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-