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 ._.
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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,!
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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.
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..:-: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;..
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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.
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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-
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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.
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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.
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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.
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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:
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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,
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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
•