HomeMy Public PortalAbout1995_08_08TOWN COUNCIL MEETING MINUTES OF AUGUST 8, 1995
A regular meeting of the Leesburg Town Council was held on August 8, 1995, 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 Emswiller
SALUTE TO THE FLAG was led by Town Clerk Barbara Markland
ROLL CALL
Councilmembers present
George F. Atwell
Frank J. Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino (absent)
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Chief of Current Planning Lee Phillips
Town Attorney George Martin
Town Clerk Barbara Markland
APPROVAL OF MINUTES
MOTION ~ ~;:~
On motion of Mr. Webb, second¢ii~by Ms. Umstattd, the regular meeting minutes of July 25, 1995 were
approved as written.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Trocino
PETITIONERS
Mr. Woody Turner, representing Loudoun Healthcare, Inc., provided an update of the progress of the
Loudoun Hospital Center.
Lawrence Schonberger, a resi.~t of Prince Street, addressed the Town Council regarding agenda item
10.(m) - northeast street imp~ents. Mr. Schonberger's submitted a statement!~vhich is made a part
of the official record.
Mrs. Foster addressed the Town Council regarding the northeast street connections. She expressed
support of Mr. Schonberger's remarks. Ms. Foster, in addition, reminded the Council that school begins
in one month and there is still no traffic light at Plaza Street and Edwards Ferry Road.
Mr. Holt, a resident of Prince Street, concurred with Mr. Schonberger's comments.
Mr. Kelly, a resident of Edwards Ferry Road/Prince Street, discussed the northeast street improvements.
Mr. Jeff Ball, Executive Director of Youth Works, introduced Ms. Heather Ne~ a student at Simpson
Middle School, who spoke in support of Youth Works and Mr. Craig Elliott, who described the activities
at the'recent Youth Works camp. Mr. Elliott also expressed support for a Teen Center in Loudoun
county.
Mr. Ball requested a contribution for Youth Work~ in the amount of $3,000.
Mr. Muir, a resident of Prince' and North Streets, spoke in support of Mr. Schonberger's remarks.
Mr. Stuphin spoke in support of Mr. Schonberger's comments.
COUNCILMEMBER COMMENTS -
Ms. Emswiller assured everyone that Prince Street will be improved as well as the other streets.
Mr. Atwell referenced a letter received from the Wilsons regarding their burned out building on East
Market Street. He requested the issue be placed on the September 5, 1995 Administration and Public
Works committee meeting agenda a long with any legal options.
Ms. Umstattd stated, at the last Northern Virginia Planning District Commission meeting concern was
expressed regarding a bill being presented by Congress which would deny local governments the right to
determine where monopoles would be placed. She stateE that the NVPDC's position is that Congress
should continue to recognize sovereignty of local government.
Mr. Buttery announced that the Southeast Regional Babe Ruth Tournament was held in Purcellville this
week. He congratulated the 16 year-olds for their defeat of the #3 team in the U.S.
Mr. Webb thanked the citizens of northeast Leesburg for their comments this evening.
MAYOR'S REPORT
Mayor Clem met with several Country Club residents regarding the guardrail recently placed at Nickels
Drive. He stated that the residents are willing to work with the town and the developer.
He thanked town staff for the meeting with Suzanne Conrad regarding the Dulles Greenway grand
opening.
Mayor Clem attended John Tolbert's family reunion this past weekend and wished to thank the family
for inviting he and his wife.
Mayor Clem also thanked the northeast community for voicing their opinions this evening.
MANAGER'S REPORT
Mr. Brown highlighted the Activity Report.
He reported there is no legislation available tonight for the middle school site. The school board,
developer and the town are working to produce legislation, as well as work with the Zoning
Administrator regarding the interpretation of the proffer by the September 12, 1995. He added that the
proposed proffer was withdrawn.
Mr. Brown stated that the National Housing Partnership, owner and operator of Loudoun House, has
agreed to the conditions in the transfer of property for the removal and replacement of playground
equipment. The owner has also agreed to notify Loudoun House residents of the project.
