HomeMy Public PortalAbout1997_03_11 TOWN COUNCIL MEETING MINUTES OF MARCH 11, 1997
A regular meeting of the Leesburg Town Council was held on March 11, 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
L INVOCATION: Councilmemer B. J. Webb
H. SALUTE TO THE FLAG: Councilmember J. Frank Buttery, Jr.
IIL ROLL CALL - ALL PRESENT: J. Frank Buttery, Jr. Jewell M. Emswiller, Joseph R. Trocino,
Kristen C. Umstattd, B. J. Webb, Vice-Mayor William F. Webb, Jr., Mayor James E. Clem.
IV. APPROVAL OF MINUTES:
MOTION: On motion of Mr. Webb, seconded by Mr. Buttery, the minutes of February 11, 1997 were
approved as submitted.
I
I
V. a. RESOLUTION OF RESPECT
MOTION: On motion of Mr. Webb, seconded by Ms. Emswiller, the following Resolution of Respect was
proposed and unanimously adopted.
RESOLUTION OF RESPECT
JOHN C. C,4RR, JR,
WHEREAS, John C. Cart, Jr., of Leesburg died February 17, 1997, at the age of 48; and
WHEREAS, Mr. Carr was a life-long resident of Leesburg and a member of the Leesburg
Presbyterian Church; and
WHEREAS, Mr. Carr was employed by the Fairfax County Fire Department for 20 years,
receiving the 1994 Firefighter of the Year Award; and
WHEREAS, Mr. Can' was a volunteer with the Leesburg Volunteer Fire Company for 30 years;
and
WHEREAS, Mr. Carr was a Loudoun County firefighter instructor and a nationally recognized
instructor on technical rescue; and
WHEREAS, Mr. Cart touched the lives of many firefighters in Leesburg and Loudoun County.
THEREFORE, RESOLVED that the Mayor and members of the Council of the Town of
Leesburg in Virginia extend their sympathy to Mr. Cart's family and to all who knew him; and
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon the minutes of this
meeting and that a copy be sent to his family.
CERTIFICATES OF APPRECIATION:
Councihnember Frank Buttery and Chief of Police Keith Stiles presented a Certificate of Appreciation to
Mr. Kenneth Mercer, Jr.
PEITIONERS:
Senator Charles Waddell stated he has reservations about the transportation changes to the town's Town
Plan with respect to the proposed Chelsea Outlet Mall.
Ms. Cindy Welsh, Director of Parks and Recreations for Loudoun County, and Mr. Doug Pickford,
updated the Council on the county's trail system and the Potomac Heritage National Scenic Trail.
Mr. Jim Carr submitted a petition with 175 signatures in support of expanding the weight room at the Ida
Lee Park Recreation Center.
Mr. Randy Collins, Executive Director of the Loudoun County Chamber of Commerce, spoke in support
of the proposed Chelsea Mall.
Mr. John Klein, representing Chelsea G.C.A. Realty, Inc., urged the Council to approved the proposed
application.
Mr. Don Barry, a Leesburg resident, urged the Council to consider an increase in the aircraft tax.
Ms. Marcia White, a resident of University Center Condominiums, spoke in support of the Chelsea Mall.
Mr. A. C. Echols, asked that the Council consider a transportation model for the town.
Mr. Brian Ours, owner of the Virginia Village Shopping Center, submitted a written statement opposed
to the Chelsea Mall. Mr. Ours statement is made a part of the official record.
Ms. Lisa Speet, a resident of 150 Club House Drive, spoke in opposition to the outlet mall.
Ms. Laura Vinoski, spoke in opposition to the outlet mall.
Ms. Mary Beth Schalk owner of the Battlefield Mobil, spoke in opposition to the outlet mall.
Mr. Fred Heltzel, Jr., a resident and business owner in Leesburg, asked the Council to consider this
project in another location.
Ms. Robin Pelton, a resident of the Evans Ridge Apartments, spoke in support of the Chelsea Outlet Mall.
