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HomeMy Public PortalAbout1992_06_09133 TOWN COUNCIL MEETING MINUTES OF JUNE 9, 1992 ~ regular meeting of the Leesburg Town Council was held on June 9, 1992, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by the Mayor. INVOCATION was given by Councilmember Georgia W. Bange SALUTE TO THE FLAG was led by Councilmember Claxton E. Lovin ROLL CALL Councilmembers present Georgia W. Bange James E. Clem Christine M. Forester Claxton E. Lovin William F. Webb Mayor Robert E. Sevila Absent Councilmember Donald A. Kimball Staff members present Town Manager Steven C. Brown Assistant Town Manager for Economic Development and Administration Peter Stephenson Director of Finance Paul E. York Director of Engineering and Public Works Thomas A. Mason Director of Utilities Randolph W. Shoemaker Director of Planning, Zoning and Development Michael Tompkins Director of Parks and Recreation Gary Huff Zoning Administrator Scott Johnson Planner Gene Arner Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland APPROVAL OF MINUTES MOTION On motion of Mr. Webb, seconded by Ms. Bange, the regular meeting minutes of May 12, 1992 and May 26, 1992, were approved as written. VOTE Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila Nay: None Absent: Kimball Mr. Kurt Wolter and Ms. Ann Sullivan, representing the Charles E. Smith Company, addressed the Council. Mr. Wolter and Ms. Sullivan presented the town with a check to help contribute towards this year's 4th of July fireworks. Mr. Howard Armfield, representing the Ad hoc Committee for downtown Leesburg, addressed the Council. Mr. Armfield reviewed a report, to the Mayor and Council, regarding the committee. Mr. Armfield's memo is attached and made a part of the minutes. MOTION On motion of Mr. Lovin, seconded by Mrs. Forester, the life of the ad hoc committee is extended to June 134 Minutes of ,June 9, 1992 $0, 1992. VOTE Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila Nay: None Absent: Kimball Ms. Kristen Umstattd, a resident of 353 Foxridge Drive, S.W., addressed the Council. She stated that folks from WAGE Radio and Gary Huff's department worked very hard to raise money for the fire works. She extended her gratitude to them for the initiative they took and hard work they put in. She also thanked Ms. Sullivan with the Charles E. Smith Company for matching the contribution. With regard to the proposed water and sewer rate increase. She stated that she went door to door through Leesburg to get a better sense of how people feel about the proposed sewage treatment expansion. The happiest people, when this topic was raised, were the ones who said we are leaving town. The rest of the folks who are not selling and leaving feel in general this is something they just cannot bear. They are already paying excess taxes because they live in the town. Living in Leesburg is like living in a special tax district. In general, the consensus gathered this weekend is that the citizens do not feel it is fair for them to pay for future growth. If we put into effect this full doubling of plant capacity and the over 125 percent increase in rates we will burden the citizens for growth that may not even happen. This also applies to the small business owners in this town. It is not right that the small shop owners of downtown and the outlying strip malls pay for Wal-Mart, which can pay for itself. Ms. Umstattd asked that the Council reconsider this full exp~n.~ion. That the Council seriously look at reviewing what we can get for less then $26 million. What can we get for $20 million and $15 million and that we take into consideration the heavy cost we are asking the citizens to bear and that we respect those citizens and make certain they don't have to bear an unbearable burden. Mr. Alton Echols, addressed the Council with regard to stimulating the downtown historic district~ Mr. Echols reviewed a report from Ms. Susan Home of the Loudoun County Chamber of Commerce. This report is attached and made a part of the minutes. Mr. Dave Culbert, representing Heritage Hall, addressed the Council. He stated that the applicant has requested an amendment to the Zoning Ordinance. This item is listed on the Council Agenda as 10. (n). Mr. Culbert is present to answer any questions at the time this item comes up. Mr. C. W. Lewis, a Leesburg resident, addressed the Council with regard to the proposed water and sewer rate increases. He stated that unless there is some imperative reason for deciding this now he urged the Council to consider the possibility of a concerted effort to reduce water consumption. Specifically the experience of other jurisdictions. The Council might find something that would be innovative, economical and would not involve this massive increase with its consequent deterrent effects