Mr. Brown stated Mr. Juan Rivera has accepted the position of Airport Manager. Mr. Brown thanked
Stanley Caulkins and Tom O'Neal for their assistance in the hiring process.
He informed the Council that all operating funds have been released from the Balch Library Trust for
the operation of the library.
Ms. Umstattd expressed concern with proposed HUD changes that will affect Loudoun House. She
stated these changes may bear watching in the future.
LEGISLATION
9.(a)
MOTION
On motion of Mr. Wcbb, seconded by Ms. Umstattd, the following ordinance was proposed and adopted.
95-0-19 - AN ORDINANCE - AMENDING CHAPTER 8: GARBAGE AND REFUSE,
SECTION 8-12 .(b): COLLECTION SCHEDULE OF THE LEESBURG
TOWN CODE
WHEREP_S, based on an initiative of the Economic t~vclu~)a~¢=+. Commission's .'3usine~
Climate and Infrastructure Committee, ~. change in the garbage anti refuse collection schedule is desired
for the Old and Historic District; and
WHEREAS, the present schedule requires downtown businesses to place garbage itnd refuse out
on Friday evening for collection Saturday morning; and
WHEREAS, the presence of refuse and garbage on downtown sidewalks or at curbside on Friday
evenings is not consistent with the town's tourism efforts; and
WHEREAS, an amendment of the Town Code is required to change the commercial garbage
and refuse collection schedule:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Chapter 8: Garbage and Refuse, Section 8-12 (b): Collection Schedule of the
Leesburg Town Code is hereby amended to add the following language as underlined: "Garbage and
refuse will be collected by the municipality from all commercial properties on Tuesday, Thursday and
Saturday of each week, with the exception of the Old and Historic District. Garbage and refuse will be
collected by the municipality from all commercial properties within the Old and Historic District on
Tuesday, Thursday and Friday."
SECTION II. This garbage and refuse collection schedule change for commercial properties
within the Old and Historic District shall be effective September 1, 1995.
VOTE
Aye:
Nay:
Absent:
Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb, and Mayor Clem
None
Councilmember Trocino
9.(b)
MOTION
On motion of Mr. Webb, seconded~ Ms. Umstattd, the following ordinance was proposed and adopted.
95-0-20 - AN ORDINANCE: AMENDING CHAPTER 10, SECTION 1~75 OF THE
LEESBURG TOWN CODE TO RESTRICT LEFT TURNS ON KING
STREET
WHEREAS, town staff conducted a traffic analysis of restricting east and westbound left turns
on Market Street at King Street between the hours of 8:00 to 9:30 a.m. and 4:00 to 6:00 p.m. Monday
through Friday; and
WHEREAS, motorist operating vehicles at East Market Street and King Street during peak hours
have experienced delays due to left turning vehicles; and
WHEREAS, restricting left turns will benefit motorist by allowing fewer stop and delays; and
WHEREAS, restrictio~s'~ turning movements will divert vehicles to other, streets which are
adequate to accommodate additional traffic, excluding trucks and buses in excess of 7,500
pounds; and ~;
WHEREAS, the Town Council adopted Resolution 95-88 on April 25, 1995 which authorized
left turn restrictions at Market and King for a trial period of 60 days and again on June 13, 1995, adopted
by Town Council Resolution 95-114 which ends on August 30, 1995.
WHEREAS, increases in traffic on alternate routes caused by the left turn restrictions have been
small and have not caused a decrease in the level of service on these streets.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Sec. 10-75. Left turns prohibited at certain intersections.
(a) Market Street and Liberty Street, for eastbound vehicles on Market Street. It shah be
unlawful for the driver of any vehicle proceeding east on Market Street to make a left-hand turn at the
intersection of Market Street and Liberty Street.