Mr. Paul Draisey, read a letter on behalf of Mr. Bruce Roberts of the Leesburg Pharmacy opposed to the
Chelsea Outlet Mall. Mr. Roberts' letter is made a part of the official record.
Ms. Mary Dierman, a resident of 1108 Nickels Place in Leesburg, expressed concern with the traffic
impact as a result of the Chelsea Mall.
Ms. Suzanne Kane, representing the Preservation Society, spoke in opposition to the Chelsea Mall.
Ms. Pat Neiderpruem, a resident of the Exeter Subdivision, asked that a hofline for Leesburg residents be
considered to allow residents to call in concerns.
Mavor Clem provided Ms. Neiderpruem with the town's main phone number.
Mr. Ken Phillips, owner of the Alpha Omega Book Store in the Battlefield Shopping Center, spoke in
opposition to the Chelsea Outlet Mall.
Mr. Dean Worcester, attorney representing the Carr Family owners of the land adjacent to the proposed
Chelsea Mall, stated the Carr family is not opposed to the proposed rezoning but they are opposed to a
number of the proffers, specifically citing proffer 3A2. He stated there has been no opportunity for the
Carr family to properly review the latest proffers.
Mr. Bob Primack, a resident of Shenandoah Street in Leesburg, stated the Council needs to be sure what
Chelsea plans to build. He expressed concern with the latest proffers.
Dr. Mike Vermeil, an optometrist in Leesburg, spoke in opposition to the proposed outlet mall.
Ms. Colleen Dwellie, representing the Sycamore Apartments, stated she is not opposed to the Chelsea
Mall. "Chelsea Malls are the cream of the crop of malls." She requested additional time for the latest
proffers tO be reviewed.
No additional public comments were received· Mayor Clem closed the public hearing.
COUNCILMEMBER COMMENTS:
Mr. Webb made no comment.
Mr. Buttery, stated he met with representatives of KSI and Chelsea.
Ms. Umstattd, stated she met with representatives of KSI, Mr. Gordon and Mr. Barns and Chelsea. Ms.
Umstattd commended Kevin Malone, owner of Tusacarora Mills Restaurant, fro' the generous donation to
the American Legion.
Mr· Trocino, stated he met xvith representatives of KSI and Chelsea, as well as Mr. Woodrow Turner, Mr.
Echols and Mr. Hetzel. Mr. Trocino attended the NLC Conference in Washington.
Ms. Emswiller, stated she met with representatives of KSI, Mr. Gordon and Mr. Burns, Mr. Bill Ray and
clients, as well as with town staff and representatives of Chelsea. Ms. Emswiller expressed
disappointment with the closing of the downtown NationsBank. Ms. Emswiller asked that a firm letter be
sent asking the bank to change their minds. Ms. Emswiller thanked Senator Waddell for attending
tonight's meeting and for his comments.
Ms. Webb, stated she met with representatives of KSI, Mr. Bill Ray and representatives of the Virginia
Village Shopping Center, Chelsea and the Battlefield Shopping Center. Ms. Webb attended a meeting of
the county where discussion was held regarding the trailers on the courthouse lawn. The County's
Finance Committee approved the request for temporary trailers. This issue will now be heard before the
Board of Supervisors. Ms. Webb expressed the need for an expanded court facility. This is an ongoing
dialogue between the County and Town.
MAYOR'S REPORT:
Mayor Clem stated he met with Mr. Dunlop Eckerd, CEO of Loudoun Healthcare, where plans for the old
hospital were discussed. Mayor Clem met with Mr. Vernon Davis to discuss the proposed South King
Street sidewalk project. Mayor Clem met with KSI and Mr. Peter Kalaris and Mr. Perini to discuss the
new school site. Mayor Clem took 14 DARE Graduate students to dinner.
MANAGER'S REPORT:
Mr. Brown briefly highlighted the Manager's Report.
LEGISLATION:
11. a.
MOTION: On motion of Mr. Webb, seconded by Ms. Umstattd, the following ordinance was proposed
and adopted.
