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HomeMy Public PortalAbout1991_01_08MINUTES OF THE REG~ MEETING OF THE LEESBURG TOWN COUNCIL JANUARY 8, 1991 A regular meeting of the Leesburg Town Council was held in the Lower Level Council Meeting Room, 25 West Market Street, Leesburg, Virginia on January 8, 1991, at 7:30 p.m. The meeting was called to order by Mayor Robert E. Sevila, with the invocation given by Councilman Donald A. Kimball, and the Salute to the Flag led by Councilman James E. Clem. Present were: Mayor Robert E. Sevila, Councilmembers Georgia W. Bange, James E. Clem, Christine M. Forester, Donald A. Kimball, Claxton E. Lovin and Willi,m F. Webb. Also present were: Acting Town Manager Steven C. Brown, Director of Finance Paul E. York, Planners Peter Stephenson, Sally Vecchio and Gene Arner, Town Attorney George Martin and Clerk of Council Dorothy B. Rosen. MINUTES On motion of Mr. Clem, seconded by Mr. Kimball, the regular meeting minutes of October 24, 1990 and special meeting minutes of November 7, 1990 and December 5, 1990 were approved as written. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None ' PETITIONERS Mr. Paul E. Bengtson, 109 Loudoun Street, S.W., addressed the Council thanking them for Ida Lee Park. Also, the personnel in the new town office have been great during the transition from one building to the other. The personnel removing the snow have also been very helpful. With regard to the Loudoun Street Infill project, Mr. Bengtson asked if the Leesburg Business Association and citizens would be involved in this project. With regard to the new fire station location, Mr. Bengtson stated that 70 percent of all calls are in the southeast and/or northeast quadrants of town. Most of the volunteers live in the northeast end of town and have to come to the station before going on a call. This is a concern that Council should look into. The town needs another fire station. Lets not take another 12 months to study this. Lives and property are too valuable to take that much time to re-look at this issue again. Mr. Brown stated that the public will be asked for comment on any of the issues before the Council with regard to the Loudoun Street Infill project. A developer's competition/Request for Proposal will be advertised and distributed as widely as possible. The selection process will incorporate several individuals. A councilmember, the acting town manager, finance director, capital projects coordinator, Executive Director of Leesburg Renaissance, a member of the Leesburg Business Association and the Vice President of Economic Development with the Chamber of Commerce. There will be significant public input throughout the entire process. Mayor Sevila stated that it would be wise to hold an advertised public hearing on this issue before the final selection is made. Mrs. Heidi Malacarne, a resident of 919 Chancellor Street, addressed the Council with regard to the Edwards Landing rezoning. She stated that by approving this rezoning and increasing the density from two' units per acre to four units per acre will have an irreversible impact on the wetlands, the geology, the hydrology and the dendrology of the area. She stated that she has consulted with the U.S. Department of Agriculture, the Soil Conservation Service, the Department of the Interior and the Army Corp of Engineers. Their information indicates that this area is totally unsuitable for this type of development. Two units per acre would have some impact but four units per acre would have a considerably more impact. This would also change a lot of the engineering information such as runoff coefficient, etc. The adjacent county zoning must also be examined which is agricultural. There is an issue of non-point pollution. We do not want to create another Potomac Crossing. There are a lot of things that need to be cleaned up before approval is granted. Th':s is a no win situation for the environment, for the future homeowners and for the adjacent agricultural property owners. The developer has the upper edge because he is offering the park land as a proffer. PUBLIC HEARINGS 6. a. - To consider Special Exception Application #SE-90-07 Leesburg Gateway Lot I by Alton Echols Ms. Vecchio addressed the Council stating that the applicant has been working with staff on resolving some final issues with this application. This application will permit 24 residential units in the B-2 zoning district on lot I of the Gateway Subdivision. This application is also Rezoning Application #ZM-127 to amend a proffer setforth through #ZM-28 which limits the residential uses to no more than 50 percent of the Gateway development. The Council is being asked to consider a proffer a~uendment which will modify the 50 percent limit on residential development in Gateway and cencurrently a special exception approval since residential is only permitted by special exception in the B-2 district. The first criteria is density.and yard requirements. The density as setforth in the Zoning Minutes of January 8, 1991 Ordinance may not exceed 22 dwelling units per acre. This project - 24 residential units on 3.5 acres, accounts for an overall density of 6.8 dwelling units per acre. The minimum yard requirement for multi-family development is 30 feet. The applicant has satisfied those requirements. This application is required to provide an 18 foot buffer yard along the northern property line abutting the Silver Oaks Subdivision. The applicant has been given consideration for the 6' privacy fence erected in 1986. Staff has considered that as meeting the screening requirements. Another criteria concerning multi-family by special exception is height. This application has been vested under the old B-2 zoning regulations which means that the base height for this project is 40 feet. Another criteria is open space. The required open space for multi-family development is 30% of the total lot area. The applicant has met that requirement. In addition to the proffered credit for Ida Lee Park memberships, the applicant has provided the 1.4 acres required under the ordinance as an active recreation site. The architectural will be equal to those established by such developments as Kings Chase. The final criteria is conformance with the Town Plan. The Town Plan calls for this property to be developed as high density residential at a density of 6 to 8 dwelling units per acre. This project does satisfy that requirement. In summary, staff believes that this project does meet the intent of the special exception criteria. This project would be a more appropriate development then commercial development. The Planning Commission recommended conditional approval of this project based on revisions to the concept plan as per the December 31, 1990 staff report. The applicant has made those revisions. Also that - architectural be submitted - they have been submitted and lastly, that Council re-evaluate proffer number 4 regarding the contributions to Ida Lee Park. Mayor Sevila asked how the 1.44 acre of active recreation was designated on the site plan. Ms. Vecchio stated that the area was formerly called a senior citizen recreation area. The term senior citizen has been removed and is now a croquet court. Mayor Sevila stated with regard to additional height, would above 40 feet be permitted for each additional foot of setback from adjoining properties. Ms. Vecchio stated that is correct with, Council approval. The applicant would like the opportunity to go to at least 45 feet Mr. Alton Echol% with Sycolin Partnership, addressed the Council stating that townhouses have been requested but that the special exception is for multi-family. Townhouses are much more suitable for this site. We only need 38' to 39' for the townhouses. We are very happy to have 40 feet. The most important issue addressed was the fence. With regard to the contribution made to Ida Lee Park the Mayor stated that the concern that Council has is that by offering a number of prepaid memberships to Ida Lee, as a way to meet a proffer criteria in the future, may be misinterpreted as a result of the approval of this application. Mr. Echols stated with regard to architectural, the units would be similar to Kings Chase with a garage. Not all the units will be brick and some units will be similar to the Capitol Home units. These units are aimed more toward the elderly and senior citizens. Mayor Sevila noted that the applicant was calling this development a townhouse style development in a B-2 multi-family special exception district. He asked why not one or the other and what kind of ownership is proposed. Mr. Echols stated that ownership will be condominium. Mayor Sevila asked, as far as design criteria, if there was any difference in setbacks and heights. Ms. Vecchio stated that the difference between townhouse and multi-family in the B-2 was height. The multi- family is entitled to a base height of 40 feet up to 50 feet. Townhouses are capped at 30 feet straight across