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Co) Cornwall Street and Wirt Street, for westbound vehicles on Cornwall Street. It shall be
unlawful for the' driver of any vehicle proceeding west on Cornwall Street to make a left-hand turn at the
intersection of Cornwall Street and Wirt Street. ~
(c) Cornwall Street and Liberty Street, for eastbound vehicles on Cornwall Street. It shall be
unlawful for the driver of any vehicle proceeding east on Cornwall Street to make a left-hand turn at the
intersection of Cornwall Street and Liberty Street.
(d) North Street and Wirt Street, for westbound vehicles on North Street. It shall be unlawful
for the driver of any vehicle proceeding west on North Street to make a left-hand turn at the intersection
of North Street and Wirt Street.
~ King Street and Market Street, for westbound and eastbound vehicles, except for trucks and
buses. It shall be unlawful for the driver of any vehicle proceeding east or west on Market Street to
make a left-hand turn at the intersection of Market Street and King Street between the hours of 8:00 a.m.
to 9:30 a.m. and 4:00 p.m. to 6:00 p.m. Monday through Friday.
SECTION II. This ordinance shall be effective August 30, 1995.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Trocino
Mr. Tompkins briefly reviewed the change made in the substitute ordinance.
MOTION
On motion of Mr. Webb, seconded by Mr. Buttery, the following ordinance was proposed and adopted.
95-0-21 - AN ORDINANCE: APPROVING REZONING APPLICATION #ZM-145 TO
AMEND THE EXISTING PROFFER/CONCEPT PLAN ESTABLISHED
FOR #ZM-109 EDWARDS LANDING PRN IN LEESBURG BY RVB-
PINNACLE RYAN, INC. AND THE TOWN OF LEESBURG
WHEREAS, on January 8, 1991, the Town Council amended the zoning district map and
approved rezonlng application #ZM-109 Edwards Landing, with proffers; and
WHEREAS, on October 28, 1994 a Preliminary Subdivisio~ Plat was submitted to the town for
Edwards Landing by U.S. Home; and
WHEREAS,
certain Civil War era
recreation area; and
during the staff review of the Preliminary Subdivision Plat for Edwards Landing
earthworks were discovered on the property at the location of the proffered active
WHEREAS, staff requested that the applicant preserve these important Civil War era
earthworks; and
WHEREAS, on April 4, 1995 rezoning application #ZM-145 Edwards Landing Concept Plan
and Proffer Amendment were submitted to relocate the proffered active recreation area interior to the
site in order to preserve the Civil War era earthworks discovered on the site; and
WHEREAS, a joint Town Council/Planning Commission public hearing was held on June 27,
1995; and
WHEREAS, following the joint public hearing Council sent a resolution to the Loudoun Board
of Supervisors supporting an amendment to an existing Open Space Easement; and
WHEREAS, on July 19, 1995 the Loudoun County Board of Supervisors approved the request
to amend the Open Space Easement; and
WHEREAS, on July 20, 1995 the Planning Commission recommended approval of #ZM-145
concept plan and proffer amendment while deferring discussion of the requested variation; and
WHEREAS, on August 1, 1995 the Planning and Zoning Committee of the Town Council
determined to withhold further discussion of the concept plan until the Planning Commission completed
a review of the variation request; and
WHEREAS, on August 3, 1995 the applicant withdrew the variation request to allow up to 49
single-family attached lots on a common parking court; and
WHEREAS, on August 3, 1995 the Planning Commission approved the variation request to
permit up to 38 single-family attached lots on a common parking court on SFA land bay identified as
Phase 4; and
WHEREAS, the request is in the interest of public necessity, convenience, general welfare, and
good zoning practice.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoning application #ZM-145 Edwards Landing Proffer/Concept Plan
amendment by RVB-Pinnacle Ryan, Inc., a Virginia Corporation and the Town of Leesburg is hereby
approved.
