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HomeMy Public PortalAbout1997_01_28TOWN COUNCIL MEETING MINUTES OF JANUARY 28, 1997 A regular meeting of the Lcesburg Town Council was held on January 28, 1997, at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor Clem. ROLL CALL Councilmembers present J. Frank Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd B. J. Webb William F. Webb Mayor James E. Clcm Phtr~nint~ Commission mt:mbt:rs prt:scnt Ch;.tJi'mall MervJn Jackson A. Blakt: Thompson Clifton Vaughan John David Kennedy L',twrcncc Schonbcrocr Susall RuthcrtUl'd Stat't' mcmbt:rs present Town Manager Stcvcn C. Brown Deputy Town Manager Gary A. Huff Dircctor of Planning, Zoning and Development Michael Tompkins Zoning Administrator Brian Boucher Planner Marilee Scigfried Assistant Town Manager tbr Economic Development John Henry King Deputy Town Attorney Deborah Welsh Town Clerk Barbara Markland AI'I'ROVAL OF MINUTES .\lOTION: motion of Mr. \Vcbl), seconded by Mr. Trocino, the special meeting minutes of January 2, 1997, .li~nuarv 21, 1997 und Jal~uary 22, 1997 were approved as written. VOTE: Ave: Councihncml>crs Buttery, Ems~viller, Trocino, Umstattd, B.J. Webb, Wm. Webb and Mayor Clem Nay: None AbstaiIl: Councilmcml)er Buttery from minutes of January 2, 1997, Councilmember Umstattd from minutes of Jalluary 21, 1997 and Councilmember B. J. Webb from minutes of January 22, 1997. I'ETITIONERS Mr. Steve Stockman rcprescnting Cornerstone Chapel, requested the Town Council to consider, during New Business, an ordimmce that would allow Cornerstone Chapel to obtain up to 40 acres in the Town of Lccsburg. Mr. Robert Scvila representing the oxvners of tile Lightfoot Cafe, stated his clients are in the process purchasing thc old Pt:epic's Bank and are requesting relief from the town for the cost of availability fccs in thc aIllOU[lt of $73,000 and parking tees in tile amount of $99,000. JOINT I'UBLIC llEARINGS: 6. a. TO CONS I DER AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE, SECTION 4E T() I'ER~\lIT A I'I.ACE OF W()RStllP IN THE I-1 ZONING DISTRICT BY SPECIAL EXCEPTION. .¥1r. B~mchcr I>rovidcd thc staff report. Xls. Umstattd asked it' there is any throat to tilt: health, safety ~and welfare of the children attending 5LllldilV School itt this location? Mr. Bouchcr explained, collccrlls of this naturt: are handled during the application process and he did not believe any danger exists. Mr. Steve Stockman, representing Cornerstone Chapel, addressed the Council stating the applicants concur with the staff report and request approval of the application. Mr. Andrew Kersey, representing the Law Offices of H. Kendrick Sanders and Leesburg Airpark owner, Richard E. Ward, addressed the Council conveying the written statement submitted by Mr. H. Kendrick Sanders. Tile statement requests tile denial of the Cornerstone Chapel application. Mr. Stockman stated this is a temporary use and the church would, in the future, sell the property to another ~.lse. Thc public hearing was closed. 6.b. TO CONSIDER PROFFER AMENDMENT #ZM-152 AND SPECIAL EXCEPTION APPLICATION #SE-97-01 BY CORNERSTONE CHAPEL AT LEESBURG AIRPARK Ms. Stint'tied provided a britt' staff report. Mr. Steve Stockman, representing the applicants, thanked tile Town Council, Planning Commission and staff for their efforts in expediting the application. Mr. Andrew Kersey, representing tile Law Offices of H. Kendrick Sanders and Leesburg Airpark owner Richard E. Ward, addressed the Council conveying the written statement submitted by Mr. H. Kendrick Sanders. The snJtement requests the denial of the Cornerstone Chapel application. Mr. Steve Craven, a resident of t6851 Park Hunt Court, spoke in favor of the Cornerstone Chapel application and urged tile Toxvn Council's approval of tile application. Ms. Ann Wilmcr, a resident of 503 Meade Drive, spoke in favor of the Cornerstone Chapel application and urged thc Toxvn Council's approval of tile application. Ms. Vicky Gambrel, a Lccsburg resident, spoke in favor of the Cornerstone Chapel application and urged the Town Council's approval of the application. Mr. Ron Mathis, a resident of 12 Westmoreland Drive, Sterling, Virginia, spoke in favor of the Cornerstone Chapel application and urged the Town Council's approval of the application. ,.