with no provision for additional height. The setbacks are less for the townhouse then they are for multi-family. The applicant also had to provide recreation with the multi-family but would not have to with townhouses. The Mayor suggested that the townhouse regulations should be written to permit this kind of development. He asked that Mr. Brown schedule his suggestion for a future Planning and Zoning Committee meeting. Ms. Vecchio stated that staff has never had a problem with this application in principle. We have been very supportive of the land use. We had a problem in using the old B-2 regulations which this project is vested under. The Mayor asked, in the Town Plan goal of housing mix, where does this project belong. Ms. Vecchio stated that technically the project would be under multi-family. It is being analyzed and evaluated as a multi-family project although it is a townhouse style development. The public hearing was closed. Mayor Sevila stated that this item is up for adoption this evening and will be amended to add a 5th condition to show the clarification of building keights at 40 feet. 6. b. - To consider Special Exception Application #SE-90-06 by Carillon Limited Partnership Mr. Gene Arner, addressed the Council, stating that Carillon Limited Partnership operates the dealership on Catoctin Circle. The applicant purchased the adjoining property in 1988 with the intention of erecting a new office/showroom and in June 1989, received Planning Commission approval for the development plan. All public improvements have been completed to the site. The applicant is requesting to expand the operation by adding an 800 square foot, permanent sales office on the south end of the site. The property is zoned B-2. Mr. John Niccolls, representing the applicant, was present to answer any questions. The public hearing was closed. On motion of Mr. Clem, seconded by Mr. Webb, the following ordinance was proposed and Minutes of January 8, 1991 unanimously adopted. 91-0-1 ORDINANCE APPROVING SPECIAL EXCEPTION APPLICATION #SE-90-06 BY CARILLON LIMITED PARTNERSHIP WHEREAS, Carillon Limited Partnership has applied for approval of a special exception to allow construction of a satellite sales office building on property the applicant uses as an automobile dealership at 211 Catoctin Circle, S.E.; and WHEREAS, a special exception is required to permit or expand the use of property for vehicle sales in the B-2 zoning district in accordance with Articles 4 and 11 of the Leesburg Zoning Ordinance; and WHEREAS, the Town Council referred' this application to the Planning Commission for their recommendation on November 14, 1990; and WHEREAS, the Planning Commission recommended approval of Special Exception application #SE-90-06 on December 13, 1990; and and WHEREAS, the Town Council held a public hearing on this application on January 8, 1991; WHEREAS, the proposed use meets the general and specific review criteria set forth in the Zoning Ordinance: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia, as follows: Special Exception application #SE-90-06 is hereby approved. Mayor Sevila stated that this is a compatible, commercial use on this site. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None COUNCILMEMBER COMMENTS Mr.. Webb noted that this was the first Council meeting of the new calendar year and it looks like it is going to be a rough year for the Town Council, citizens and businesses. With the help of our competent staff and this body, we can certainly resolve a lot of our problems. I hope that what this Council does will be in unison. Ms. Bange and I attended Saturday's Listening Session. Mr. Lovin wished everyone a happy new year. He congratulated Mr. York and staff for the 5th consecutive GFOA award involving the town's budget and congratulated Chief Kidwell for his 30 years of service. He was saddened to hear of the resignation of Kat Imhoff as the Director of Planning and Zoning. Mr. Clem stated that the fire company does not go door to door requesting donations and reported that there are a some individuals going throughout neighborhoods in Northern Virginia asking for donations. He urged the citizens to ask for identification before making any donation. Mr. Kimball thanked Mr. Brown and his staff for doing a fine job on getting the streets cleaned after the snowfall. He wished everyone a happy new year and echoed Mr. Webb's sentiments with regard to a busy new year. Mrs. Forester wished everyone a new year. She attended the First Nite Leesburg and had an enjoyable time. She wished to congratulate Mr. York on his award, and Chief Kidwell on his years of service, and also gave her regrets with regard to the resignation of Ms. Imhoff. On Saturday, she attended the fire company's annual banquet. It was an enjoyable evening. She congratulated all of the volunteers. They do a lot of fine work and deserved all the recognition that they received that evening. Mrs. Forester referred to the Raiders' Basketball Program and the page in the back of the program that lists supporters and contributors. When her son, being involved with the Raiders, went knocking on doors looking for contributers she handed him her business card and what came off of the business card was not her name as a supporter but the Town of Leesburg. She wished to make it clear that it was her check and her money. Minutes of January 8, 1991 Ms. Bange also attended the fire company's banquet and enjoyed it very much. At Saturday's Listening Session there were several citizens that came in with some very positive attitudes and ideas. They know we will have to do some belt tightening and are very willing to do their part. She attended the Parks and Recreation Advisory Commission meeting this morning. All members were present. We have seen quite an up turn in selling memberships. MANAGER'S REPORT Mr. Brown noted that the Council did receive a copy of the written Activity Report. He also attended the fire company's banquet and wished to recognize town employee Terry Frye. Terry is the outgoing fire chief and was named Fire Fighter of the Year. He responded to over 600 of 800 fire calls last year. Congratulations to Paul York and Chief Kidwell and to Nancy Fixx who helped with First Nite Leesburg. The curbside recycling program will begin in the Country Club Subdivision on January 17. Congratulations to Ms. Imhoff on her new position as Executive Director for the center on population growth in Richmond. Congratulations to the snow plow crew - Tom Mason, Bob Lilly, David Frye and the crew from the public works department they do an outstanding job every year. LEGISLATION On motion of Mr. Clem, seconded by Mr. Webb, the following ordinances and resolutions were proposed as consent items and unanimously adopted. 91-0-2 - ORDINANCE - APPROVING REZONING APPLICATION #ZM-127 LEESBURG GATEWAY BY SYCOLIN PARTNERSHIP AND AMENDING THE ZONING DISTRICT MAP WHEREAS, on November 14, 1990 the Town Council received and referred to the Planning Commission an application for rezoning proffer amendments to allow multi-family development by special exception in the B-2 zoning district on Lot 1 of the Gateway Subdivision located north of Gateway Drive; and WHEREAS, the incorporated proffers amend the previously approved proffers associated with adopted rezoning application #ZM-28; and WHEREAS, a joint public hearing was held on December 12, 1990 to consider the proposed proffer amendments; and WHEREAS, the Planning Commission recommended conditional approval of this application on January 3, 1991 following the public hearing; and WHEREAS, this rezoning proffer amendment request to allow additional multi-family development by special exception is consistent and compatible with adjacent land use and zoning; and WHEREAS, this rezoning request is in the interest of public necessity, convenience and general welfare: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-127 Leesburg Gateway by Sycolin Partnership is hereby approved' and the Leesburg Zoning District Map is amended to adopt amended proffers for the balance of Leesburg Gateway Subdivision located north of Gateway Drive, comprised of 3.5 acres of land, subject to the following conditions proffered in writing by the property owner on January 8, 1991, in accordance with the provisions of Section 15.1-49(a) of the 1950 Code of Virginia, as amended: The B-2 Zoned property comprised of approximately 3.5 acres, identified as LCTM#48-S 3/1 will be developed in general conformance with the Concept Plan developed by Rettew Associates, Inc., dated October 25, 1990. A maximum of 24 dwelling units will be developed on the property. A pro-rata maintenance share of the Stormwater management pond on Lot 10 will be assigned as successors in interest. To the extent practical, site grading will minimize the differential topography between these units and proposed units on the adjacent parcels. In addition to the buffering and landscaping required by Ordinance, a 6-foot high