 and 21 is approved in accordance with Sections 15-9 and 19-18 of the Town Code. SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from the Perpetual Savings Bank, FSB in the amount of $1,637,094.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Tavistock Farms Sections 13, 19, 20 and 21. 89-252 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION IN WOODLEA MANOR PHASE I WHEREAS, the Town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Woodlea Manor Phase I and certified that the value of work , performed is $2,447,000.00; and WHEREAS, an irrevocable letter of credit from Home Federal Savings and Loan Association in the amount of $3,221,000.00 has been provided by the developer and approved by Council to guarantee installation of public improvements for Woodlea Manor Phase I; and WHEREAS, Resolution No. 89-245 adopted by the Town Council on November 28, 1989 reduced the liability for the irrevocable letter of credit from $3,221,000.00 to $2,447,000.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from Home Federal Savings and Loan Association in the amount of$2,447,000.00 is reduced to $774,000.00. SECTION H. The Town Manager shall notify the developer that liability for the irrevocable letter of credit has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the Town or relieve the developer of responsibilities outlined in the contract for public improvements for Woodlea Manor Phase I. 89-253 - RESOLUTION . AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF ROAD IMPROVEMENTS TO ROUTE 643 ALONG THE FRONTAGE OF THE WARD COMPONENTS PLANT WHEREAS, Ward Corporation, the developers of the Ward Components Plant have not completed all the required road improvements along Route 643 in accordance with the approved construction drawings and town standards within the one year period authorized by the Council in Resolution No. 88-260; and WHEREAS, a letter of credit from The Washington Bank in the amount of $34,802.00 has been provided by the developer to guarantee the installation of the road improvements; and WHEREAS, the Ward Corporation has requested a time extension to allow_the road improvements to be constructed in the spring of 1990: 437 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The irrevocable letter of credit from The Washington Bank in the amount of$34,802.00 in a form approved by the Town Attorney and an extension of six months for the installation of the road improvements to Route 643 are approved. 89-254 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLATION IN POTOMAC CROSSING SECTION IF. WHEREAS, The Town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Potomac Crossing Section 1F and certified that the value of work performed is in excess of$336,800.00; and WHEREAS, an irrevocable bank letter of credit from United Savings Bank in the amount of $421,000.00 has been provided by the developer and approved by Council to guarantee installation of public improvements for Potomac Crossing Section 1F. THEREFORE, RESOLVED by the Council of Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from United Savings Bank in the amount of $421,000.00 is reduced to $84,200.00. SECTION H. The Town Manager shall notify the developer that liability for the irrevocable letter of credit has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute acceptance of public improvements by the Town or relieve the developer of responsibilities outlined in the contract for public improvements for Potomac Crossing Section IF. • 438 1 439 MINUTES OF DECEMBER 12, 1989 MEETING. 89-255 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR THE STORMWATER MANAGEMENT MASTER PLAN On motion of Mr. Clem, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of Public Hearing to consider adoption of the Stormwater Manage- ment Master Plan, prepared by Camp, Dresser and McKee, Consulting Engineers for the Town of Leesburg, shall be published in the Loudoun Times-Mirror. This notice shall be published on December 21, 1989 and December 28, 1989, for public hearing on January 9, 1990 at 7 :30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. Mr. Kimball commented that this has been somewhat of a thorny item. He thanked Mr. Minor for his insight in recommending that they engage in a hearing of this sort to consider citizen input. This is a real positive step. He hoped those very interested people would avail themselves of this opportunity. Mayor Sevila said staff has written a very lengthy explanation of Council and staff action to citizens who are directly affected. He referred to comments made by Ms. Jackson, a non-resident corporate owner of property within the town, who complained that they did not receive actual notice of the pending H-2 hearing - that 's unfortu- nate. He wondered if there is a way of doing a better job of getting notice out. Mr. Minor said this is actually the third public hearing on this matter - he felt the media has given excellent coverage to this. Every issue for the last five issues of