\ls. Marilvn Floe, Iv, 1(}915 Hunt Club Road, Rcston, Virginia, spoke in favor of tile Cornerstone Chapel apl)licatiol~ and urged thc Town Council's approval of tile application. Nit-. (;',tl-v Hamrick Pastor of Cornerstone Chapel, resident of 204 Riverside Drive, Leesburg, urged the Town Council to support tile adoption of the proposed legislation. Reverend Stringer, Pastor of the First Mount Olive Baptist Church, Leesburg, Virginia also urged the Town Council to support the proposed legislation. Mr. John Drapa, a resident of Sterling, Virginia spoke in favor of the Cornerstone Chapel application anti urged the Toxvn Council's approval of tile application. Plannin,., Commission Chairman Mep,'in Jackson stated tile Planning Commission and staff has worked hard on this 'application. l'lannin.a Commission member Lawrence Schonberger stated the Planning Commission recommends approval of tile proposed legislation. Mayor Clem closed tile public hearing. COIJNCILMEMBER COMMENTS Mr. \Vcbb had no colnmcnt. Mr. l-3ullcrv was impressed with all thc speakers tonight. He reminded tile public and tile Council of the Ul)COming DARE gradtmtions and urged everyone's attendance. Ms. U mstattd thanked all tile speakers. She reported on a meeting of the NVPDC where Senate House 13ill # 1 (J 13 was discussed. She explained this bill would remove, from .jurisdictions, the ability to regulate CO 1/28/97-2- thc location of towers, antennas and rent, thereof. Mr. Trocino echoed Mr. Buttery's comments regarding the DARE program and graduation. He spoke of the proposal to eliminate personal property tax. Mr. Trocino stated a Leadership Seminar will be held on Saturday at the Shenandoah University, Leesburg site. Ms. Emswiller commended all the speakers this evening. She requested an update on the buzzard situation in town. A successful, small business workshop was held in the town office with 16 individuals ill attendance. Ms. Emswiller requestcd VDOT's transportation model and the new figures before the February 3, meeting rcgarding the Chelsea Mall application. Ms. Wcbb, in accordance with the Town Council's Ethics Policy, announced that she met with rcprcscntatives of Chelsea. Ms. Webb pointed out that in today's Washington Post, the comic strip Big Nato was drawn by the daughter of tbrmer Town employee Gene Arner. The Loudoun Abused Women's Shelter is requesting a waiver of tees for their event in September. Ms. Webb commended tonight's speakers, stating she experienced a real spiritual fulfillment from the comments made by the speakers. MAYOR'S REPORT Mayor Clem attended a meeting of tile Ccntral Loudoun Little League where tbrmer Oriole Al Bumbry was in attendance. Mayor Clem also cncouraged the attendance of everyone at the upcoming DARE progranl. Mayor Clem will present an Honorary Citizen certificate to Mr. Nikolaus Wilhelm Schimmel who will be visiting the Piano Company in Leesburg. MANAGER'S REPORT Mr. Brmvn highlighted items in the Manager's Report and responded to Ms. Emswiller's request for an update on the VDOT transportation model and the buzzard situation. I.EGISLATION I0. (d), (e), (f), (,g), (h). (i), (j), (m) ,\lOTION: On motion of Ms. Umstattd, seconded Ivy Ms. Webb, the tbllowing resolutions were proposed as consent itc'ms and acloptcd. 97- 1~ - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR POTOMAC CROSSING STORMWATER MANAGEMENT/PUMP STATION XVI4EREAS, Arcadia Building Company, tile developer of tile Potomac Crossing Stormwater Management/Pump Station, has not completed all the required public improvements in accordance with thc approvcd construction draxvings 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 improvcnlcllts; and W H E REAS, a corporate surety bond in the amount of $43,334.40 from the American Insurance Company was provided by thc dcvclopcr to guarantee the installation of public improvements tbr the Mdn,toc PO[OIIlilC Crossing Stormwatcr ~ · · ~'nlcnt/Pump Station; and \VHEREAS, thc Director of Engincering and Public Works has approved the amount of 543 334.4( to guarantee installation of thc remaining