Pursuant to Sections 15.1-491(a) and 15.1-491.2 of the Code of Virginia (1994, Cumulative
Supplement) and Section 13A-12 of the Zoning Ordinance of the Town of Leesburg in Virginia (1990),
RVB-Pinnacle Ryan Inc., a Virginia corporation (the 'Applicant'), the record title owner of
approximately 122.9 acres of real property described on Exhibit 'A' attached hereto (the 'Subject
Property') which is part of the 154.59 acres of real property described as Loudoun County Tax Map
Parcels 49-1F, 49-1H, 491I, and 49-1, and the Town of Leesburg in the Commonwealth of Virginia (the
'Town') the record title owner of 31.63 acres of real property described on Exhibit 'B' attached hereto
(the 'Town Parcel') which is the balance of the 154.59 acre parcel of real property described above,
hereby proffer that, in the event that the Leesburg Town Council approves the Conceptual Development
Plan for Edwards Landing prepared by Dewberry & Davis, dated June 27, 1995, as revised August 3,
1995, and attached hereto as Exhibit "C~ (the "Conceptual Development Plan') proposing development
of up to 407 residential dwelling units on the Subject Property, development of the Subject Property shall
take place in substantial conformance with the Conceptual Development Plan and Concept Plan for the
Subject Property by Patton, Harris, Rust & Associates approved January 8, 1991, and consisting of sixteen
sheets (Patton, Harris, Rust & Associates Concept Plan) and with the proffered conditions listed below.
Except as modified by the Conceptual Development Plan attached hereto as Exhibit C, the Patton,
Harris, Rust & Associates Concept Plan shall remain in full force and effect and both the Conceptual
Development Plan and the Patton, Harris, Rust & Associates Concept Plan shall be referred to
hereinafter as the Concept Development Plan.
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 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 located between the
Subject Property and the commercially zoned parcel proposed for development of the
Fort Evans (Pence Friedel) shopping center, possessing approximately six hundred feet
(600') in length. Dedication to the Town 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, and shall be accomplished by documents and forms approved by the
Town Attorney. ~
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 concurrently
with the build-out and development of the Edwards 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 substantially completed prior to issuance of the last
zoning permit for this townhouse section.
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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 shall 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 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 Plan:
a twenty (20) car all-weather parking lot, constructed with either asphalt or
gravel as determined by the Town during site plan review, and access road with
curb and gutter,
b. a picnic pavilion or shelter with concrete flooring,
a woodchip trail leading to and from the Potomac River as shown on Sheet 7 of
16 on the Concept Development 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
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 Recreation Area as shown generally on the Concept Development Plan:
a six-lane, twenty-five meter swimming pool, possessing a minimum of 3,200
square feet in area,
a shallow wading pool for small children, possessing a minimum of 500 square
feet in area,
Ce
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 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 ~vhirl" play structure; three or four benches as deemed
appropriate during site plan review,
d. a clubhouse with lockers, shower facilities, storage area, and small
office/reception area, possessing a minimum of 2,500 square feet in area, and
e. two tennis courts constructed of asphalt base, and
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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 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 dwelling 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 issuance of the eightieth(80th) single family
detached zoning permit and shall be completed prior to the first anniversary of the issuance of
the eightieth (80th) single family detached zoning permit.
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 towards the construction of regional roadway
improvements. All contributions shall be paid into an ~Off-site Roadway Improvement
Fund~ and shall be nonrefundable except as provided in Proffers 9 and 23, below.
Notwithstanding the foregoing, to the extent that a direct dollar-for-dollar credit is
applicable as provided below in Proffer 9 and to the extent that such ~off-site roadway
improvements* are bonded, then the above-described regional roadway improvement
contribution shall be deemed satisfied and will not be required prior to issuance of each
residential zoning permit.
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 Plan. Dedication
to the Town 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, and shall be accomplished by documents and forms
approved by the Town Attorney.
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 Plan. Two lanes of the
four-lane divided section shall be constructed concurrently 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 shah 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 shah
be completed prior to final bond release or issuance of the last residential 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 shah
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.
10.
The Applicant shah provide berming and landscaping, as shown generally on the Concept
Development 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.
11.
The Applicant shall provide a six-foot (6') wide natural woodchip trail on the eastern
bank of the stream valley of Cattail Branch to provide access to this environmental
quality corridor as shown generally on the Concept Development 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 east of the Cattail
Branch in accordance with the Concept Development Plan and shall be completed
concurrently with construction of the adjacent single family detached dwellings.