wood-on-wood fence has been constructed and will be maintained by the applicant or successors in interest between Silver Oaks and this 3.5 acre Parcel on its Northern Side. The general architectural scale and charter anticipated for this project shall be similar to the architectural exterior elevations of the Townhouses submitted with this application and incorporated herein and shall be equal to the residential character established by such Minutes of January 8, 1991 developments as "Kings Chase". A Homeowner's Association, with appropriate covenants, will be established with participation by each residential unit; said association is to assume financial, legal and insurance responsibility for common areas which shall include recreational, landscaping, parking, fencing and other physical improvements that will not be dedicated to the Town of Leesburg. In addition, the Homeowner's Association shall be responsible for the maintenance of all exteriors of the buildings. The Association's charter and accompanying documents shall be reviewed and approved by the Town Attorney before recordation. The applicant, or it's successor in interest, prior to the issuance of a zoning permit for each new dwelling unit on the property, shall make a non-refundable cash contribution to the Town of Leesburg, of One Hundred and no/100 Dollars ($100.00) per dwelling unit for the Fire and Rescue and Four Hundred and no/100 Dollars ($400.00) per dwelling unit for pre-paid credits on memberships at Ida Lee Park Recreation Center. In return for Ida Lee Park contributions, the first occupants of said units shall receive a prepaid $400.00 credit towards a family membership to the Ida Lee Park, for one year. SECTION H. The proposed multi-family development shall be in general conformance with the separately approved special exception application #SE-90-07 and the concept plan prepared by Rettew Associates dated October 25, 1990 as revised January 8, 1991. Final plat and construction drawings are subject to the terms and conditions of the applicable subdivision and zoning ordinance as well as town engineering and construction standards. Also, rezoning concept plan approval does not express or imply any waiver or modification of the requirements set forth. Housing density may be decreased below the maximum approved if necessary to provide in general locations indicated, all public facilities and proffered items to the appropriate town standards. 91-0-3 - ORDINANCE - AMENDING SECTION 12.1 OF THE TOWN CODE TO ADD A DRUG FREE WORKPLACE POLICY WHEREAS, the management letter submitted by the town's auditors in conjunction with the 1990 Comprehensive Annual Financial Report recommended that the town establish a drug free workplace policy to comply with federal government regulations; and WHEREAS, the policy must specifically prohibit illegal drug usage in the workplace, establish a regular training program for employees and encourage supervisors to refer employees in need to counseling to detect and prevent the effects of illegal drugs and alcohol on town employees. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: section: The Town Code and Personnel Manual are hereby amended by the addition of the following ARTICLE 25 DRUG FREE WORKPLACE Sec. 12.1-63. Drug Free Workplace. The Town of Leesburg prohibits the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance during working hours or on town property.. Town employees are also prohibited from reporting to work under the influence of alCohol or controlled substances. In the event either prohibition is violated~ the employee is subject to disciplinary action up to and including dismissal under Article 11 of the Personnel Manual. An on-goin~ drug free awareness program is hereby established. With the assistance of the Police Department~ regular meetings will be conducted to inform all employees about: The dangers of drug abuse in the workplace~ The town's policy on maintaining a drug free workplace including penalties for violating town policy~ Available drug counseling and rehabilitation in the area. Each current employee and all subsequent town employees will be provided copies of the drug free workplace policy. Each current employee and all subsequent employees must notify the town in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) calendar days after such conviction. Failure to so notify the town may result in disciplinary action. 91-0-4 - ORDINANCE - RECOMMENDING THAT THE TOWN OF LEESBURG MUNICIPAL GOVERNMENT SPEND MORE OF ITS TAX DOLLARS WITHIN LEESBURG AND AMENDING SECTION 8.1-16 OF THE LEESBURG PURCHASING POLICY WHEREAS, the operating budget for Leesburg's town government totals over $10 million annually for town projects and other expenditures; and WHEREAS, funds made available to the town government are generated by taxes and fees from businesses, residents and visitors in Leesburg; and WHEREAS, substantial reinvestment of capital funds back into the locality responsible for providing such funds is a proven economic benefit to all parties involved through creation of new jobs and the like; and Minutes of January 8, 1991 WHE~, the Virginia Public Procurement Act will allow the town to give preference to Leesburg businesses in the event of tie bids. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Section 8.1-16 of the Leesburg Purchasing Policy is hereby amended as follows: Section 8.1-16. Tie Bids. In the case of a tie bid, preference shall be given to goods, services and construction produced in V~.r~~_ Leesburg or provided by X?-r~.~a Leesburg persons, firms or corporations, if such a choice is available, otherwise, the tie bidders shall be invited to resubmit written bids below the original bid and award shall be made to the bidder with the lowest bid price. In the event that none of the foregoing provisions of this section resolve the tie, the tie shall be resolved by lot~ Records shall be kept of any proceeding connected with tie bids. 91-1 - RESOLUTION - SUPPORTING THE JOINT PERMIT APPLICATION OF THE TOLL ROAD CORPORATION OF VIRGINIA TO THE U.S. ARMY CORPS OF ENGINEERS WHEREAS, the Town of Leesburg remains in strong support of the Dulles Toll Road Extension from Route 28 to Dulles Airport to the Town of Leesbur~, and WHEREAS, the Leesburg Town Council endorsed this important transportation project by letter of agreement dated April 16, 1990, to the State Corporation Commission of Virginia; and WHEREAS, town staff is presently reviewing the Environmental Report and Preliminary Plans submitted by the Toll Road Corporation of Virginia; and WHEREAS, construction of the Dulles Toll Road Extension is needed to reduce regional traffic congestion in the Town of Leesburg and Loudoun County; and WHE~, the Town of Leesburg continues to work closely with the Toll Road Corporation of Virginia and Loudoun County regarding the Dulles Toll Road Extension and the Dulles Toll Road Extension Corridor Plan. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Town Council hereby expresses its continued support for the Dulles Toll Road Extension project and urges the U.S. Army Corps of Engineers to expeditiously review the Joint Permit Application of the Toll Road Corporation of Virginia. SECTION II. The Acting Town Manager's office is directed to send a copy of this resolution of support to the U.S. Army Corps of Engineers, District Office, and the Toll Road Corporation of Virginia. 91-2 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH ECHO (EVERY CITIZEN HAS OPPORTUNITIES) FOR PARTIAL USE OF THE TOWN OFFICE MAIL ROOM WHEREAS, the town currently contracts with ECHO for the distribution of the Lamplighter and Leesburg at Leisure; and WHEREAS, ECHO performs an important service for the community by integrating their clients into the mainstream of regular business activities; and WHEREAS, the town will benefit from the proximity of a productive and inexpensive work force plus a reduction in costs currently paid to ECHO; and WHEREAS, the mail room is currently under-utilized: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The acting town manager is directed to execute an agreement with ECHO (Every Citizen Has Opportunities) for the partial use of the town office mail room to assist the town with various services for a three month term plus a renewal provision for an additional nine months. 91-3 - RESOLUTION - ESTABLISHING A TOWN GOVERNMENT OFFICE RECYCLING POLICY WHEREAS, Town Council is committed to achieving State mandated recycling requirements; and WHEREAS, Town Council recognizes the need for all town government offices to participate in recycling efforts; and WHEREAS, Town Council recognizes the importance of procuring recycled products: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. All town government offices shall recycle used products that are presently part of the recycling process, including green, brown and clear glass, newsprint and aluminum. SECTION II. All town offices shall establish a mechanism to participate in the recycling of office paper. SECTION III. The town shall procure recycled paper or paper products meeting the EPA Minutes of January 8, 1991 recommended content standards whenever possible. 