97-0-05 - ORDINANCE - APPROVING VACATION THE BOUNDARY LINE BETWEEN LOTS
A AND B, TAX MAP 47B ((1)), LEELAND HEIGHTS SUBDMSION
WHEREAS, the Loudoun County tax records show a boundary line separating Lots A and B; and
WHEREAS, the owner desires that the boundary line between Lots A and B be vacated to create
a single residential lot that conforms to the Leesburg Zoning Ordinance; and
WHEREAS, The proposed consolidated Lot AB would meet the various requirements of the
Leesburg Zoning Ordinance; and
WHEREAS, The Town Council held a public hearing on this application on March 11, 1997:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Boundary Line Vacation application #96-04, authorizing the vacation of a boundary line
separating Lots A and B, Loudoun County Tax Map 47B ((1)) is hereby approved as shown on the plat of
vacation prepared by Zicht Engineering Limited dated February 4, 1997.
11. b.
MOTION: On motion of Ms. Umstattd, seconded by Mr. Webb, the following ordinance was proposed
and adopted.
97-0-06 - ORDINANCE - APPROVING REZONING APPLICATION #ZM-150 LEESBURG
CORNER BY WALNUT PARTNERSHIP AND CHELSEA G.C.A, REALTY, INC. AND
AMENDING THE TOWN PLAN
WHEREAS, on March 27, 1996 the Town received a complete application to rezone
approximately 71.5 acres of land located at the northeast quadrant of the intersection of the Route 15
Bypass and East Market Street (Route 7) from Planned Employment Center (PEC), with proffers, to B-3
Community Retail/Colnmercial, with proffers; and
WHEREAS, the Town Plan Land Use Policy map recommends this property for planned
employment land uses; and
WHEREAS, on June 6, 1996 the Planning Commission held a public hearing to consider an
amendment to the Land Use Element of the Town Plan and rezoning application #ZM-150 Leesburg
Corner; and
WHEREAS, on November 7, 1996, following two time extensions requested by the applicant, the
Planning Commission recommended conditional approval of an amendment to the Land Use Element of
the Town Plan, rezoning application #ZM-150, and a special exception to permit over 100,000 square feet
of retail center; and
W3tEREAS, on December 11, 1996 the Town Council held a public heating to consider an
amendment to the Land Use Element of the Town Plan, the rezoning application, and special exception
request; and
WHEREAS, on December 11, 1996 the Town Council and Planning Commission held a joint
public hearing to consider amendments to the Transportation Element of the Town Plan; and
WHEREAS, on January 16, 1997 the Planning Commission recommended conditional approval
of amendments to the Transportation Element of the Town Plan; and
WHEREAS, on February 27, 1997 the Annexation Area Joint Policy Review Committee
considered these applications; and
WHEREAS, the Virginia Department of Transportation has acquired approximately ten acres of
land at the Bypass and East Market Street (Route 7) for interchange construction; and
WHEREAS, the Toxvn Council believes that the goals and objectives of the Town Plan can be
better served by amending the Land Use and Transportation Elements; and
WHEREAS, the rezoning request is in the interest of the 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. The Town Plan Land Use Policy Map and associated text are hereby amended to
change the land use designation of the above referenced property from Planned Employment to Planned
Mixed Use pursuant to the Planning Commission recommendation, as attached.
SECTION II. The Town Plan Transportation Policy Map and associated text are hereby
amended pursuant to the Planning Commission recommendation, as attached.
SECTION III. Rezoning application #ZM-150 Leesburg Corner by Walnut Partnership and
Chelsea G.C.A. Realty, Inc. is hereby approved and the Town of Leesburg Zoning District Map is
amended to change the zoning of an approximately 60 acre parcel of land located at the northeast corner
of the intersection of the Route 15 Bypass and East Market Street (Route 7) from PEC to B-3, with
proffers.