12. Signage provided along public road frontages shall be subject to Town approval and shah
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13.
14.
15.
16.
17.
18.
19.
0e
conform generally to signage plans included as Sheet 16 of 16 on the Concept
Development Plan.
Development of residential units on the Subject Property shall be accomplished in
general conformance with the phasing shown on the Concept Development 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 Architecturals" as shown generally on Sheets 14
and 15 of 16 of the Concept Development 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 single-family detached dwelling units which have a chimney shall have a
masonry chimney,
a minimum of twenty percent (20%) of all townhouses and single family
detached dwelling units shah 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 shah include, but not be limited to,
dormers, columns, masonry facades, bay windows, windows lintels, or front
porch/entry features, and
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 may, with concurrence with the Town,
design and construct at least one of the on-site stormwater management facilities as a
~vet" 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~vet'
BMP facility during site plan review. Should a ~vet" BMP facility be constructed, the
Applicant shall post a warning sign and shall construct an interior perimeter terrace or
~oench" beneath the calculated waterline in order to provide additional safety. Should
the Town adopt an ordinance mandating the erection of perimeter fencing around ~wet'
stormwater management facilities prior to final bond release, the Applicant shah install
such perimeter fencing as required by the ordinance.
The Applicant shah use best efforts to preserve specimen monarch deciduous trees in aH
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.
The Applicant shall refrain from all grading and development activities on the Bunker
Open Space Area located at the northwestern quadrant of the intersection of Edwards
Ferry Road and the Battlefield Parkway as shown on the Concept Development Plan,
which shall be maintained in its current natural state, by the Applicant or its assigns.
The Applicant shall also refrain from grading activities on all open space areas possessing
slopes greater than twenty-five percent (25%), except as required for construction of
public roads and stormwater management facilities and installation of infrastructure and
public utility facilities, including, but not limited to sanitary sewer and water lines.
The Applicant shall file a traffic study and intersection analysis concurrent with the filing
of the first preliminary subdivision plat for the Edwards Land development.
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 of the Concept Development Plan and shah use best
efforts to preserve monarch cedar trees existing in the aforesaid 50-foot screening area.
All monetary contributions ~,~ated in these proffers shah be subject to adjustment from
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January 8; 1991, the date of final rezoning approval, at a rate equal to any fluctuations
in the Consumer Price Index (C.P.I.).
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.
2.
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 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', 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 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.
In the event a fire station site, adjacent to the Subject Property and possessing
approximately 1-1/2 acres, is not chosen and approved by the Leesburg Volunteer Fire
Department and dedicated to the Leesburg Volunteer Fire Department, Wabash Drive
shall be deemed deleted form the Concept Development Plan and shall not be
constructed and 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.
4.
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
Plan, and the requested Zoning Ordinance Modifications, special exceptions, and
variations referenced in the Concept Development Plan. These proffers shall not be
enforceable against the Town of Leesburg due to its ownership of the 31.63 acres of real
property attached hereto.
SECTION Il. Concept plan approval does not express or imply any waiver or modifications to
any other requirements of the Design and Construction Standards Manual, Subdivision and Land
Development Regulations or Zoning Ordinance except as specifically cited herein.
SECTION III. This ordinance shall be effective upon its passage.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Trocino
9.(d).fe).(f).(~t).fi).O).(k)
MOTION
On motion of Mr. Buttery, seconded by Ms. Umstattd, the following resolutions were proposed as
consent, and adopted.