The Lamplighter (which goes to that business) has prominently covered this subject. This person did know about it and came and spoke to Council and has an opportunity to reflect even further and to give even more comments in writing. Mr. Kimball felt that establishing a public hearing for the Stormwater Management Master Plan is a further extension of that idea that we want things in the open and search for citizen input. U 89-25.6 - RESOLUTION - INITIATING AN AMENDMENT OF THE LEESBURG ZONING DISTRICT MAP TO EXPAND THE H-1 OLD AND HISTORIC LEESBURG DISTRICT. On motion of Mr. Lovin, seconded by Mr. Clem, the following resolution was proposed and unanimously adopted after brief discussion: WHEREAS, the properties being proposed for inclusion into the Old and Historic Leesburg District contain architecturally and historically significant or compatible buildings such that their preservation would be warranted and would contribute to the public welfare of the Town of Leesburg; and WHEREAS, the preservation of the buildings in the proposed expansion area would be of educational benefit to Leesburg's citizens; and WHEREAS, a majority of the property owners support the expansion of the Old and Historic District ; and WHEREAS, approval of the proposed Old and Historic District expansion would further the purpose and intent of Leesburg' s Historic District Regulations Town Plan goals: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: I SECTION I. An amendment of the Leesburg Zoning District Map is initi- ated by the Town of Leesburg to include 406-426 South King Street, 305- 430 West Market Street , 6 Wilson Avenue, 10-102 Morven Park Road, and 9 and 21 Ayr Street within the Old and Historic Leesburg Distric5 H-1 zoning district overlay. SECTION II. This amendment of the Leesburg Zoning District Map is re- ferred to the Planning Commission for public hearing and recommendation under Chapter II, Title 15. 1 of the 1950 Code of Virginia, as amended. The Planning Commission shall report its recommendation to the Town Coun- cil on the proposed amendment within 30 days of the public hearing. 440: MINUTES OF DECEMBER 12, 1989 MEETING. SECTION III. As per Section 3B-8 of the Leesburg Zoning Ordinance, the Board of Architectural Review shall make its recommendation to the Town Council prior to adoption. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. 89-257 - RESOLUTION - ENDORSING THE DULLES TOLL ROAD/HARRISON STREET CONNECTOR STUDY - PHASE I, PRELIMINARY ACCESS REPORT PREPARED BY TOWN OF LEESBURG STAFF. On motion of Mrs . Forester, seconded by Mr. Mulokey, the following resolu- ' tion was proposed: WHEREAS, the Transportation Policy Map element of the Town Plan 1986, as amended, reflects the conceptual alignment of a new minor arterial road between the future interchange of the Dulles Toll Road Extension (Route 267) inside the Route 7/15 Bypass to the intersection of relocated Harri- son Street at Catoctin Circle; and WHEREAS, the November 1988, Town Plan update provided that the town should re-evaluate this conceptual minor arterial connector road; and WHEREAS, due to the increased pace of planning for the Dulles Toll Road Extension, a contract for engineering services was awarded to Kamber Engineering, Inc. on April 12, 1989, following Town Council authoriza- tion, to investigate the feasibility of the conceptual connector road, and to determine whether the proposed Toll Road/Bypass interchange de- sign would accommodate an extension inside the Bypass; and WHEREAS, Kamber Engineering, Inc. in association with Bellomo-McGee, Inc., prepared an analysis dated November 3, 1989, including traffic generation projection and a roadway design/alignment analysis ; and WHEREAS, this analysis, which was presented to the Planning and Zoning Committee of the Town Council on November 8, 1989, recommended that the conceptual connector road remain a part of the Town Plan transportation policy map. The roadway network proposed by Kamber Engineering, Inc. , however, did not conform to the adopted conceptual roadway network of the Town Plan and did not achieve appropriate inter-parcel connections; and WHEREAS, in response to concerns raised regarding the estimated costs and benefits of the conceptual toll road connection inside the bypass, as well as access to the connector proposed by Kamber, the town manager's office directed the town' s Planning, Engineering, and Public Works departments to further evaluate this conceptual transportation network; and WHEREAS, town staff prepared a conceptual alignment and access study map dated November 28, 1989 in accordance with the Town Plan as part of a Phase I Preliminary Access Report dated December 1, 1989 to Mayor and Council, which can physically implement the Town Plan road network in this area: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Town Council hereby endorses the Dulles Toll Road/ Harrison Street Connector Study - Phase I Preliminary Access Report dated December 1, 1989, including