on growth of rates. Mr. Don Stanzel, representing Wal-Mart, addressed the Council in support of item 10. (d) on the Council agenda. Ms. Mary Hope Worle¥, representing the Stowers family, addressed the Council with regard to the expansion of the wastewater treatment plant as it relates to the Stower's property. '~r~'e feel that there is an obligation from the town to provide sewage discharge capabilities when our land was rezoned. As you recall, substantial proffers were given in exchange for this zoning. Two of these proffers include approximately 40 acres for the Toll Road and 50 acres for the airport clear zone. These are to be given without monetary compensation. We are living with these generous proffers of. the 80's in the 90's real estate market. We have paid our taxes on our land under this new zoning and expect to live up to these proffers. If we cannot have the assurance that adequate sewage discharge capabilities are available when we decide to aggressively market our land we will in effect not be able to use this density. Thus there are things that we would assume. One, that we have some of our taxes returned. That we have an automatic lowered assessment and that the proffers that have been given would be reimbursed. In summary, we intend to keep up our part of the requirements due to the zoning. We support the town's upgrading and expanding the water pollution control facilityF Mr. Bruce Roberts, addressed the Council to clarify a couple of things that have been said about Leesburg Renaissance (LRI) and also the ad hoc committee's work. He stated that from day one of LRI's inception, it was to be an organization for the entire town. The advertising monies to be spent would be used for the entire town not just tourism. Recognizing the downtown is suffering the most and needs a direct 135 Minutes of ,June 9, 199~. influx of advertising. "It is important for everyone in the business community to work together to put forth our best effort and try to get things turned around." PUBLIC HEARING - to consider Special Exception Application #SE-92-0~- First Viradnia Bank Mr. Gene Arner, addressed the Council, presenting the staff report and a slide presentation. Mr. Harold Pierce, an architect representing First Virginia Bank~ was present to answer any questions. There was no public comment. The Mayor closed the public hearing. MOTION On motion of Mr. Lovin, seconded by Ms. Bange, this item was taken out of order. VOTE Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila Nay: None Absent: Kimball 10. MOTION On motion of Mrs. Forester, seconded by Ms. Bange, the following ordinance was proposed and unanimously adopted. 92-0-16 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-92-0~. BY FIRST VIRGINIA BANK WHEREAS, First Virginia Bsnk has applied for a special exception to allow installation of a third drive-in facility at its branch at 504 East Market Street; and WHEREAS, under Article 4 of the Zoning Ordinance, a bank with more than two drive-in facilities is a special exception use in the B-2 zoning district; and WHEREAS, the Planning Commission has considered this application and on May 21, 1992 recommended conditiOnal approval; and WHEREAS, the Town Council held a public hearing on this application on June 9, 1992; and WHEREAS, the proposed use meets the special exception review criteria set forth in Article 11 ' of the Zoning Ordinance: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Special Exception Application #SE-92-02 is hereby approved with the following condition: Issuance of a zoning permit for construction shall be conditioned upon approval by the Director of Engineering and Public Works of a grading, drainage and circulation plan submitted by the applicant and prepared by an engineer/surveyor licensed to practice in the Commonwealth of Virginia. COUNCILMEMBER COMMENTS Mr. Webb reported on the resignation of the manager of Multivision Cable. He stated that Mr. Chris Bergman will be the new manager. Six people were present at Saturday's Listening Session and spoke in regards to the proposed expansion and upgrade of the wastewater treatment plant. Mr. Brown, a resident of Ayr Street, was also present on Saturday and reported on the noise coming from the air conditioning units from the new Rust Library. Mr. Webb asked that town manager Steve Brown look into this matter. 