95-164 - A RESOLUTION: AWARDING A CONTRACT FOR ARCHITECTURAL DESIGN
AND CONSTRUCTION SERVICES FOR THE TOWN OF LEESBURG
PUBLIC SAFETY CENTER
WHEREAS, a Request for Proposals for Architectural Design and Construction Services for the
Leesburg Public Safety Center was issued in April 1995; and
WHEREAS, proposals were received on May 12, 1995 from eleven firms; and
WHEREAS, a selection committee including Councilmember Frank Buttery reviewed the
proposals and selected five firms for interviews; and
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WHEREAS, the-Moseley McClintock Group of Richmond, Virginia was selected as the top
ranked firm; and
WHEREAS, a contract has been negotiated with a fee of $52,330.00 for the Stage I Needs
Assessment and Schematic Design; and
WHEREAS, the selection committee recommends award of the Architectural Design and
Construction Services Contract to the Moseley McClintock Group.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Architectural Design and Construction Services Contract for the Town of Leesburg Public
Safety Center is hereby awarded to the Moseley McClintock Group of Richmond, Virginia. The Town
Manager is authorized to sign on behalf of the town a contract with the Moseley McClintock Group in
the amount of $52,339.00 for Stage I, Needs Assessment through Schematic Design.
95-165 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER
EXTENSION PERMITS FOR BEAUREGARD ESTATES, PHASES 2
AND 3
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
Beauregard Estates, Phase 2 and 3.
SECTION II. The extension of municipal water and sewer for Beauregard Estates, Phase 2 and
3 is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney from
International Fidelity Insurance Company in the amount of $879,165.00 is approved as security to
guarantee installation of the public improvements shown on plans approved by the Director of
Engineering and Public Works for Beauregard Estates, Phases 2 and 3.
95-166 - A RESOLUTION: AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE FOR EXETER HILLS SECTION 5A
OFFSITE IMPROVEMENTS
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 Exeter
Hills Section 5A Offsite Improvements.
SECTION II. The corporate surety bond in a form approved by the town attorney from the
American Motorists Insurance Company in the amount of $230,134.00 is approved as security to
guarantee installation of the public improvements shown on plans approved by the Director of
Engineering and Public Works for Exeter Hills Section 5A Offsite Improvements.
95-167 - A RESOLUTION: AWARDING A PURCHASE CONTRACT FOR TRACTORS
AND MOWERS
WHEREAS, sealed bids were received for a 62 PTO HP tractor with loader and snow plow and
a 40 PTO HP tractor with loader, a 22 HP 4x4 out-front mower and a folding 15' batwing type mower
attachment; ~
WHEREAS, the lowest responsive and responsible bidder for the two tractors, and the out-front
mower was Browning Equipment with bids of $36,050.00 and $21,995.00 for the two tractors and
$13,740.00 for the out-front mower; and
WHEREAS, the lowest responsive and respons~le bidder for the 15' batwing mower attachment
was Carlyle and Anderson with a bid of $7,800.00; and
WHEREAS, the Department of Engineering and Public Works and the Department of Utilities
recommend award of the contract to the lowest responsive and responsible bidder; and
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WHEREAS, adequate funds for the purchase of the equipment is included in the adopted FY96
Budget.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is authorized to execute a purchase contracts for two tractors and an out-
front mower with Browning Equipment in the amount of $71,785.00 and with Carlyle and Anderson for
a folding 15' batwing type mower attachment in the amount of $7,800.00, in accordance with the bid
documents and specifications.
95-168 - A RESOLUTION: AUTHORIZING A CONTRACT WITH COMMONWEALTH
PETROLEUM SERVICES, LTD. TO SUPPLY THE TOWN WITH
PETROLEUM PRODUCTS
WHEREAS, for several years the town has participated in a joint purchasing arrangement with
Loudoun County and the Loudoun County School System for the purchase of gasoline, fuel oil, and
diesel fuel for town vehicles and buildings; and
WHEREAS, bids were received by Loudoun County on July 3, 1995, from five firms in response
to the RFB; and
WHEREAS, the bids have been tabulated and evaluated and it is recommended that the bid
submitted by Commonwealth Petroleum Services, Ltd. under the escalating/de-escalating pricing structure
in the estimated annual amount of $58,412 be accepted as the lowest responsive and responsible bid
received:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Finance Director is authorized to award a one-year escalating/de-escalating price contract
for petroleum products to Commonwealth Petroleum Services, Ltd. in the estimated amount of $58,412
with the option to renew for the subsequent two fiscal years.