the conceptual alignment and access study map dated November 28, 1989, as prepared by Town of Leesburg staff. SECTION II. The Manager is directed to prepare the Phase II Cost/Benefit Analysis based on the Phase I Preliminary Access Report conceptual align- ment, in lieu of the proposed Kamber Engineering, Inc. roadway design/ alignment analysis. Mayor Sevila felt they hoed/what is appropriate. This takes in a lot of our goals and objectives. (transportation, economic development and otherwise) . The report we received back was not sensitive enough to some of the properties that were contiguous to it that would have been denied access, both to Harrison Street and to the By-Pass. He felt staff has done the correct thing and Council, like- wise, has done the correct thing. The resolution was unanimuously adopted: Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. 1, Nay: None. 44I! MINUTES OF DECEMBER 12, 1989 MEETING. 89-258 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING COMMERCIAL ZONE DISTRICTS, RESIDENTIAL ZONE DISTRICTS, DEFINITIONS, SPECIAL EXCEPTION REGULATIONS, HOME OCCUPATION REGULA- TIONS, TEMPORARY USE REGULATIONS AND THE OFFICIAL ZONING MAP OF THE TOWN OF LEESBURG, AND REPEALING THE LOUDOUN COUNTY ZONING ORDINANCE AS ADOPTED BY THE TOWN OF LEES- BURG ON NOVEMBER 23, 1983. On motion of Mr. Mulokey, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: A Notice of Public Hearing to consider comprehensive amendments to the Leesburg Zoning Ordinance and the Official Zoning Map of the Town and repealing the Loudoun County Zoning Ordinance, as administered within the town, shall be published in the Loudoun Times-Mirror on December 21, 1989 and December 28, 1989 for public hearing on January 9, 1990 at 7:30 p.m. in the Council Chambers , 10 Loudoun Street, S.W. , Lees- burg, Virginia 22075. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. 89-259 - RESOLUTION - AUTHORIZING AN AMENDMENT TO THE LEESBURG PURCHASING POLICY. On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following resolution was proposed and unanimously adopted: WHEREAS, this Council has reexamined the need for direct Council partici- pation i oltaff selection committees for professional services procurement, which is /a requirement of the State procurement statutes; and WHEREAS, Committee and Council review of proposed contracts, based on technical staff recommendations is generally a more effective process for Council participation in the selection process unless the services to be provided are at a significant cost and/or will address major pub- lic policy issues: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Section 8. 2-5 of the Leesburg Purchasing Policy, as revised September 23, 1987, is hereby amended to include the amendments as attached. Section 8.2-5 Evaluation Factors and Award. Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals on the basis of the factors involved in the request for proposals, including price if so stated in the re- quest for proposal. Negotiations with a committee appointed by the Manager shall then be conducted with each of the offerors so selected. inhere-the-cost-ef-the-services-exceed-$35;880-the-review-committee shall-incinde-a-member-of-8onnci}-appointed-by-the-council. The Mana- ger shall advise Council when the cost of the services is expected to exceed $100,000 and the Council may then choose to appoint one of its members to serve on the review committee. Price shall beiconsidered but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the purchasing agent shall select the offeror which, in his opinion, has made the best pro- posal and shall award the cotract to that offeror. Should the purchas- ing agent determine in writing and in his sole discretion that only one offeror is fully qualified, or that one factor is clearly more highly qualified than the others under consideration, a contract may be ne- gotiated and awarded to that offeror. Mayor Sevila asked what the procedure would be for notifying Council? Mr. Minor said it would be in the form of a memorandum and placed on the committee agenda if it is over $100,000 - then Council would decide, not only who would get the appointment, but also whether or not you would choose to do so. In most instances, the Council is making the conclusion that, for hiring geotechnical people, traffic 44: . MINUTES OF DECEMBER 12, 1989 MEETING. engineers, or whatsoever, a review of a technical staff recommendation is satis- factory. In all cases, where that amount is expected to be over $100,000, you would be notified and you would make that decision. You would probably want to have a member on the $150,000 contract for Phase II Master Plan for Ida Lee Park. Who you select will decide what happens. You will see everything over $100,000. Mr. Kimball felt this is a sizable amount to exclude a councilmember. He noted that, at the committee meeting, Mr. Minor pointed out that this was a policy - a resolution that was enacted by a previous council and that there was no re- quirement for this initially. Mr. Minor suggested adding at the end of the first "Whereas" the following: "which is not a requirement of the State procurement statutes." There followed further discussion concerning this between the Mayor and the Manager. Mayor Sevila also commented that they will all experiences the departure of Tom Rio - he and Tom Mason have decided on engineering matters. He understood his friends and colleagues are very much upset by the announcement of his departure. We will miss him, particularly when it comes to reviewing contracts. The resolution was unanimously adopted, with the additional language II included. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. 89-260 - RESOLUTION - AUTHORIZING A CONTRACT WITH FAIR MANUFACTURING, INC. FOR PROCUREMENT OF A LOADER MOUNTED SNOW BLOWER. On motion of Mr. Clem, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, the Town of Leesburg duly advertised and received bids on December 6, 1989 from five prospective equipment suppliers to provide a loader mounted snow blower in accordance with published specifications and pursuant to State and local procurement laws ; and WHEREAS, the lowest responsive and responsible bidder for the snow blower was Fair Manufacturing, Inc. of Menno, South Dakota in the amount of $28, 180.00. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The Town Manager is hereby authorized and directed to issue a standard pur- chase order to Fair Manufacturing, Inc. of Menno, South Dakota in the a- mount of $26,180.00 for the purchase of a 1990 742 SI-MS snow blower. It was explained that this snow blower will be delivered thirty days from receipt of the purchase order. It will primarily be used at the Airport and in downtown areas for physically removing and loading snow on King Street, the town parking lot and other areas. The resolution was unanimously adopted: Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. 89-261 - RESOLUTION - ACKNOWLEDGING FUTURE GROWTH ALONG THE DULLES TOLL ROAD EXTENSION CORRIDOR WEST OF LEESBURG AIRPORT. On motion of Mrs. Forester, seconded by Mr. Mulokey, the following resolution was proposed: WHEREAS, the Leesburg Town Council and Loudoun County Board of Supervisors are on record unanimously supporting an extension of the Dulles Toll Road to the Route 15 by-pass in Leesburg; and WHEREAS, enabling statutes for private toll roads in Virginia do not permit condemnation of necessary right-of-way, thus the financial viability of the Virginia Toll Road Corporation (VTRC) proposal depends on right-of-way dedi- cation along the proposed alignment; and WHEREAS, the Alan I. Kay Companies, own 191 acres west of Leesburg Munici- pal Airport of which 25 acres are located within the corporate limits; and WHEREAS, the proposed toll road alignment will cross this property and WUW has requested a 46-acre dedication necessary to constrgct the road; and 1443; MINUTES OF DECEMBER 12, ;989 MEETING. WHEREAS, the Alan I. Kay Companies have expressed reluctance to dedicate this land without some assurance from local government that future land use will be secured to accommodate an urban development pattern adjacent to the airport necessary to economically justify the land donation; and WHEREAS, the extension of the Dulles toll road to Leesburg will provide a limited access link with the Metropolitan Washington area and an alterna- tive to Route 7, thus making this improvement to Leesburg the town' s most important transportation project during the next decade; and WHEREAS, the Joint Policy Committee of the Annexation Area Development Policies (AADP' s) lacks adequate time to address this issue prior to filing of the requisite applications before the State Corporation Commission; and WHEREAS, the recent Stratford rezoning on land north of the airport incor- porated public land dedications in excess of 28% of the total property, in- j cluding 50 acres for the Dulles toll road extension; and WHEREAS, construction of the Dulles toll road through the Alan I. Kay Com- panies property coupled with annexation of the balance in the county, will greatly enhance the value of the entire 191-acre tract; and WHEREAS, this Council wishes to acknowledge that in 1994, or sooner if the county and town agree, annexation of an area west of Leesburg Airport, in- cluding the Kay parcel, will be appropriatdybased on the progress of the toll road extension to Leesburg; and WHEREAS, this Council wishes to assure the Board of Supervisors that it intends to take a bilateral approach to resolving the jurisdictional, utility and land use issues affecting this tract through the Joint Policy Committee of the AADPs in the coming months: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The town supports the future filing of appropriate petitions to annex by ordinance or by other appropriate methods the 166-acre : Kay property west of Leesburg Municipal Airport by 1994 and recognizes that such incorpora- tion will