91-4 - RESOLUTION - INITIATING AN AMENDMENT TO SECTION 13-75(c)(2)((d)) OF THE LEESBURG SUBDMSION AND LAND DEVELOPMENT REGUI~TIONS WHEREAS, the Town of Leesburg seeks to provide a safe and efficient transportation system serving auWmobile, pedestrian and bicycle traffic in all sectors of the community; and WHEREAS, applicants have requested an increasing amount of variations on the maximum number of dwellings on a common parking court; and WHEREAS, such increases in then umber of dwellings on a common parking court create additional traffic flow without the requirement of comparable street design improvements; and WHEREAS, the Town of Leesburg Planning Commission has no explicit performance criteria for evaluating request for variations to Section 13-75(c)(2)((d)). THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An amendment to Section 13-75(c)(2)((d)) of the Leesburg Subdivision and Land Development Regulations to create performance criteria for use in evaluating requests for variations is initiated. This amendment is referred to the Planning Commission for a public hearing and recommendation under Chapter 11, Title 15.1-431 of the Code of Virginia, as amended. 91-5 - RESOLUTION - AUTHORIZING THE PLANNING COMMISSION TO REVIEW THE EXISTING PIPESTEM REGULATIONS AND DRAFT AN AMENDMENT PROPOSAL TO ADDRESS ANY DEFICIENCIES WHEREAS, the Town of Leesburg seeks to provide regulations which promote innovative, quality urban design and efficient land use patterns; and WHEREAS, due to concerns expressed by the Planning Commission regarding current uses of pipestem lots in the Town of Leesbur~, and WHEREAS, the Planning Commission has created a list of preliminary recommendations for pipestem lot ordinance amendments to address: 1. Pipestems may make up to 51 of a subdivision. 2. No lots may have a driveway off the stem of a pipestem lot. Screening should be required if a field of view from the front of the house to the rear of the adjacent house exists. A requirement should be stated that the front of the house shall face the front yard which will be the yard bordering the pipestem driveway. Design guidelines for the pipestems in a format similar to H-2 Corridor Design Guidelines should be created. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An authorization for the Planning Commission to review the existing pipestem regulations for the Town of Leesburg and draft ordinance amendments is initiated. The Planning Commission shall hold a public hearing on these amendments as per Chapter 11, Title 15.1-431 of the Code of Virginia, as amended. 91-6 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR REZONING APPLICATION #ZM- 125 AND SPECIAL EXCEPTION APPLICATION #SE-90-05 BY HILLCREST JOINT VENTURE RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider rezoning application #ZM-125 and special exception application #SE-90-05 by Hilicrest Joint Venture shall be published in the Loudoun Times Mirror. The notice shall be published on January 2, 1991 and January 9, 1991 for public hearing on January 22, 1991 at 7:30 p.m. in the lower level Council Committee meeting room, 25 West Market Street, Leesburg, Virginia. 91-7 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN PEER MANOR SECTION 3 WHEREAS, the town's Director of Engineering and Public Works has reviewed the public improvements installed to date in Peer Manor Section 3 and certified that the value of work performed exceeds $137,797.00; and WHEREAS, an irrevocable letter of credit from Farmers and Merchants National Bank in the amount of $172,246.00 has been provided by the developer and approved by the Council to guarantee installation of public improvements in Peer Manor Section 3. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Minutes of January 8, 1991 SECTION I. The letter of credit from Farmers and Merchants National Bank in the amount of $172,246.00 is reduced to $34,449.00. SECTION Il. The Acting Town Manager shall notify the developer that liability for the 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 Peer Manor Section 3. 91-8 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR SYCOLIN ROAD FRONTAGE IMPROVEMENTS AT THE WARD COMPONENTS PLANT SITE WHEREAS, the Ward Corporation, the developer of the Ward Components Plant Site has completed the frontage improvements along Sycolin Road in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from the Washington Bank in the amount of $34,802.00 is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in the amount of $6,960.00 is approved, and shall be in effect for a period of one year from this date. SECTION H. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and easements free of any liens or charges. 91-9 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR THE ROSEMEADE SUBDIVISION WHEREAS, Trammel Crow Residential, the developers of the Rosemeade Subdivision, have 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 developer has requested a one-year time extension to complete the public improvements; and WHEREAS, the letter of credit from American Security Bank, which guarantees the installation of public improvements in the Roeemeade Subdivision, in the amount of $121,823.00 automatically renews for additional one-year periods; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $121,823.00 to guarantee installation of the remaining public improvements in the Rosemeade Subdivision. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Renewal of the letter of credit from American Security Bank in the amount of $121,823.00 in a form approved by the Town Attorney and a time extension of one-year for the installation of public improvements are hereby approved for the Rosemeade Subdivision. 91-10 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR FAIRWAY MANOR WHEREAS, United Land Developers, Inc., the developers of Fairway Manor, have 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 developer has requested a one-year time extension to complete the public improvements; and WHEREAS, the letter of credit from Perpetual Savings Bank, which guarantees the installation of public improvements in Fairway Manor, in the amount of $77,200.00 automatically renews for additional one-year periods; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $77,200.00 to guarantee installation of the remaining public improvements in Fairway Manor. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Renewal of the letter of credit from Perpetual Savings Bank in the amount of $77,200.00 in a form approved by the Town Attorney and a time extension of one-year for the installation of public improvements are hereby approved for Fairway Manor. 91-11 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR THE KRB WAREHOUSE PARKING LOT RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Acting Town 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 Minutes of January 8, 1991 the KRB Warehouse Parking Lot. SECTION II. The irrevocable bank letter of credit in a form approved by the town attorney from Farmers and Merchants National Bank in the amount of $25,000.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for the KI~ Warehouse Parking Lot. On motion of Mr. Clem, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. 91-0-5 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-90-07 LEESBURG GATEWAY BY SYCOLIN PARTNERSHIP WHEREAS, special exception application #SE-90-07 Leesburg Gateway by Sycolin Partnership to allow for multi-family residential development on LOt I of the Gateway Subdivision, zoned B-2, located north of Gateway Drive, was received on November 14, 1990; and WHEREAS, the applicant requests a maximum of 24 dwelling units with an overall density of 6.8 dwelling units per acre in conformance with a submitted concept plan dated October 25, 1990 as revised January 8, 1991, prepared by Rettew Associates; and WHEREAS, the applicant has submitted a separate rezoning application #ZM-127, for proffer amendments to allow for approval of this special exception application; and WHEREAS, on January 4, 1991 the Planning Commission recommended conditional approval of this application to the Town Council; and WHEREAS, the Town Council held a public hearing to consider this application on January 8, 1991; and WHEREAS, the proposed multi-family residential development is compatible with adjacent land use and zoning and meets the review criteria set forth in Section 11A-5 and 11A-7(3) of the Leesburg Zoning Ordinance: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Special Exception application #SE-90-07 Leesburg Gateway by Sycolin Partnership is hereby approved to allow for a maximum of 24 multi-family residential dwelling units with an overall density of 6.Sdwelling units per acre on Lot 1 of the Leesburg Gateway Subdivision comprised of 3.5 acres and located north of Gateway Drive. Development of the multi-family residential uses shall be in conformance with the following conditions: Amended proffers adopted as part of approved rezoning application #ZM-127 Leesburg Gateway by Sycolin Partnership; and Concept plan submitted with this application, prepared by Rettew Associates, dated October 25, 1990 as revised January 8, 1991; and Review criteria statement submitted with this application, dated October 28, 1990 and Sections 11A- 5 and 11A-7(3) of the Leesburg Zoning Ordinance; and All applicable terms and conditions of the Leesburg Subdivision and Land Development Regulations and Zoning Ordinance as well as town engineering and construction standards. Note #5 of the General Notes on the Concept Plan dated January 8, 1991, to be revised to read as follows: Minimum required lot width is 100 feet and minimum required open space is 30 percent of the lot. Maximum allowable building height is 40 feet. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None On motion of Mr. Lovin, seconded by Mr. Kimball, the follcwing ordinance was proposed and unanimously adopted. 91-0-6 - ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE ZONING DISTRICT MAP FOR #ZM-109 EDWARDS LANDING BY PINNACLE DEVELOPMENT CORPORATION WHEREAS, the Town Council approved the Potomac Crossing South Concept Plan/Town Plan Amendment (now known as Edward's Landing) on January 24, 1989; and WHEREAS, on March 17, 1989 Pinnacle Development Corporation applied to rezone 154.9 acres, 32 acres of which were in Loudoun County and required incorporation by boundary line adjustment. located generally east of Route 15 Bypass and the Potomac River, and north of Edwards Ferry Road from County R-1 to Planned Residential Neighborhood, PRN, zoning district; and WHEREAS, this application was received by the Town Council and referred to the Planning Commission for public hearing, as well as to the Annexation Area Development Policies (AADP) Joint Policy committee for consideration of the proposed boundary line adjustment; and WHEREAS, the Planning Commission held a public hearing on June 22, 1989 to consider this Minutes of January 8, 1991 rezoning application with proffers; and WHEREAS, on November 16, 1989 following an extension of time granted by the applicant, the Planning Commission recommended denial of #ZM-109 Edwards Landing because of then-unresolved land use issues; and WHEREAS, the applicant revised the rezoning plans and proffers to address concerns raised by the Planning Commission including the overall residential density and proposed Wwnhome layout; and WHEREAS, the AADP Joint Policy Committee conditionally recommended to the Board of Supervisors and the Town Council that the requested 32 acre parcel of county land be incorporated into the Town of Leesburg corporate limits by boundary line adjustment on January 11, 1990; and WHEREAS, the Town Council held a public hearing on January 23, 1990 to consider this rezoning application; and WHEREAS, on February 7, 1990 following the hearing, staff formally responded to the environmental concerns raised, and the applicant addressed the same through further revisions to the proffers and the rezoning plan; and WHEREAS, the existing zoning designation for this property changed from County R-1 and FI-ID to Town R-1 and County FI-ID as part of the comprehensive zoning revisions adopted April 24, 1990; and WHEREAS, Town Council and Board of Supervisors both endorsed a joint resolution regarding the boundary line adjustment; and WHEREAS, the required boundary line adjustment documents were submitted as advertised to the Circuit Court of Loudoun County and testimony was given in Court on June 29, 1990; and WHEREAS, an agreed consent order endorsed by counsel for the Town, the County, and the applicant was presented to the Court for entry that day but was not signed by the Court at that time; and WHEREAS, revised boundary line adjustment documents were subsequently prepared, re-endorsed by the Board of Supervisors and Town Council on November 13, and November 14, 1990 respectively, and were again presented to the Court on December 7, 1990; and WHEREAS, the required boundary line adjustment has been authorized and legally entered; and WHEREAS, a final joint public hearing was held on December 12, 1990 to consider this application and the revisions to the Boundary Line Adjustment Agreement; and WHEREAS, the applicant has prepared final rezoning plans and notarized proffers for approval as part of this application and in accordance with the conditions set forth by the AADP Joint Policy Committee; and WHEREAS, the proposed PRN zoning is consistent with the Town Plan goals and policies for this area and is compatible with surrounding zoning and development; and WHEREAS, this rezoning request is in the interest of public necessity, convenience, general welfare, and good zoning practice: THEREFORE, BE IT ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-109, Edwards Landing by Pinnacle Development Corporation is hereby approved and the Leesburg Zoning District Map is hereby amended from R-l, Residential to PRN, Planned Residential Neighborhood subject to the following proffers dated December 12, 1990 in accordance with the provisions of Section 15.1-491(a) of the 1950 Code of Virginia as amended for the 154.59 acres identified as Loudoun County Tax Map Parcels 49-1F, 49-1H, 49-1I and 49-1 to allow for development of a maximum of 407 residential units with a net density of 2.62 dwelling units per acre: The Applicant shall dedicate approximately fifty-five feet (55') of right-of-way north of the exisang centerline of Edwards Ferry Road, possessing sufficient width to accommodate construction of a one- half section of a four-lane divided road section thereon, along the Edwards Ferry Road frontage of the Subject Property possessing approximately one thousand two hundred feet (1,200') in length. Additionally, the Applicant shall dedicate approximately fifty-five feet (55') of right-of-way north of the existing centerline of Edwards Ferry road, possessing sufficient width to accommodate construction of a one-half section of a four-lane divided road section thereon, along the Edwards Ferry Road frontage of the commercially zoned parcel owned by the Applicant located between the Subject Property and the commercial zoned parcel proposed for development of the Fort Evans (Pence Friedel) shopping center, possessing six hundred feet (600') in length. Dedication of both above-referenced right-of-way sections shall take place at time of record subdivision plat approval for the Edwards Landing townhouse section fronting on Edwards Ferry Road, shall be free and clear of all liens and encumbrances, shall be accomplished by documents and forms approved by the Town Attorney, and shall be to the Town of Leesburg (the "Town~). The Applicant shall construct a one half (1/2) section of a four lane divided road section along the two Edwards Ferry Road frontage dedication areas (1,200' and 600' frontage lengths, respectively) referenced in Proffer 1, above. All road construction shall be in conformance with VDOT and Town standards and shall be accomplished concurrent with the build-out and development of the Edwards Minutes of January 8, 1991 Landing townhouse section fronting on Edwards Ferry Road. Such road construction shall begin immediately subsequent to issuance of the first zoning permit for the Edwards Landing townhouse section fronting on Edwards Ferry Road and shall be completed prior to issuance of the last zoning permit for this townhouse section. The Applicant shall contribute to the Town a monetary sum in the amount of Two Hundred Dollars ($200.00) per residential unit immediately prior to the issuance of each residential unit zoning permit. These contributions shall be non-refundable and shall be placed by the Town in a fund for the development of public facilities at Ida Lee Park as the Town deems appropriate. The Applicant shah dedicate to the Town or its designee the approximately 31.63-acre area shown generally as "Public Open Space" on Sheet 7 of 16 of the Concept Development (Rezoning) Plan and as specified by metes and bounds in the Boundary Line Agreement (Annexation) Plat, dated May 4, 1990. Dedication of this "Public Open Space" shall take place no later than the thirty-first (31st) day after final rezoning approval subsequent to a determination that no appeals or lawsuits have been filed contesting the final rezoning approval. Dedication shall be free and clear of all liens and encumbrances with the exception of the recorded open space easement on the "Public Open Space" area and shall be accomplished by documents and forms approved by the Town Attorney which shall provide for minor post-dedication adjustments to the dedication line to be conducted at time of subdivision plat preparation for those lots adjacent to the "Public Open Space" area if required. The Applicant shall design