136 Minutes of June 9, 1992 Mr. Lovin attended the program held at the high school for the graduating students. Mr. Clem had no comment. Mrs. Forester noted that Mrs. Horne's report does not include the town's total contribution to the tourism effort. She reported on the Leesburg Crime Prevention's "National Nite Out Walk Against Crime" to be held on August 4. Ms. Bange attended a management seminar this morning at the hospital. On Tuesday she attended the Business Women's meeting where Officer Doug Taylor was present and gave a presentation. She attended the joint meeting of the Loudoun County Planing Commi~ion and Board of Supervisors regarding the extension of the Toll Road. She thanked the citizens for presenting their views on the proposed expansion of the wastewater treatment plant. MANAGER'S REPORT Mr. Brown noted that the Council did receive a copy of the written Activity Report. He reported on the DARE Graduation Program held on June 4, 1992, at Catoctin Elementary School. Officer Doug Taylor was also present. LEGISLATION 10. (a) and 10. (c) MOTION On motion of Mr. Webb, seconded by Ms. Bange, these items were referred to the June 16, 1992, Administration and Public Works Committee for further consideration. DISCUSSION Mr. Webb stated that there are a number of citizens who have contacted him. "None of these citizens disagree with the concept of what has to be done. However, they disagree with the magnitude of money and the increase in rates. Considering the fact that the town has to do certain things to conform with state'law, what can the town buy for $12 million, $15 million, etc., rather then spending the $26 million." Mr. Lovin stated that he would vote against the motion. "Sending it back to committee could not be productive. It is a delaying tactic. We need to move ahead. Delaying it actually costs the town money. I am ready to vote tonight." Mr. Clem asked if staff has heard any response from Maryland. Mr. Brown stated that the public hearing is scheduled for June 29. Mr. Webb stated that he could not support doing anything until the town receives positive assurance from Maryland that we will get the permit. Mr. Webb read a letter written by Mr. Bill Hurley of 19 Liberty Street, Leesburg. Mr. Hurley's letter is attached and made a part of the minutes. Mr. Clem stated that the Council has thoroughly discussed this issue. He stated that he feels the town does not have any other alternative. The town must do a mandatory upgrade of its facility and an expansion to address needs. "sVith the economic trend as it is today do we need the 2.5 mgd increase." He stated that he would like to refer this matter back to committee to discuss these outstanding issues. Mr. Lovin stated that Director of Utilities Randy Shoemaker at an earlier meeting stated that it would be very unusual for the permit to be denied when Maryland's own standards for discharge are less then the Town of Leesburg's. We will be putting in wastewater that is cleaner then what Maryland asks for. "Regarding the matter of what do you get for $15 million or $10 million? I ar.~ not sure how much of 137 Minutes of June 9, 1992 the public knows that the sewer facility, to meet Virginia standards, needs a $6 million upgrade. Even if we don't expand it one gallon we have to pay $6 million." WTith regard to growth. Built into the plan is an assumed growth of 2.5 percent per year. The figures that the Council received last Monday - from 1991 to 1992 water and sewer went up 4.5 percent. We are not using any kindof unrealistic growth." '~gg'ho in their right mind is going to come to this town and do any kind of rezoning and pay proffers if we tell them your on your own for water and sewer. That is not very productive. ~' Mrs. Forester stated that she agrees with everything Mr. Lovin said. "In order for this legislation to pass we need a two-thirds vote. It would be counter productive to take a vote to vote this down if there is an opportunity to come up with something that is acceptable. It is an important piece of legislation and we cannot afford to have this expansion denied at this point. I will reluctantly support sending this back to committee." Mayor Sevila agreed with Mrs. Forester in her analysis of the two-thirds vote. "It would send the wrong message to the people who we are going to be asking to invest in this bond by demonstrating what looks like less then the support of this Council in .adopting lt. ~t/[ayor Sevila will support the motion. He stated that he hopes the citizens of this town will use the intervening two weeks to understand the issue. Mr. Lovin pointed out that the town will not have received notice from the State of Maryland by the June 16, committee meeting. VOTE Aye: Councilmembers Bange, Clem, Forester, Webb, Mayor Sevila Nay: Lovin Absent: Kimball 10. (d) Mr. Brown summarized the proposed legislation in lieu of the reading. MOTION On motion of Mrs. Forester, seconded by Mr. Lovin, the following resolution was proposed and unanimously adopted. 