Pursuant to Section 15.1-491 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"), Walnut Partnership, a Virginia
general partnership, which is the owner of approximately sixty (60) acres of real property described as
LCTM 49, Parcel 17 (the "Property"), and Chelsea G.C.A. Realty, Inc., a Maryland corporation
(collectively the "Applicant"), which is the contract purchaser of the Property, hereby proffer that
development of the Property shall be in substantial conformity with the following terms and conditions
which shall supersede all proffers and letters of clarification heretofore made concerning the Property. As
of the date of acceptance of these proffers the Applicant has demonstrated based on customarily accepted
market research information by a qualified independent professional consultant that a substantial majority
of the customers projected to patronize the Regional Factory Outlet Center (the "Center") as described
herein reside at least ten miles from the Center. The Proffer Statement made herein is contingent upon
approval of the pending rezoning application ZM-150 to rezone the Property to the B-3 category.
Permitted Uses. When the Town adopts an ordinance approving the pending ZM-150 rezoning
of the Property to the B-3 category and a special exception for a Center over 100,000 square feet,
the following uses may be developed on the Property: (a) bank without drive-in facility; (b)
eating establishment without drive-in facility; (c) office; (d) hotel/motel; (e) theater, indoor; and
(f) a Center up to 500,000 gross square feet including, but not limited to, the following uses:
(1) appliance sales store; (2) art gallery; (3) art supply; (4) bakery; (5)
bookstore; (6) candy store; (7) clothing, accessories and dry goods
store; (8) delicatessen; (9) furniture sales store; (10) hardware, paint,
and wallpaper store; (11)jewelry.store; (12) leather goods and luggage
store; (13) music store; (14) photographic equipment and supplies
store; (15) sporting goods store; (16) tobacco store; (17) toy store; (18)
variety, store: and (19) office supply store.
Notwithstanding the foregoing, the Applicant agrees that the following uses, shall not be
developed on the Propem. r: (a) antique and second hand store; (b) drug store; (c) floor coverings
store; (d) grocc~' store; (e) lawn and garden supply store; (f) pet store; (g) pharmacy; (h) video
rental store; (i) institutional and community sewice uses; 0) emergency care facility; (k) school,
special instruction; (l) public utility, minor and (m) services, personal, including, but not limited
to: arts and crafts studio or store; appliance repair and rental store; bicycle repair store, barber
shop, and beauty shop; caterer; dressmaker shop; dry-cleaning and/or laundry pickup station;
locksmith shop; musical instrument repair shop; photographer's studio; photostat shop; tailor
shop; travel agency; and veterinary hospital. No more than a total of 500,000 gross square feet of
permitted uses and special exception uses as described herein shall be developed on the Property.
Any retail uses developed on the Property shall be limited to a Regional Factory Outlet Center
(the "Center") in which a substantial majority of the stores in the Center are leased by a
merchandise manufacturer, an owner or licensee of a merchandise brand name, or a seller of
discounted brand name merchandise. No single store in the Center shall contain an area greater
than 60,000 square feet. The Center shall contain no more than three stores that contain a
leasable area which is greater than 30,000 square feet and less than 60,000 square feet. The
Center shall contain at least twenty stores.
Rezoning Plan. With the exception of the Center footprint described below, development of the
Property shall substantially conform to the Concept/Special Exception Plan attached hereto as
Exhibit A, with reasonable allowance for adjustments in engineering and design at the time of
subdivision plat or development plan approval for individual lots or parcels. As each section of
the Property is developed, the Applicant shall submit for approval to the Town Board of
Architectural Review a preliminary development plan which shall include an illustration of that
portion of the Center to determine: (a) whether such plan and design is compatible with the site
and building design guidelines set forth in the H-2 Corridor Design Guidelines adopted as of the
date of approval of the rezouing described herein; and (b) whether the proposed Center is
designed as a shopping village in which a majority of stores are oriented internally to the Center
in a fashion to create landscaped courtyards with pedestrian seating areas and walkways and with
customer parking around the perimeter of the Center. The footprint of the proposed Center
depicted on Exhibit A, which is typical of the above-described village shopping design, is
included for illustrative purposes only and may be modified or shifted at the time of submission
of a preliminary development plan approval for the Center to address site development
constraints such as, but not limited to, Property topography, stormwater detention requirements,
utility installation, vehicle sight lines, grading, and final engineering.