public improvements tbr the Potomac Crossing StorI~lwatcr MallagClllCllt/PuIllp StatJoll. THEREFORE, RESOLVED by tile Council of the Town of Leesburg in Virginia as follows: SECTION I. A time cxtcnsion ot' one (1) year tbr tile installation of public improvements is hereby approved for thc Potomac Crossing Storm~vater Management/Pump Station. SECTION Il. A corporatc surcty bond t'rom the American Insurance Company in the amount $43,334.4/) is approved to guarantcc the installation of public improvements tbr the Potomac Crossing Stormwatcr Mam~gcmcnt/Pump Station. CO 1/28/97-3- 97-19 - RESOLUTION- AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR POTOMAC CROSSING SECTION 2A WHEREAS, Arcadia Building Company, tile developer of the Potomac Crossing Section 2A, has not completed all the required public improvements in accordance with the approved construction ch'axvings and town standards within the two year period agreed to in the contract for public hnprovcments; and WHEREAS, tile developer has requested a one (1) year time extension to complete the public improvements; and WHEREAS, a corporate surety bond in the amount of $100,527.20 from the American Insurance Company was provided by the developer to guarantee the installation of public improvements for the Potomac Crossing Section 2A; and WHEREAS, the Director of Engineering and Public Works has approved the amount of $ [00,527.20 to guarantee installation of the remaining public improvements for the Potomac Crossing Section 2A. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one (1_) year tbr the installation of public improvements is hereby approved for thc Potomac Crossing Section 2A. SECTION Il. A corporate surety bond from the American Insurance Company in the amount ors I()1L527.20 is approved to guar',mtcc thc installation of public improvements tbr the Potomac Crossing Section 2A. 97-20- RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR THE MANORS OF LEESBURG CHURCH PROPERTY STORM DRAINAGE OUTFALL WHEREAS, Rivermead Homes, Inc., the developer of the Manors of Leesburg Storm Drainage Outfall, has not completed all the required public improvements in accordance with the approved constructioi~ drawings and town standards within tile period of time agreed to in the contract for public improvements and previously approved time extension adopted on September 10, 1996 by Resolution #96-191; and WHEREAS, tile developer has requested a sixty (60) day time extension to complete the public improvements: alld WHEREAS. a corporate surety bond itl the amount of $30,000.00 h-om tile Seaboard Surety Company was provided by thc developer to guarantee the installation of public improvements for the Manors of Lccsburg Storm Drainage Ot, tfall; and $30,(1(11 WHEREAS, thc Director of Engineering and Public Works has approved tile amount of t.(~ll to guarantee installation of thc remaining public improvements tbr the Manors of Leesburg Drainage Out fall. TIIlEREFOt>,E, RESOLVED by the Council of tile Town of Leesburg in Virginia as follows: SECTION I. A time extension of sixty (60) days tbr the installation of public improvements is hereby approved for the Manors of Lecsburg Storm Drainage Outfall. SECTION I1. A corporate surety bond from tile Seaboard Surety Company in the amount of $30,01tt).00 is approved to guarantee the installation of public improvements for the Manors of Leesburg Storm Drainage Outfall. 9%21 - RESOLUTION - AUTHORIZING A TI ME EXTENSION FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR PARK VIEW ESTATES WHEREAS, Lccsbt, rg Residential Partners, P.C., tile developer of Park View Estates, has not completed all thc required public improvements in accordance with the approved construction drawings ',,rid tOXVll standards within thc two year period agreed to in tile contract for public improvements; and \VHF_REAS, thc developer has rcqucsted a ()ne (1) year time extension to complete tile public i111J)1'o\'C111c It IS~ it I1 ',.I Will5 REAS. a letter of credit in thc amount of $99,830.82 from Virginia First Savings Bank was i,rox'idcd by thc dcvckq~cr to gu'arantcc thc installation of public improvements for Park View Estates; CO 1/28/97-4- WHEREAS, tile Director of Engineering and Public Works has approved the amount of $99,830.82 to guarantee installation of the remaining public improvements for Park View Estates. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. A time extension of one (1) year for the installation of public improvements is hcrcby approvcd for the Park View Estates. SECTION Il. A letter of credit from Virginia First Savings Bank in the amount of $99,830.82 ix approved to guarantee the installation of public improvements for Park View Estates. 97-22 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT WOODLEA MANOR PHASE I WHEREAS, Winchester Homes, Inc., tile developer of Woodlea Manor Phase I has completed thc public improvements in accordance with approved plans and town standards, and these have been it~spccted and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECT[ON I. Tile corporate surety bond from the Safeco Insurance Company in the amount of $774,000.00 is released, a new security in a form approved by the town attorney for a maintenance guarantee in the amount of $161,050.00 is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying u~lto thc /ow~ all such improvements and easements free of any liens or charges. 97-23 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE P E R FO R MANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT THE FORT BEAUREGARD TOWNHOUSES \VHEREAS, F & M Bank, Winchester, the developer of the Fort Beauregard Townhouses has completed thc public improvclnCnts in accordance with approved plans and town standards, and these have bccn inspected and approved. THEREFORE. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Thc letter of credit from the F & M Bank - Massanutten in the amount of $67,500.48 ix released, a new security ill a form approved by the town attorney for a maintenance guarantee in thc amount of $16,875.10 is approved, and shall be in effect for a period of one year from this date. SECTION II. 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. 97-24 RESOLUTION AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE FOR COMPLETION OF A CONSTRUCTION ACCESS ROAD FROM RIVER CREEK PARKWAY TO THE POTOMAC STATION MIDDLE SCHOOL WHEREAS, #ZM-I47 Potomac Station Proffer #5.a. requires the applicant to construct an all- weather gravel surface construction road from River Creek Parkway (Route 653 Extended) to the main c~ltrallcc to the Potomac Station Middle School site; and \VHEREAS, in order to ensure that tile proffered access road is built in accordance with the plans, thc applicant must post a bond and enter into a performance agreement; and Wtq E R EAS, Goose Crock Communities, L.L.C., developer of Potomac Station, requests approval of a performance guarantee tbr thc proffcrcd improvements in order to proceed with construction of the access road to tile school site: and WHEREAS, Section 13-92(a)(3) of the Subdivision and Land Development Regulations provides thc authority to accept bonding for improvements proffered as part of any zoning map amendment. THEREFORE RESOLVED by tile Council of the Town of Leesburg in Virginia as follows: SECTION l. Thc Manager shall execute tile contract for the improvements shown on. the construction plans as appro,,'cd by thc Director of Engineering and Public Works for the construction access ro'dd withill Potomac Station. SECTION I1. Thc corporate surcty bond in a form approved by the Town Attorney from the CO 1/28/97-5- Frontier Insurance Company in the amount of $72,000.00 is approved as security to guarantee installation of thc proffered improvements shown on the construction plans under review by the Director of Engineering and Public Works tbr the construction access road within Potomac Station. SECTION III. The construction access road providing access to the middle school site must be completed no later than August 7, 1997. If the access road is not completed by that date despite the exercise of due diligence by the applicant to complete construction, than Goose Creek Communities, L.L.C., may request a reasonable time extension from the Town Council. 