carry a responsibility to appropriately zone the property to meet urban densities consistent with the town' s land use policies and the development pattern within the Leesburg Airport area. The Council fur- ther acknowledges that an appropriate value should be considered for any land dedication to facilitate the Dulles Toll Road extension during the rezoning process as normally performed by the town during its review of proffered rezoning applications. Mr. Kimball asked the significance of the 1994 date? Mayor Sevila explained that, under the Court Order that was part of the 1982-83 annexation, with an effective date ofJanuary 1, 1984, the town could not engage in any further annexation without the consent of the County until 1994 - basically a ten- year period. To Mr. Kimball' s question concerning acreage, Mr. Minor ex- plained that this is all Kay property. He further believed that the Mayor and Council and he, in reading news accounts and talking to major players in the Toll Road saga, have basically come to the conclusion that, without town intervention, there is a strong possibility that the unanimous objective of the Town Council and the County for a toll road extension to Leesburg will not be achieved. The Mayor's letter presented to the AADP' s basically said that, if there is a lack of resolve on the part of the Virginia Toll Road Corporation or a lack of cooperation on the part of the Kay Companies to develop and attain all of the necessary right-of-way that is essential to the filing before the State Corporation Commission to get this road to Leesburg, the other alterna- tive would be construction of this road through VDOT. He believed the Vir- ginia Toll Road Corporation has the capability to more quickly bring this project to reality. A major stumbling block is the acquisition of right-of- way west of Goose Creek. One thing the town does not want to take place is the position of the landowners and the Toll Road Corporationsolidify rela- tive to extension of the road to Route 659. It would be extremely difficult, if not impossible, under the private Toll Road enabling statutes, to file be- fore the State Corporation Commission for the entire road to Leesburg if you don' t have the requisite right-of-way under some form of control. While a phased plan might work, if the SCC had a definitive date for phasing, that might be something for the Council to deliberate over, however, he doesn' t 444-_ MINUTES OF DECEMBER 12, 1989 MEETING. see this as a reality for a number of reasons. We are trying, with this reso- lution, to give Mr. Kay some reasonable expectations. It is obvious that his attorneys will tell him that this is certainly the intent, but this Council can't bind a future Council to take a legislative act to annex property. He doesn' t think he will get this in the necessary time frame - he doesn' t think there is a realistic possibility that the town and county, within the next month, are going to come totems with the myriad jurisdictional utility transportation and other problems associated with modifying that document. It hasn' t hap- pened before - we have spent five months looking at Potomac Crossing. He thinks the County is also concerned, and rightly so, about taking any action on the AADP' s - they have been very deliberate in their response to other projects south of town. We think, from a town perspective, that this property is right for annexation in the future. We see that there will be urban densities - this property won' t nearly be the southern-most point of the Town of Leesburg - the airport conspicuously juts out . This property, from our perspective, and from sound land use planning, should be a part of the Town of Leesburg. We say, by this resolution, that we will work with the County to reach that conclusion. We are also saying that , if they don' t reach that conclusion, the Town reserves the right after that provision expires to unilaterally file for an annexation by ordinance, or can favorably accept a petition by the landowner. We are trying to help Mr. Kay and, hopefully, this will be enough to move this process forward. Mr. Clark and Mr. Robin are very favorable to this - this is an es • - sential part of any solution. Mayor Sevila asked if they understand that it will be a future Council that will undertake this? Mr. Minor said the attor- neys have already responded to this - he has to understand that this will not bind a future Council. We believe it is sound business to prepare to convey this right-of-way. He does not believe we will get it soon enough. We also believe that his 191 acres will be vastly improved in terms of the value of that property. If Mr. Kay, and others who own property west of Goose Creek don' t go with action on this, then that part of the annexation will have to be in the future. The question was asked if we know the current status of the properties west of Rt. 659? Mr. Minor said there are a lot of things going on that are confidential relative to this issue. Mr. Minor also said we don' t want a back door that leaves us high and dry. Mayor Sevila said that , to date, this property owner is the only one who is attempting to get County action on the zoning application on this very property. The resolution was unanimously adopted: Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. 