Transportation Improvements Reasonably-Related to Development of the Property. Prior to
issuance of a zoning permit for the first building on the Property the Applicant shall bond or
construct and dedicate to the Town or other appropriate governmental entity in fee simple
without liens or encumbrances or any cost to the Town, the transportation improvements
described below. The cost of transportation improvements described in this proffer shall be
limited to dedicated land free of all liens and encumbrances, actual construction costs, surveying
and engineering fees, permit fees, and any bonding costs. As used herein, the term
"Transportation Improvements" shall mean public roadways and reasonably related
improvements which are constructed on the Property or which provide or facilitate direct access
to or from the Property, such as roadways, turn lanes, acceleration or deceleration lanes, and
tr'~c signals, which are warranted solely as the result of development of the Property. All
public Transportation Improvements shall utilize lanes that are at least twelve feet wide or the
metric equivalent and shall be designed pursuant to standards accepted by the Town or the
Virginia Department of Transportation CVDOT"). In the event that the Center is developed on
the Property, then all lots created on the Property shall front on Fort Evans Road or Potomac
Station Drive. Any private roadways constructed on the Property shall be connected to a
dedicated public thorouglffare. Development of the Property and construction of related
Transportation Improvements shall be phased as follows:
(a)
Unless such Transportation Improvements have been constructed by others, prior to
issuance of a zoning permit for structures constructed on any portion of the Property, the
Applicant shall bond or construct and dedicate to the Town or VDOT, as applicable, the
Transportation Improvements described as follows:
(i)
If signalization is warranted by the Town, and is not constructed by others, the
Applicant shall pay up to Three Hundred Sixty Thousand Dollars ($360,000) to
the Town for traffic signalization at the intersection of Fort Evans Road with
the Route 15 By-Pass, at the primary entrance to and egress from the Property
on Fort Evans Road in the approximate location shown on Exhibit A, and at the
Potomac Station Drive/Fort Evans Road intersection. In the event that at the
time of approval of a final development plan for a particular portion of the
Property the signalization as described above is warranted by the Town for that
particular phase of development, then the signal shall be installed by the
Applicant at the time of development of the phase necessitating that signal. If
the signal is not warranted by development of a particular phase of
development, then the Applicant shall post a bond in the amount of the signal
reasonably related to the phase, provided that any proffered n:onies paid to the
Town by other land developers for any of the same signals slmll be credited by
the Town towards the cost of installation of any such signals. Nothing herein
shall be interpreted to obligate the Applicant to expend more than Three
Hundred Sixty Thousand Dollars ($360,000) for the above-described
signalization.
(ii)
Prior to issuance of a zoning permit for the first building on the Property, the
Applicant will bond or construct and dedicate to the Town, in fee simple, free
from liens or other encumbrances the following Transportation Improvements:
(A) a four lane VDOT GS4 Urban Minor Arterial divided (or undivided, as
determined by the Town) section of Fort Evans Road in a 90 foot right-of-way
(widened for turn lanes, if required) from the intersection of Fort Evans Road
with Potomac Station Drive to the intersection of Fort Evans Road with the
Route 15 Bypass, together with a realigned high-capacity "T" intersection of
the Route 15 Bypass with Fort Evans Road, or such other intersection design
approved by the Town which will be designed in accordance with Town
requirements and will include necessary curbing and gutters, median
improvements, related drainage improvements, and sidewalks; (B) the western
half (two lanes) of a four lane divided VDOT GS-7 Urban Collector highway in
a 90 foot right-of-way (widened for mm lanes, if required) for the portion of
Potomac Station Drive from Fort Evans Road along the eastern edge of the
Property which will include a 27 foot wide travelway, one-half of a 16 foot wide
median, related curbs and gutters, required turn lanes, related drainage, and
sidewalks; (C) one right turn deceleration lane from the Route 15 Bypass to
Fort Evans Road; (D) one right turn lane from the northernmost westbound
lane of Fort Evans Road to the northbound Route 15 Bypass; (E) one right turn
deceleration lane from Fort Evans Road eastbound into the Property; (F) one
left turn lane from westbound Fort Evans Road to the southbound Route 15
Bypass; and (G) one left turn lane from the southbound Bypass to Fort Evans
Road eastbound. In the event that any fight-of-way required to construct the
above-described roadway improvements is located on the lands of others, the
Applicant shall use its best efforts to obtain such right-of-way to facilitate
construction of the required improvement. In the event that the Applicant is
unable to obtain such right-of-way, the Applicant shall request assistance from
the Town to obtain the required right-of-way and shall pay the fair market
value for such right-of-way as may be required pursuant to Town eminent
domain proceedings. Nothing herein shall be interpreted to obligate, nor shall,
the Town pay for the cost of acquisition of such regional required right-of-way.