95-169 - A RESOLUTION: AUTHORIZING A CONTRACT FOR CONSTRUCTION OF THE WPZ
BOOSTER STATION
WHEREAS, the FY 96 budget includes an appropriation in the amount of $400,000.00 for
construction of the Western Pressure Zone (WPZ) water booster station; and
WHEREAS, this project was duly advertised and sealed bids were received on July 21, 1995,
pursuant to the town's Purchasing Policy and state purchasing laws; and
WHEREAS, the apparent low bidder, Albert J. Anderson, did submit a responsive bid in the
amount of $378,970.00 and, based on their qualifications and references, has been deemed a responsible
bidder:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager is hereby authorized and directed to execute a contract on behalf of the town with
Albert J. Anderson in the amount of $378,970.00, in a form approved by the town attorney, for
construction of the WPZ booster station.
95-170 - A RESOLUTION AUTHORIZING AN AGREEMENT WITH VIRGINIA POWER
CORPORATION FOR EXTENSION OF POWER TO THE CATTAIL BRANCH
PUMPING STATION
and
WHEREAS, construction of the Cattail Branch pumping station is approximately 80% complete;
WHEREAS, permanent electric power to serve the pumping station must be extended by Virginia
Power Corporation (VPC); and
WHEREAS, VPC has estimated the cost of permanent three-phase power to be approximately
$100,000.00, to be billed to the town upon completion for actual costs; and
WHEREAS, the FY 96 budget includes a sufficient appropriation in the Cattail Branch pumping
station capital project account for this expense:
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THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager is hereby authorized and directed to execute an agreement with VPC, in a form
approved by the town attorney, in an approximate amount of $100,000.00 for extension of permanent
electric service to the Cattail Branch pumping station.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Trocino
9.(h)
DISCUSSION
Mr. Atwell stated this amendment authorizes leases to be renegotiated within 5 years as opposed to 30
years.
MOTION
On motion of Mr. Webb, seconded by Mr. Atwell, the following ordinance was proposed and adopted.
95-0-22 - AN ORDINANCE - AUTHORIZING A REQUEST FOR PROPOSALS FOR LEASES AT
THE LEESBURG MUNICIPAL AIRPORT
WHEREAS, the Town of Leesburg has made lease assignments to American Beechcraft
Company, AV-ED Hight School and Blue Sky Aviation through January 17, 1996 for certain areas
previously under the Janelle Aviation lease and operating agreement; and
WHEREAS, the Town of Leesburg has hangar and office space under month-to-month lease with
Professional Pilot Services through September 30, 1996; and
WHEREAS, it is the desire of the town to maximize airport lease revenues, while maintaining
control and flexibility; and
WHEREAS, it is the desire of the airport operators to have stable, longer term leases at the
airport consistent with their business plans and capital investments; and
WHEREAS, a competitive proposal and bid process is necessary to award the lease of public
space or land beyond a five (5) year period; and
WHEREAS, a draft Request for Lease Proposals has been recommended by the Leesburg
Airport Commission, and has been reviewed and revised by the Town Council Finance Committee:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Vir~nia as follows:
The council hereby authorizes the publication of the attached Request for Proposals, dated
August 4, 1995, for the lease of office space, hangar space and land at the Leesburg Municipal Airport.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb, and Mayor Clem
Nay.' None
Absent: Councilmember Trocino
NEW BUSINESS
10.(l)
95-171- A RESOLUTION: WAIVING THE FEES FOR THE 1995 NVBIA 10K RACE AND
APPROPRIATING FUNDS TO THE POLICE DEPARTMENT BUDGET
WHEREAS, NVBIA has requested a waiver of police costs to conduct their annual 10K race on
Sunday, August 20, 1995; and
WHEREAS, the cost for police service is $700.00; and
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WHEREAS, proceeds for the race are donated every year to the Alzheimer's Respite Center.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The town manager is hereby authorized to waive the special event's fees for the
1995 NVBIA 10K race in the amount of $700.00.
SECTION II. The total of $700.00 is hereby appropriated from the unappropriated fund balance
to the appropriate Police Department budget account.