97-25 - RESOLUTION - REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD TO ESTABLISH AN ENHANCEMENT PROJECT FOR THE IDA LEE PARK TRAIL WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that a request by resolution be submitted in order that the Virginia Dcpartment of Transportation establish an enhancement project in the Town of Leesburg; and WHEREAS, the Town of Leesburg requests the Commonwealth Transportation Board to establish a project tbr tile development of a trail through Ida Lee Park. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town of Lccsburg hereby agrees to pay twenty percent of the total costs for development of this project. SECTION 1I. The Tmvn of Lcesburg hereby agrees to reimburse the Virginia Department of Transportation, if cancellation of the project occurs, for the total amount of costs expended by the Department through the date the Department is notified of such cancellation. SECTION III. Tile Town of Leesburg establishes tile Ida Lee Park Trail as its number three ranked enhancement project. VOTE: Ayc: Councilmen~bers Buttery, Emswiller, Trocino, Umstattd, B.J. Webb, Wm. Webb and Mayor Clem Nay: None IlL (k). (I) ,XlO'I'ION: Ms. Umstattd made a motion to make item (1) tile Town's first priority, offering that tile Dodona Manor project has a national appeal. Thc motion was seconded by Mr. Trocino, stating that the greatest impact to thc Town of Lccsburg will come from thc Marshall home project. VOTF.: Aye: Nay: Cmmcihncmbcrs Trocino, Umstattd, and B. J. Webb Councihnembers Buttery, Emswiller, Wm. Webb and Mayor Clem MOTION: On motion of Mr. Wcbb, seconded by Ms. Webb, tile following resolutions were proposed and adopted. 97-26 - RESOLUTION - REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD TO ESTABLISH AN ENHANCEMENT PROJECT FOR THE ACQUISITION OF ADDITIONAL LAND FOR THE BALLS BLUFF REGIONAL PARK AND NATIONAL CEMETERY CIVIL WAR SITE WHEREAS, in accordance with tile CommonwealthTransportation Boardconstruction allocation proccdurcs, it is necessary that a rcqucst by resolution be submitted in order that the Virginia Department of Transportation establish an enhancement project in the Town of Leesburg; and WHEREAS, thc To\vii c)f Lccsburg requests tile Commonwealth Transportation Board to establish a project tbr thc acquisition of additional land tbr tile Balls Bluff Regional Park and National Ccmctcrv Civil War Site. THEREFORE, RESOLVED bv thc Council of tile Town of Leesburg in Virginia as tbllows: SECTION I. Thc Toxvn of Lcesburg hereby agrees to pay twenty percent of the total costs for acquisition of this project. SECTION II. Thc Town of Lcesburg hereby agrees to reimburse the Virginia Department of Transportation, if cancclhttion of thc project occurs, for the total amount of costs expended by the CO 1/28/97-6- Department through tile date the Department is notified of such cancellation. SECTION l II. The Town of Leesburg establishes the Balls Bluff Civil War Site Acquisition as its number one ranked enhancement project. 97-27 - RESOLUTION - REQUESTING THE COMMONWEALTH TRANSPORTATION BOARD TO ESTABLISH AN ENHANCEMENT PROJECT FOR THE STABILIZATION OF THE GEORGE C. MARSHALL RESIDENCE WH E REAS, in accorda ncc with the Commonwealth Transportation Board construction allocation proccdurcs, it is ncccssary that a request by resolution be submitted in order that the Virginia Dcpartmcnt of Transportation establish an enhancement project in the Town of Leesburg; and WHEREAS, the Town of Leesburg requests the Commonwealth Transportation Board to establish a project for the stabilization of the George C. Marshall residence. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Tile Town of Lecsburg establishes the George C. Marshall Residence Stabilization as its number two rankcd cnhanccmcnt project. VOTE: Aye: Councilmembcrs Buttery, Emswillcr, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None Nestor Sanchcz, representing thc Marshall Home stated the Town Council is sending a negative message. ! 0. (a) ~[OTION: Oil nlotioll o[' Ms. Umstattd, seconded by Mr. Trocino, the following ordinance was proposed and unanimously adopted. 