and construct the following public recreational facilities listed below, the total cost of which shall not exceed One Hundred Thousand dollars ($100,000.00), in the area shown generally as "Public Open Space" on Sheet 7 of 16 on the Concept Development (Rezoning) Plan: a twenty (20) car all-weather parking lot, constructed with either asphalt or gravel as determined by the Town during the site plan review, and access road with curb and gutter, b. a picnic pavilion or shelter with concrete flooring, Co a woodchip trail leading to and from the Potomac River as shown on Sheet 7 of 16 on the Concept Development (Rezoning) Plan which shall possess a minimum width of six feet (6'), do an access control structure, limiting public access to the "Public Open Space" area, as determined by the Town during site plan review, and eo appropriate signage, as determined by the Town during site plan review, identifying the above-referenced public recreational facilities. A site plan and design plans for the above-referenced public recreational facilities shall be submitted with construction plans for those residential dwelling units adjacent to the "Public Open Space" area and shall be subject to review and approval by the Town Director of Parks and Recreation. Construction of the above-referenced public recreational facilities shall commence when the base paving layer of asphalt is laid on Woods Edge Road adjacent to the "Public Open Space" area and shall be completed within eight (8) months thereafter. The Applicant shall design and construct the following private recreational facilities in the area located at the northwestern quadrant of the intersection of Edwards Ferry Road and the Battlefield Parkway as shown generally on Sheets 6 and 11 of 16 on the Concept Development (Rezoning) Plan: ao a six-lane, twenty-five meter swimming pool, possessing a minimum of 3,200 square feet in area, b. a shallow wading pool for small children, possessing a minimum of 500 square feet in area, Co a tot lot, possessing a minimum of 4,000 square feet in area and possessing the following play equipment structures as identified on Sheet 13 of 16 of the Concept Development (Rezoning) Plan, one 4-person swing set; one play system to include spiral slide, sliding pole, tire swing, chinning bar, horizontal ladder, and wood arch climber; one "whirl" play structure; three or four benches as deemed appropriate during site plan review, do a clubhouse with lockers, shower facilities, storage area, and sman office/reception area, possessing a minimum of 2,500 square feet in area, eo two tennis courts constructed of asphalt base with "Har-tru" surface treatment materials, and f. asphalt paved parking facilities for forty-two (42) automobiles with a twelve foot (12') wide emergency access cartway leading from the parking lot to the clubhouse/swimming area pool concourse. Vegetative screening, landscaping and light berming shall be provided as shown generally on Sheets 6 and 11 of 16 on the Concept Development (Rezoning) Plan and Town-approved perimeter fencing around the "Recreation Area" shall be provided as determined during site plan review. Design plans for the above-referenced recreational facilities shall be submitted with construction plans for those townhouse units adjacent to the "Recreation Area" and shall be subject to review and approval by the Town Land Development Official. Construction of the above-referenced private recreational facilities shall commence prior to the issuance of the eightieth (80th) zoning permit and shall be completed within eight (8) months thereafter. Minutes of January 8, 1991 10. 11. 12. 13. 14. The Applicant shall contribute to the Town a monetary sum in the amount of One Thousand Three Hundred Fifty Dollars ($1,350.00) immediately prior to the issuance of each residential zoning permit toward the construction of regional roadway improvements. All contributions shall be paid into an "Off-site Roadway Improvement Fund" and shall be non-refundable except as provided in Proffers 9 and 23, below. The Applicant shall dedicate sufficient right-of-way, possessing approximately one hundred twenty feet (120') in width, generally, and approximately one hundred forty feet (140') in width near the intersection of Battlefield Parkway and Edwards Ferry Road, as required for the construction of the planned four lane divided Battlefield Parkway as shown generally on Sheets 5 and 6 of 16 on the Concept Development (Rezoning) Plan. Dedication shall take place at time of record subdivision plat approval for those residential development sections adjacent to Battlefield Parkway, shall be free and clear of all liens and encumbrances, shall be accomplished by d~uments and forms approved by the Town Attorney, and shall be to the Town. The Applicant shall construct the full four lane divided section of Battlefield Parkway from the northern boundary line of the Subject Property to the southern boundary line of the Subject Property in conformance with all Town and VDOT standards as shown generally on Sheets 5 and 6 of 16 on the Concept Development (Rezoning) Plan. Two lanes of the four-lane divided section shall be constructed concurrent with build-out and construction of those residential development sections adjacent to the Battlefield Parkway dedication area specified in Proffer 8, above. Such road construction shall begin immediately subsequent to issuance of the first zoning permit for those residential sections adjacent to the Battlefield Parkway dedication area specified in Proffer 8, above and shall be completed prior to issuance of the last zoning permit for these residential sections. The construction of the remaining two lanes and raised median dividers shall be completed prior to final bond release or issuance of the four hundred seventh (407th) Certificate of Occupancy, whichever occurs first. Construction of the final two lanes and the raised median dividers shall be deemed to be "off-site roadway improvements" and there shall be given a direct dollar-for-dollar credit against contributions made to the "Off-site Roadway Improvement Fund" pursuant to Proffer 7 above, for those construction costs incurred in the construction of the final two lanes and the raised median dividers. The Applicant shall provide berming and landscaping, as shown generally on the Concept Development (Rezoning) Plan, along all major public road frontages to provide for screening and buffering of parking areas, rear yards, and the recreation area, as approved by the Town. The Applicant shall provide a six-foot (6') wide natural woodchip trail in the stream valley of Cattail Branch to provide access to this environmental quality corridor as shown generally on the Concept Development (Rezoning) Plan and as approved by the Town. Construction of this natural woodchip trail shall be commenced during development of those residential dwelling units immediately to the west of Cattail Branch in accordance with the "Phasing Plan" attached as Sheet 8 of 16 on the Concept Development (Rezoning) Plan and shall be completed concurrent with construction of the public recreational facilities referenced in Proffer 6, above. Signage provided along public road frontages shall be subject to Town approval and shall conform generally to signage plans included as Sheet 16 of 16 on the Concept Development (Rezoning) Plan. Development of residential units on the Subject Property shall be accomplished in general conformance with the "Phasing Plan" attached as Sheet 8 of 16 on the Concept Development (Rezoning) Plan. The Applicant shall be permitted to engage in or complete residential construction activities in any or all phase sections so long as "Phase One' is commenced prior to "Phase Two," "Phase TWo" is commenced prior to "Phase Three," and "Phase Three" is commenced prior to "Phase Four." The external facades of residential units constructed on the Subject Property shall be in general accordance with the "Building Architectural" as shown generally on Sheets 14 and 15 of 16 of the Concept Development (Rezoning) Plan as determined by the Town Land Development Official. In addition, the Applicant shall construct all residential units in conformance with the following architectural restrictions: all tingle-family detached dwelling units which have a chimney shall have a masonry cnimney, a minimum of twenty percent (20%) of all townhouses and single family detached dwelling units shall have brick frontage facades, a minimum of one (1) upgrade facade option shall be offered on each townhouse unit as determined by the Applicant which shall include, but not be limited to, dormers, columns, masonry facades, bay windows, windows lintels, or front porch/entry features, and 15. no more than two (2) units of the same architectural style will be located adjacent to each other. The Applicant shall design and construct all on-site stormwater management facilities in accordance with Best Management Practices (BMP's) as defined in the Virginia Siltation and Erosion control Handbook. The Applicant shall design and construct at least one of the on-site stormwater management facilities as a "wet" BMP facility providing that adequate stormwater flows are found to exist in a quantity which would allow for the feasible design, construction, and operation of a "wet" BMP facility during site plan review. Should a "wet" BMP facility be constructed, the Minutes of January 8, 1991 Applicant shall post a warning sign and shall construct an interior perimeter terrace or ~bench" beneath the calculated waterline in order to provide additional safety. Should the Town adopt an ordinance mandating the erection of perimeter fencing around %vet" stormwater management facilities prior to final bond release, the Applicant shall install such perimeter fencing as required by the ordinance. 