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Trocino
lO.(m)
MOTION
A motion was made by Ms. Emswiller, seconded by Mr. Webb, to adopt the motion as proposed.
95-172 AMENDING THE CIP TO INSTALL STREET IMPROVEMENTS IN NORTHEAST
LEESBURG
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. To amend the CIP to make necessary improvements to streets referenced in
Alternative I of the Wells & Associates Thoroughfare Plan dated April 24, 1995, to wit; Catoctin Circle
between North Street and Edwards Ferry Road, Queen Street between North Street and Edwards Ferry
Road, Washington Street between North Street and Edwards Ferry Road, Mayfair Drive between North
Street and Edwards Ferry Road, and Blue Ridge Avenue between Prince Street and Washington Street.
All required improvements to those streets shall be made within the current right-of-way and no
connections referenced in Alternative I shall be opened to North Street until all required improvements
are complete.
SECTION II. North Street between Plaza Street and Prince Street and Marshall Drive between
Plaza Street and Wildman Street shall not be opened as through streets until all required improvements
to Catoctin Circle, Washington Street, Queen Street, Mayfair Drive and Blue Ridge Avenue as stated
above are complete.
SECTION III. All connections to North Street (referenced in Alternative I) and the opening
of North Street and Marshall Drive as through streets, respectively, shall all occur on the same day.
DISCUSSION
Ms. Emswiller stated that the Council's intent is good. Her original motion, she stated, was not this
complex. It was simply to support the town's Comprehensive Plan and open all streets simultaneously.
Mayor Clem stated the decision to connect the streets was made in 1989. It is incumbent upon the Town
Council to protect the areas to the best of their ability. An appeal of a Planning Commission decision
would be heard by the Circuit Court.
Mr. Atwcll stated Section II of the resolution addresses the concerns of the Prince Street residents.
Ms. Umstattd stated she would vote against this item. She thanked Laurie Smith for attempting to save
the residents from the additional traffic on Catoctin Circle.
MOTION
Ms. Umstattd made a motion that the town initiate a comprehensive plan amendment to not connect any
of these streets.
The motion died for lack of a second.
VOTE ON ORIGINAL MOTION:
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Aye: Councilmembers Atwell, Buttery, Emswiller, Webb, and Mayor Clem
Nay: Councilmember Umstattd
Absent: Councilmember Trocino
lO.(n)
MOTION
On motion of Mr. Webb, seconded by Mr. Buttery, the following resolution was proposed and adopted.
95-173 - A RESOLUTION: APPROVING THE RELOCATION OF A PORTION OF A SURFACE
49B
DRAINAGE EASEMENT IN THE KINCAID FOREST SUBDIVISION, TAX MAP
((9)), PARCEL 239
WHEREAS, the Kincaid Forester Subdivision is under construction pursuant to the construction
drawings reviewed and approved by the Town of Leesburg; and
WHEREAS, the porch attached to the dwelling on Lot 239 is not located in accordance with the
approved construction drawings; and
WHEREAS, a portion of the aforesaid porch on Lot 239 now encroaches approximately seven
(7) feet into the existing surface drainage easement; and
WHEREAS, Richmond American Homes of Virginia, Inc., owner of the lot in question, has
requested that the easement be relocated to be clear of the porch construction; and
WHEREAS, the applicant has prepared a revised grading plan which will allow the relocated
easement to provide for adequate surface drainage across the property:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The relocation of the surface drainage easement as shown on Plat #RPB-267-LC, prepared
VOTE
Aye: Councilmembers Atwell, Buttery, Emswiller, Umstattd, Webb, and Mayor Clem
Nay: None
Absent: Councilmember Trocino
MOTION
On motion of, and duly seconded, the meeting was adjourned at 9:00 p.m.
Clerk of Council
amies E. Cled~, Mayo~rr
CO 8/8/95 -14-