89-262 - RESOLUT_ION - AUTHORIZING A TIME EXTENSION OF THE PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS FOR POTOMAC CROSS- INC SECTION 1A. On motion of Mr. Clem, seconded by Mr. Mulokey, the following resolution was proposed and unanimously adopted: WHEREAS, The Grimm Company, the developers of Potomac Crossing Section 1A , has not completed all the required public improvements in accordance with the approved construction drawings and town standards within the two-year period agreed to in the contract for public improvements ; and WHEREAS, the letter of credit from United Savings Bank in the amount of $32, 125.00 has expired on December 7, 1989; and WHEREAS, a new letter of credit from United Savings Bank has been pro- vided by the developer to guarantee installation of the remaining public improvements in Potomac Crossing Section lA and this amount has been ap- proved by the Director of Engineering and Public Works: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The letter of credit from United Savings Bank in the amount of $32, 125.00 in a form approved by the town attorney and an extension of six months for the installation of public improvements are approved. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. MINUTES OF DECEMBER 12, 1989 MEETING. Pursuant to Section 2. 1-344 of the Code of Virginia, on motion of Mrs. Forester, seconded by Mr. Tolbert, Council voted unanimously to go into Executive Session. The authority for this Executive Session is found in Section 2. 1-344(a), Subsection (1) of the 1950 Code of Virginia, as amended. The public business matters to be discussed are: 1. Planning Commission vacancy. 2. Environmental Advisory Commission vacancy. 3. Appointment of a Zoning Administrator The Town Manager, Assistant Town Manager, Director of Planning, Zoning and De- velopment are requested to remain for the meeting. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. On motion of Mrs. Forester, seconded by Mr. Tolbert, the Executive Session was adjourned. The Town Council of the Town of Leesburg reconvened its public meeting and the minutes of the public meeting reflect that no formal action was taken in the Executive Session. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor-,Sevila. Nay: None 89-263 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF DECEMBER 12, 1989. WHEREAS, the Town Council of the Town of Leesburg has this day convened in Executive Session in accordance with an affirmative recorded vote of the Town Council of the Town of Leesburg and in accordance with the provisions of the Virginia Freedom of Information Act. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Lees- burg does hereby certify that to the best of each member's knowledge (1) only public business matters lawfully exempted from open meeting require- ' ments under the Freedom of Information Act were discussed in the Executive Session to which this certification applies; and (2) only such public busi- ness matters as were identified in the motion by which the said Executive Session was convened were heard, discussed or considered by the Town Coun- cil of the Town of Leesburg Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. 89-264 - RESOLUTION - APPOINTING SCOTT M. JOHNSON, AICP, AS ZONING ADMINISTRATOR. On motion of Mrs. Forester, seconded by Mr. Tolbert, the following reso- lution was proposed and unanimously adopted: WHEREAS, a nation search was instituted to fill the position of Zoning Administrator for the Town of Leesburg, vacated by the resignation of Andrew J. Conlon; and WHEREAS, 47 applications were received for the position; and WHEREAS, Councilmember Christine Forester, the Town Manager, the Plan- ning, Zoning and Development Director and the Assistant Town Manager have conducted an assessment center selection process to review the capabilities of four finalists; and WHEREAS, the assessment team recommends the appointment of town Current Planner Scott M. Johnson, AICP; and WHEREAS, this Council has concluded interviews with this candidate and is satisfied that he has the credentials, judgment and capability to carry out the responsibilities of Zoning Administrator for the Town of Leesburg: THEREFORE, RESOLVED by the Council of the Town of Leesburg, in Virginia as follows: Scott M. Johnson, AICP, is hereby appointed to the position of Zoning Administrator for the Town of Leesburg effective December 18, 1989 at an annual salary of $38,500. 446 MINUTES OF DECEMBER 12, 1989 MEETING. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila. Nay: None. On motion duly made and seconded, the meeting was adjourned. Mayor `;L ? 4 /earl Clerk of/ ouncil •