97-0-1- ORDINANCE - AMENDING LEESBURG ZONING ORDINANCE SECTION 4E - I-1 INDUSTRIAL RESEARCH PARK ZONING DISTRICT TO PERMITPLACE OFWORSHIP AS A SPECIAL EXCEPTION USE WHEREAS, the Toxvn Council on January 14, 1997, directed staff to set a joint public hearing to consider an amendment to the Leesburg Zoning Ordinance; and WHEREAS, the Council and the Planning Commission considered the amendment at a Joint Public Hcarin-on JanuarvVS 1997; and WHEREAS, thc ~lanning Commission discussed this amendment at its work session on Janua~ =.~, 1997, and made a recommendation on January 28, 1997; and W H E REAS, thc Council dctcrmined that Town policy for locating churches should be expanded to address thc changing nature off places or' ~vorship; and WHEREAS, thc amendment will promote the public health, safety and welhre. THEREFORE, ORDAINED by thc Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 4E-3 of thc Lcesburg Zoning Ordinance is hereby amended to include the text as stated below: Section 4E-3. SPECIAL EXCEPTION USES (3) Institutional and Community Semice Uses a. School, technical Place of Worship SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION I11. Scvcrability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, thc dcc'ision shall not at't~ct the validity of the ordinance as a whole or any rClll'dJllillo provisi{ms o[ thc gOIlJllo OI'ClJlI[tlICC. SECTION IV. This Ol'dJllallcc shall bc in effect upon its passage. i)ISCUSSION: CO 1/28/97 -7- Ms. WeN) stated she will support the application, however, she explained that she has been uncomtbrtable with the process of this application. This is not the way the Town of Leesburg works. Public hearings are to remain open tbr ten days to allow those citizens who are unable to attend the meetings, tile opportunity to respond to issues in writing. Ms. Webb stated she hopes this will not happen again. Mr. Trocino stated the town has no business limiting the practices of our faiths. Mayor Clcm stated Ms. Webb is correct, however, in this case there were circumstances and deadlines. Thc Town Council will make every effort in the future to not let this happen again. VOTE: Aye: Nay: Counciln~en~bcrs Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem None 10. MOTION: On motion of Ms. Wcbb, sccondcd by Ms. Umstattd, the following ordinance was proposed and unanimously adopted. 97-0-2 - ORDINANCE - APPROVING REZONING APPLICATION #ZM-152 BY CORNERSTONE CHAPEL TO AMEND THE PROFFERS ORIGINALLY APPROVED AS PART OF REZONING APPLICATION #ZM-58 BY RICHLYNN DEVELOPMENT, INC. WHEREAS, on January 14, 1997, the Town Council received and referred to the Planning Commission an application for an amendment to proffers approved as part of rezoning application #58 by Richlynn Development, Inc.; and WHEREAS, on January 28, 1997, tile Town Council and Planning Commission held a joint public hearing to consider this application; and WHEREAS, on January 28, 1997, the Planning Commission recommended to Council approval rczoning application #ZM-152 by Corncrstone Chapel; and WFIEREAS, this request is in the intcrcst of public necessity, convenience, general welfare and good zoning practice. THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows: SECTION I. Rczoning application #ZM-152 by Cornerstone Chapel, is hereby approved, and prot't'cr #~) as referenced in #ZM-58 by Richlynn Development, Inc. is hereby amended as follows: Pursuant to Section 15.1-49[ et seq. of the Code of Virginia of 1950, as amended, and Section 13A-12 of the Zoning Ordinance of the Town of Leesburg (the "Town"), Cornerstone Chapel, the applicant, and thc property owners Gary L. Patrick and Betty A. Patrick, together with their successors and assigns (hereinafter collectively referred to as the "Applicant"), who are the applicants herein and the owners of approximately 3.47721 acres of land described as Tax Map 60((6))/C in the Loudoun County tax records (the "Property") and who are seeking approval of an amendment to proffer #9 as set tbrth in #ZM-58 by Richlynn Development, Inc. hereby submits the following voluntary proffers which supersede all prior proffers and which are contingent upon Town approval of all the above described actions. Except to thc extent the proffers are modified herein, the pre-existing Proffers dated December 9, 1985, and accepted pursuar~t to Towll Ordinance No. 85-0-30 