16. The Applicant shall use best efforts to preserve specimen monarch deciduous trees in all open space areas and shall file Grading and Tree Preservation Plans concurrent with each and every Preliminary Subdivision Plat submission, which shall be subject to review and approval of the Town Land Development Official. 17. The Applicant shall refrain from grading activities in all open space areas possessing slopes greater that twenty-five percent (25%) ~xcept as required for construction of public roads and stormwater management facilities and instalia~on of infrastructure and public utility facilities, including, but not limited to sanitary sewer and water lines. 18. The Applicant shall file a traffic study and intersection analysis concurrent with the filing of the first preliminary subdivision plat for the Edwards Landing development. 19. The Applicant shall provide a vegetative buffer, at least fifty feet (50') in width, adjacent to the proposed Fort Evans (Pence Friedel) Shopping Center, with plantings as required by Section 9A of the Zoning Ordinance of the Town of Leesburg for an "S-3" screen, as shown generally on Sheet 5 of 16 on the Concept Development (Rezoning) Plan and shall use best efforts to preserve monarch cedar trees existing in the aforesaid 50-foot screening area. 20. All monetary contributions stated in these proffers shall be subject to adjustment from the date of final rezoning approval at a rate equal to any fluctuations in the Consumer Price Index (C.P.I.) from the date of final rezoning approval. 21. The Applicant shall pay all administrative costs associated with the Boundary Line Adjustment including plat preparation, filing fees, reasonable attorney's fees, and advertising costs. 22. The Applicant shall dedicate the approximately 0.65-acre area shown generally on Sheet 7 of 16 on the Concept Development (Rezoning) Plan as "Pump Station" and shall dedicate free and clear of all liens this area to the Town on forms and documents approved by the Town Attorney at time of subdivision plat approval for the residential section immediately adjacent to the "Pump Station". 23. The Applicant shall install a pedestrian-activated traffic signalization device at the intersection of Battlefield Parkway and Woods Edge Road as shown generally on Sheet 6 of 16 on the Concept Development (Rezoning) Plan. Twenty-five percent (25%) of the cost and installation expense of this pedestrian-activated traffic signalization device shall be deemed to be an "Off-site Roadway Improvement Fund" pursuant to Proffer 7, above, for twenty-five percent (25%) of the costs and expenses incurred in the installation of this pedestrian-activated traffic signalization device. The remaining seventy-five percent (75%) of the cost and installation expense shall be deemed to be an "On-site Roadway Improvement" and shall not count as any credits against the "Off-site Roadway Improvement Fund." This installation shall be accomplished no later than completion of construction of the final two remaining lanes of Battlefield Parkway pursuant to Proffer 9, above. 24. In the event a fire station site, adjacent to the Subject Property and possessing approximately 1- 1/2 acres, is not chosen and approved for use by the Leesburg Volunteer Fire Department and dedicated to the Leesburg Volunteer Fire Department, the applicant shall contribute to the Leesburg Fire and Rescue Department fund a monetary sum in the amount of One Hundred Dollars ($100.00) at time of issuance of each zoning permit. 25. These proffers are entered into voluntarily by the Applicant, shall apply to the Applicant's successors-in-interest, and are contingent upon the Town approving a rezoning of the Subject Property to the PRN zoning district, the Concept Development (Rezoning) Plan, and the requested Zoning Ordinance Modifications, special exceptions, and variations referenced in the Concept Development (Rezoning) Plan. SECTION II. Joint Resolutions 90-291 and 90-292 of Loudoun County in Virginia and The Town of Leesburg in Virginia; adopting a boundary line adjustment and authorizing publication of a revised corporate I)oundary for the Town of Leesburg, Virginia, and modifying the Annexation Area Development Policies shall be made an official part of the record of this rezoning approval. SECTION HI. The Zoning Administrator shall amend the Leesburg Zoning District Map to reflect the revised Corporate Limits as generally depicted on a Plat entitled, "Plat Showing Boundary Line Adjustment, Board of Supervisors - County of Loudoun, Town Council - Town of Leesburg" prepared by Patton, Harris, Rust & Associates and dated May 4, 1990 as revised June 7, 1990; and as more particularly described in a legal description of metes and bounds entitled "Description of the Property of Pinnacle-Ryan Associates, Catoctin Election District, Loudoun County, Virginia" as prepared by Patton, Harris, Rust and Associates. SECTION IV. In accordance with Section 740.3.2(c)(2) of the Loudoun County Flood Hazard District regulations as adopted and administered for all properties annexed by the Town of Leesburg, a special exception is hereby granted to allow a public street crossing within the Cattail Branch Floodplain. The regulations of the FHD, Flood Hazard District shall apply to this property as appropriate, in addition to the adopted PRN zoning. SECTION V. Development of the property shall be in conformance with the rezoning concept plan notes and sheets dated April, 1990 as prepared by Patton, Harris, Rust & Associates. Variations to Minutes of January 8, 1991 Sections 13-73(j) and 13-75(c)(2)((d)) of the Subdivision and Land Development Regulations are hereby granted, to allow a public cul-de-sac to be over 600 feet. and to allow thirty-eight (38) townhouses to be served on a private parking court respectively. However, rezoning concept plan approval is tentative, and the final plat and construction drawings are subject to all other terms and conditions of the applicable subdivision and zoning ordinances as well as Town engineering and construction standards. Also, rezoning concept plan approval does not express or imply any waiver or modification of the requirements set forth except as specifically cited by ordinance section and paragraph in the motion for approval of this rezoning. Finally, housing density may be decreased below the maximum approved if necessary to provide, in the general locations indicated, all public facilities and proffered items to the appropriate Town standards. SECTION VI. This ordinance shall be effective upon its passage. Mr. Stephenson stated that proffer number 24 was added in the event that the fire station site is not chosen and approved for use by the Leesburg Fire Company and dedicated to the fire company, the applicant shall contribute to the fire company the sum of $100.00 per dwelling unit upon issuance of the zoning permit. A Statement of Intent is attached which gives the town a greater assurance that the statement of intent will be carried out. This is a rezoning from County R-1 (now town R-l) to PRN. It is a rezoning of I dwelling unit per acre to 2.62 dwelling units per acre. Mr. Clem stated that the Council should look inW bonding the amenities. Mr. Lovin stated that he came on the Council in 1988, when this application was known as PoWmac Crossing South. This was before the additional acreage was added to the application to bring the application into conformance with density. The applicant has come a long way in getting this application to where it is tonight. I support the application. Regarding wetlands, I am going to rely on the town and its requirement. The town is required to receive expert authentication by the Carp of Engineers to prove that the developer has met the environmental requirements. Mayor Sevila asked if the staff is relatively satisfied that all of the issues raised during the public hearing have been or will be met during the course of development of this property. Mr. Stephenson stated yes. Nay: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None On motion of Mr. Webb, seconded by Mr. Clem, the following resolution was proposed and adopted. 