92-80 - RESOLUTION - APPROVING COMPREHENSIVE SIGN APPLICATION #CSP-92-01 FOR THE SHENANDOAH SQUARE SHOPPING CENTER LOCATED ON THE NORTHWEST CORNER OF THE ROUTE 15 BYPASS AND EDWARDS FERRY ROAD WHEREAS, on April 17, 1992, the applicant, Aronov Realty Company, Inc., applied for a Comprehensive Sign Package for the Shenandoah Square Shopping Center, located on the northwest corner of the Route 15 Bypass Edwards Ferry Road; and WHEREAS, on May 18, 1992 the Board of Architectural Review recommended approval of the sign package with amendments; and WHEREAS, the Council had previously determined that the signage along the Route 15 Bypass for the large shopping centers presents a unique circum~nce in which a monument sign that exceeds the size limitations specified in Article 10 of the Leesburg Zoning Ordinance is appropriate because of the length of road frontage, adjacent traffic speed on a major road, the number of traffic lanes on Route 15, and the distance the sign will be set back from the right-of-way; and WHEREAS, the proposed signage is compatible with the aesthetic concerns of the Town of Leesbur~. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Authorization for the Shenandoah Square Shopping Center Comprehensive Sign Package #CSP-92-01 is hereby approved to permit signage larger than permitted by Article 10 (Sign Regulations) based on the rationale that the distance from the right-of-way, the travel speed of adjacent 138 Minutes of June 9, 1992 traffic on a m~jor thoroughfare, and the diminished visibility of the available services from southbound traffic on the Route 15 Bypass makes this a reasonable request. The following limitations regarding signage shall apply: The monument signs identified as Sign A, Sign B and Sign C shall be constructed and located consistent with the plans submitted to the Board of Architectural Review. The dryvit material on Sign A will be attached to a durable backing to resist mutilation. The signage on Sign A and Sign B for Wal-Mart and the two individual tenants shall consist of white channel letters. A star may replace the hyphen in the Wal-Mart Sign consistent with the new corporate logo. Extraneous information such as "Satisfaction Guaranteed" and "We Sell For Less" which do not relate to the products and services provided at the Wal-Mart store will be eliminated from the facade. Actual services provided at the store such as a pharmacy and garden center may be provided in white block letters on the red band that runs the length of the building. o The individual tenant spaces and independent building pads will be subject to the design standards submitted by the applicant and the letter size recommended by the BAR. The in-line store fronts of the shopping center shall have red letters not to exceed 36 inches in height. The independent building pads will submit a sign plan for BAR review that demonstrates compatibility with the overall architectural expression of the shopping center. Prior to the issuance of sign permits, the applicant will submit detailed landscaping plans for the monument signs and be subject to the review and approval of the BAR. DISCUSSION Mrs. Forester stated that she wanted to be sure that the monument signs were going to be consistently one color. VOTE Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila Nay: None Absent: Kimball 10. (e) MOTION On motion of Mr. Webb, seconded by Mr. Clem, the following resolution was proposed and unanimously -adopted. 92-81 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE AGREEMENT WITH RICHMOND-AMERICAN HOMES OF VIRGINIA INC., AND THE EXETER HOMEOWNER'S ASSOCIATION, INC. WHEREAS, Richmond-American desires to construct and Exeter desires the right and accepts responsibility to maintain irrigation facilities and improvements on town right-of-way; and WHEREAS, the irrigation system will be privately maintained and operated; and WHEREAS, the draft agreement ensures that Richmond-American and Exeter Homeowner's Association have full responsibility for installation and maintenance of the system; and WHEREAS, the agreement protects the town from undue financial and liability exposure; and WHEREAS, approval of the use of public right-of-way for installation and maintenance of the system must be granted by Town Council or its delegated representative in advance of construction; and WHEREAS, a final draft of the license agreement authorizing conditional use of town right-of-way for this purpose has been agreed to by legal staff of all parties involved. 139 0 Z Minutes of June 9, 1992 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Manager is authorized to execute, in a form approved by the Deputy Town Attorney, a license agreement with Richmond-American Homes of Virginia, Inc. and the Exeter Homeowner's Association, Inc. authorizing the use of town right-of-way for the purpose of installing and maintaining an irrigation system. SECTION II. The license agreement shall include the following provision: The town may unilaterally terminate the Agreement upon 10 days notice in the event the town determines the maintenance and/or operation of such irrigation system and the continuation of such License shall adversely affect the Health, Safety and Welfare of Leesburg. VOTE Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila Nay: None Absent: Kimball ~o.