adopted December 11, 1985, shall remain ill full lbrcc and ct't'cct. Prot't'cr #9 of the Proffers tbr the Richlynn Development, Inc., Rezoning Application #ZM-58 (As such proffcrs may have been previously amended) shall be amended to permit a "Place of Worship" as an auxiliary use of Parcel C, which is a portion of thc original Parcel A. Thc amended proffer shall read as follows: The principal uses proposed for Parcels A and B-1 shall be limited to the following percentages: Warehousing 30% Office 30% Research & Dev. M'mufacturint, 30% Auxiliary 10% On Tax Map 60((6)), Parcel C only, containing 3.477 acres, which is a subdivided portion of Parcel A as shown on the attached Concept Plan, the tci'm "auxiliary" shall include a "Place of Worship." CO 1/28/97-8- This proffer does not restrict property owner's right to modify these percentages through the proffer amendment process in response to future markcting considerations. SECTION II. All other proffers not modified herein shall remain in full force and effect. SECTION II. Approval does not express or imply any waiver or modification to any other requircments 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: Nay: Councilmembers Buttery, Emsxviller, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem None 10. (c) MOTION: On motion of Mr. Wcbb, seconded by Ms. Webb, the following ordinance was proposed and unanimously adopted. 97-0-3 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-97-01 BY CORNERSTONE CHAPEL WHEREAS, Corncrstonc Chapel has requested special exception approval to locate a place of worship on parcel C of the Lecsburg Airpark Business Center; and WHEREAS, on January 28, 1997, the Planning Commission recommended to Council approval of rezoning application #ZM-152 by Cornerstone Chapel; and WHEREAS, on January 28, 1997, the Town Council held a public hearing on this application; WH E R EAS, this request is in the interest of public necessity, convenience, general welfare and good zoning practice. THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows: SECTION I. Special exception application #SE-97-01 by Cornerstone Chapel, identified as Tax Map 60 ((6)) Parcel C in the land records of Loudoun County, and as shown on the Boundary Survey prepared by Kcn W. Erickson, Inc. alld dated June 25, 1996, is hereby approved subject to the following condition: t. Special cxccption ttscs shall be limited to church office, sanctuary, and fellowship hall. SECTION Il. Special cxccption approval docs not express or imply any waiver or modification to any other rccluircmcnts of thc Design and Construction Standards Manual, Subdivision and Land Dcvclopmcnt Regulations or Zoning Ordinance except as specifically cited herein. SECTION III. This ordinance shall be effective upon its passage. VOTE: Aye: Nay: Councilmen~l~ers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem None NEW BUSINESS: 5lOTION: On motion of Ms. Umstattd, seconded by Mr. Trocino, the following ordinance was proposed and unanimously adopted. 97-0-4 - ORDINANCE - AUTHORIZING THE TRUSTEES OF CORNERSTONE CHAPEL TO TAKE AND HOLD UP TO FORTY ACRES OF LAND IN THE TOWN OF LEESBURG, 1N ACCORDANCE W1TH SECTION 57-12 OFTHE CODE OF VIRGINIA, AS AMENDED O R DA IN E D. Iw th c Cou ncil ot' the Town of Leesburg in Virginia as follows: Iu accordance with thc Code of Virginia, as amended, Section 57-12 the Town of Leesburg does CO 1/28/97-9- hereby authorize the Trustees of Cornerstone Chapel, a religious congregation worshipping in Leesburg, Virginia to take and hold up to forty (40) acres of land in the Town of Leesburg and such acreage shall bc devoted exclusively, and shall be su[,sequently so devoted, to a church building, chapel, cemetery, o[ticcs exclusively used for administrative purposes of the church, a Sunday-school building and playgrounds therefor, and parking lots for the convenience of those attending any of the foregoing, and a church IllaIlse, parsonage or rectory. VOTE: Aye: Councilmembcrs Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, Wm. Webb, Mayor Clem Nay: None On motion of, and duly seconded, the meeting was adjourned at 10:30 p.m. Clerk of Council ~m~es E. Clem, Mayor CO 1/28/97 -10-