91-12 - RESOLUTION - CREATING A CITIZENS AD HOC COMMITTEE TO EXAMINE POTENTIAL FII~ STATION STIES WHEREAS, on December 12, 1990, after considerable deliberation, Town Council declined to amend the Town Plan to include a site for a fire station at Exeter Subdivision; and WHEREAS, citizen input during the fire station site selection process was significant; and WHEREAS, Council recognizes the need for an additional fire station in Leesburg. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An ad hoc fire station citizens advisory committee is hereby established to advise Council by developing an inventory of potential fire statio sites, analyzing their appropriateness from technical land use and cost perspectives, initiating consensus building efforts to generate public acceptance of the sites and suggesting funding mechanisms. SECTION II. The committee shall consist of the following members: Robert Steele, John Yarborough, Joe Sullivan, Jeff Sable, Vickie Smith, David Hall, Rich Huxt~ Gus Glickas, Dave Hunt, J.B. Anderson, Dale McGuire, Pat McMahon, Brian Balthrop, Martin Lovitt and Rebeccas White. The committee shall be provided with a member of town staff to assist in its efforts. SECTION III. The advisory committee is directed to report to Council by June 1, 199~, its findings and recommendations to assist Council in the Town Plan update. Mr. Lovin raised concern with the committee being too large to manage the objective of the committee. He also raised concern with the objectivity of the committee when two people on the committee have an opinion about the Edwards Landing site. The two people were part of an engineering report that found the Edwards Landing site to be inadequate. If we are going to create an ad hoc committee it should start out with an objective approach that does not have members that have already formed an opinion. will be at will have Clem concurred with 15 members being a lot" however, more then likely not all 15 people any given meeting. With Jeff Sable and Joe Sullivan being county employees, the committee the benefit of computer modeling. Mayor Sevila stated that he has been party to committees that have had fifteen or more members - some of which the committees worked and some did not. This is not a policy making ad hoc committee. It is a committee with a purpose and objective. The usual function of our staff is to recommend and propose the adoption of a set of bi-laws that include parliamentary operations. Mr. Lovin stated that he would vote against the resolution for reasons stated previously. The vote is no disrespect to the people who have volunteered to serve on the committee. I am supportive of the Minutes of January 8, 1991 committee but would like to see one that is smaller. Mrs. Forester also raised concern with the number of members. It can be an unwieldy committee. She is also concerned with comments made at the previous Administration and Public Works Committee, such as '~vell so and so will be there just in case so and so can't be there." If your named a member of the committee and the criteria used to want to serve is that you could be there in lieu of someone else - then I would encourage anyone who is going to be on this committee to think twice about that. Once they start meeting it is really important to be there all the time. It is an issue that will have to be covered in a short period of time. There are a lot of things that have to be looked at; sites, financing, appropriateness of all the locations and technical land use issues. I don't support fifteen but I will go along with fifteen. I really believe that the people who were chosen for this committee need to take a hard look at what it is that they wanted to do when they joined and make sure that they are wining to put in the time. , . Aye: Councilmembers Bangs, Clem, Forester, Kimball, Webb and Mayor Sevila Nay: Councilmember Lovin On motion of Mr. Lovin, seconded by Mrs. Forester, the following resolution was proposed and unanimously adopted. 91-13 - RESOLUTION - APPROVING THE DEVELOPER'S COMPETITION FOR THE GROUND LEASE AT 6-12 LOUDOUN ST., S.W. AND APPOINTING A COUNCiLMANIC REPRESENTATIVE TO THE SELECTION TEAM WHEREAS, the approved town budget for fiscal year 1991 includes $225,000 in projected revenue from the lease of property at 6-12 Loudoun St., S.W.; and WHERF_UkS, the property will provide additional retail and office in-fill within the Historic District and will screen the south end of the parking facility; and WHEREAS, a developer's competition document has been prepared and a selection team recommended; and WHEREAS, the document has been circulated among members of the local business community for comment and upon Council approval will be published and widely distributed to generate as much interest as possible: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The attached developers competition for ground lease at 6-12 Loudoun St., S.W. is hereby approved for publication and distribution. SECTION H. The Councilmanic representative on the selection team will be William F. Webb. Mr. Brown pointed out that a couple of items within the body of the Developer's Competition have been modified. Mayor Sevila noted that the terms of the lease would be worked out between the town attorney and the successful bidder. Mr. Kimball suggested having a member of the town's Economic Development Advisory Committee also serve on this project. Nay: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila None On motion of Mrs. Forester, seconded by Ms. Bange, the following resolution was proposed and unanimously adopted. 91-14 RESOLUTION - ESTABLISHING A POLICY REGARDING SETTING JOINT PUBLIC HEARINGS WITH THE PLANNING COMMISSION WHEREAS, several requests have been maae recently to grant joint public hearings for consideration of special exception or rezoning requests; and WHEREAS, Sections 15.1-493 and 15.1-431 of the 1950 Code of Virginia, as amended, require that the Planning Commission and Town Council hold public hearings on zoning ordinance and map amendments and that the hearings may be held jointly; and WHEREAS, the Planning Commission meets on four Thursdays each month thereby offering timely opportunities for hearings and avoiding delays in processing applications; and W~IE~, Council desires to provide, whenever possible, members of the public sufficient opportunities to voice their opinions and concerns formally before Council and the Planning Commission; and WHE~, occasional scheduling restraints may require a joint public hearing with the Planning Commission: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Minutes of January 8, 1991 It shall be the policy of the Town Council to authorize joint public hearings with the Planning Commission only in emergency situations created by holiday schedules, court deadlines or where the Town Council deems it necessary to promote the health, safety and welfare of the town. Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila Nay: None Mr. Dave Hunt, with the Leesburg Fire Company, addressed the Council with regard to the proposed fire substation and read a motion adopted by the Leesburg Fire Company at their December meeting. Mr. Hunt's statement and the motion is attached and made a part of the minutes. Mr. Lovin questioned the parameters of the location of the proposed site that was adopted in the fire company's motion. Mr. Hunt stated the fire company's request is to remain in the inner loop of the bypass between Edwards Ferry Road and the Fieldstone complex east of Mayfair Drive. The fire company's main concern is in getting members across the bypass, both going to the fire station to pick up the apparatus and then returning across the bypass. The Edwards Landing site may be an excellent site in 10 to 15 years when Battlefield Parkway is completed. Mayor Sevila stated that Mr. Hunt has been appointed to the ad hoc fire station committee and he can use his position on the committee to attempt to influence the vote by presenting his motion at the first meeting. Mrs. Forester stated that if she had seen the fire company's motion before the vote she would have been vehemently opposed the committee members. The perimeters listed in this motion are "ridiculous." Mayor Sevila stated that hopefully Council has created a balance of citizens that is going to make sure that all interests are protected including having the expertise of the fire company representatives who know some of the criteria that goes into selecting a site. Mrs. Forester stated that it was going to be an open ad hoc committee to look at the needs of the northeast quadrant, actually the needs of the town and establish something in the northeast quadrant if the committee decided that was necessary. We already have the fire company saying exactly where they want it, when they want it and that it is necessary. On motion of, and duly seconded, the meeting was adjourned. Clerk of Council Robert E Sevil~ Mayor Town of Leesburg