(0 MOTION On motion of Mr. Clem, seconded by Mr. Webb, this item was referred to the June 16, 1992, Administration and Public Works Committee. DISCUSSION Mr. Brown stated that this matter is currently being reviewed by the town's special counsel to determine the appropriate action for the town. We have received assurance from Mr. Grayson that he will continue to collect refuse for the Town of Leesburg until this item is resolved. Mrs. Forester asked if the town should be concerned with the capacity of the landfill and whether that would affect contracts if the landfill could not be used? VOTE Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila Nay: None Absent: Kimball 10. (g), (h), (i). (i). (k), (1), (m), substitute (n) MOTION On motion of Mr. Clem, seconded by Mr. Webb, the following resolutions were proposed as consent items and unanimously adopted. 92-82 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR CROSSROADS BAPTIST CHURCH WHEREAS, Crossroads Baptist Church 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 Crossroads Baptist Church Building Committee has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a letter of credit in the amount of $18,611.00 from the Bank of Loudoun which automatically renews for one year periods, was provided to guarantee the installation of public improvements at the Crossroads Baptist Church; and 140 Minutes of June 9, 1992 WHE~, the Director of Engineering and Public Works has approved the amount of $18,611.00 to guarantee installation of the remaining public improvements at the Crossroads Baptist Church. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one year for the installation of public improvements is hereby approved for Crossroads Baptist Church. SECTION II. The letter of credit from the Bank of Loudoun in the amount of $18,611.00 is approved to guarantee the installation of public improvements at Crossroads Baptist Church. 92-83 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTAI,I,ATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER WHEREAS, Richmond American Homes, the developer of Exeter 8, 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 WHE~, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a corporate surety bond in the amount of $191,808.00 from American Motorists Insurance Company was provided by the developer to guarantee the installation of public improvements in Exeter Section 8; and WHERF_u~, the Director of Engineering and Public Works has approved the amount of $191,808.00 to guarantee installation of the remaining public improvements in Exeter Section 8. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one year for the installation of public improvements is hereby approved for Exeter Section 8. SECTION II. The corporate surety bond from American Motorists Insurance Company in the amount of $191,808.00 is approved to guarantee the installation of public improvements in Section 8. 92-84 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER WHEREAS, Richmond American Homes, the developer of Exeter 9, 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 developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a corporate surety bond in the amount of $1,024,292.00 from American Motorists Insurance Company was provided by the developer to guarantee the installation of public improvements in Exeter Section 9; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $1,024,292.00 to guarantee installation of the remaining public improvements in Exeter Section 9. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one year for the installation of public improvements is hereby approved for Exeter Section 9. SECTION II. The corporate surety bond from American Motorists Insurance Company in the amount of $1,024,292.00 is approved to guarantee the installation of public improvements in Exeter Section 9. 141 Minutes of June 9, 1992 92-85 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALI,&TION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR BATTLEFIELD PARKWAY PHASE II AND THE BIG SPRINGS STORMWATER MANAGEMENT POND WHEREA~, Richmond American Homes, the developer of Battlefield Parkway Phase II and the Big Springs Stormwater Management Pond, has not completed all the required public improvements in accordance with the approved construction drawings and town ~andards within the two year period agreed to in the contract for public improvements; and WHEREAS, the developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a corporate surety bond in the amount of $352,237.00 from American Motorists Insurance Company was provided by the developer to guarantee the installation of public improvements in Battlefield Parkway Phase II and the Big Springs Stormwater Management Pond; and WHE~, the Director of Engineering and Public Works has approved the amount of $352,237.00 to guarantee installation of the remaining public improvements in Battlefield Parkway Phase H and the Big Springs Stormwater Management Pond. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one year for the installation of public improvements is hereby approved for Battlefield Parkway Phase II and the Big Springs Stormwater Management Pond. SECTION H. The corporate surety bond from American Motorists Insurance Company in the amount of $352,237.00 is approved to guarantee the installation of public improvements in Battlefield Parkway Phase H and the Big Springs Stormwater Management Pond. 92-86 o RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER EXTENSION PERMIT FOR EXCALIBUR CABLE 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 Excalibur Cable. SECTION II. The extension of municipal water for Excalibur Cable is approved in accordance with Section 19-18 of the Town Code. SECTION Ill. A cash bond in the amount of $13,168.00 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering and Public Works for Excalibur Cable. 92-87 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR SPECIAL EXCEPTION APPLICATION #SE-92-03 FIRST MOUNT OLIVE BAPTIST CHURCH RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider special exception application #SE-92-03 for the First Mount Olive Baptist Church to expand the existing parking lot located at 216 West Loudoun Street. Notice shall be published in the Loudoun Times Mirror on June 10, 1992 and June 17, 1992 for public hearing on June 23, 1992 at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia. 92-88 - RESOLUTION AUTHORIZING A PUBLIC HEARING FOR SPECIAL EXCEPTION APPLICATION #SE-92-04 BY LEESBURG SEVENTH DAY ADVENTIST CHURCH RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: A notice of public hearing to consider special exception application #SE-92-04 by Leesburg Seventh Day Adventist Church shall be published in the Loudoun Times-Mirror on July 1, 1992, and July 8, 1992, for public hearing on Tuesday, July 14, 1992, in the Council Chamhex of the Government 142 Minutes of June 9, 1992 Center at 25 West Market Street, Leesburg, Virginia 22075. 92-89 - RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE SECTION 4F-6(2) OF THE MC ZONING DISTRICT TO REDUCE THE SIDE YARD REQUIREMENTS UNDER CERTAIN CONDITIONS AND SETTING A JOINT PUBLIC HEARING WHE~, the Planning and Zoning Committee on June 2, 1992 directed staff to set a joint public hearing to consider an amendment to the Leesburg Zoning Ordinance; and WHEREAS, the proposed revisions are narrow in scope and applicable to only the MC zoning WHEREAS, this amendment will assist development within the MC district where a new or existing structure may utilize the side yard setback for expansion if the effect of the encroachment can be demonstrated as compatible with the surrounding and adjacent uses; and WHEREAS, the proposed amendment is intended to promote the public health, safety and welfare, and will facilitate convenient, attractive and harmonious development: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment to Section 4F-6(2) of the Leesburg Zoning Ordinance is hereby initiated to include the text as stated below: Section 4E-6. YARD REQUIREMENTS (2) Side yard 15 feet; unless it can be demonstrated to the satisfaction of the Town Council, upon recommendation of the Planning Commission, that a zero side yard setback or a reduced side yard setback will facilitate a structure that is harmonious and compatible with surrounding uses within the MC district. SECTION II. A joint public hearing with the Planning Commission and the Town Council shall be held on June 23, 1992 regarding the proposed zoning ordinance amendment pursuant to Title 15.1-431 of the 1950 Code of Virginia, as amended. The public hearing shall begin at 7:30 p.m. or as soon thereafter as the matter may be reached, and shall be held in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The clerk shall publish notice of this hearing in the Loudoun Times-Mirror on June 10, 1992 and June 17, 1992 and shall advise the Planning Commission of the purpose, time, and date of the hearing. SECTION III. The Planning Commission shall consider this proposed amendment and report its recommendation to the Town Council on or before the Joint Public Hearing date of June 23, 1992. VOTE Aye: Councilmembers Bange, Clem, Forester, Lovin, Webb and Mayor Sevila Nay: None Absent: Kimball ADJOURNMENT MOTION On motion of Ms. Bange, seconded by Mr. Webb, the meeting was adjourned at 9:25 p.m. Barbara Markland, Clerk of Council · Clem, Mayor