(iii)
At the time of approval of the first record subdivision plat or final development
plan for any portion of the Property, the Applicant will impose a two foot wide
limited access line on the Property along the Route 15 Bypass frontage and
along the Route 7 frontage.
Co)
Unless such Transportation Improvements have been constructed by others, prior to
issuance of a zoning permit for the first building on the Property the Applicant agrees to
bond or construct and dedicate to the Town or VDOT a north bound txvo lane
collector/distributor road along the eastern edge of the Route 15 Bypass from Market
Street to Fort Evans Road, together with a shortened north-bound access ramp from
Market Street to the northbound Route 15 Bypass as generally depicted on that certain
drawing entitled "Leesburg Corner Access Phasing Concepts" by Post, Buckley, Schuh,
and Jernigan, Inc., dated November 21, 1996, attached hereto as Exhibit "B" and
incorporated herein by reference. The Applicant agrees to develop on the Property no
more than 305,000 square feet of Center uses unless either: (i) access via a two lane
roadway improved, paved and designed in accordance with applicable Town or VDOT
standards is constructed by the Applicant or others through the lands of others from the
Property to Market Street via either Fort Evans Road or Potomac Station Drive, and
either Battlefield Parkway or River Creek Parkway; or (ii) VDOT and the Town permit
and the Applicant constructs two left turn lanes from westbound Fort Evans Road to the
southbound Route 15 Bypass pursuant to a conventional "T" intersection, as generally
illustrated on Exhibit A.
(c)
At the time of construction by others of a grade-separated interchange at the Route 15
Bypass and Edwards Ferry Road and removal by others of the traffic signal at such
intersection, the Applicant and its successors agree to not oppose closure of the Fort
Evans Road cross-over at the Bypass and removal by others of the traffic signal at the
Fort Evans Road/Route 15 Bypass intersection, so long as right-in/right-out access is
available for the Property from Fort Evans Road to the Bypass via a collector/distributor
road, and so long as access consistent with Town and VDOT standards for full
developtnent of the Property is available from the Property to Market Street over the
lands of others across either Battlefield Parkway or River Creek Parkway via either
Potomac Station Drive and/or Fort Evans Road.
Regional Transportation Improvements. Prior to issuance of a zoning permit for the first
building constructed on the Property the Applicant agrees to pay to the Town Fifty Thousand
Dollars ($50,000) for construction by others of a macadam bicycle/pedestrian trail which will
provide access to Ida Lee Park from Battlefield Parkway and to contribute to the Town for
regional transportation improvements in the vicinity of the Property cash or dedicated
Transportation Improvements up to the aggregate sum of One Million One Hundred Thousand
Dollars ($1,100,000) (calculated at the rate of $2.20 times 500,000 gross square feet). Prior to
issuance of a zoning permit for a particular structure, the contribution shall be evidenced by a
payment (proffer) bond or the funds shall be paid into an escrow account established by the Town
for the specific purpose of financing the construction of the regional Transportation
Improvements as set forth below. In the event that the Applicant constructs any of the regional
Transportation Improvements described below in this Proffer 4, then the Town shall give a credit
of up to One Million One Hundred Thousand Dollars ($1,100,000) as indicated below to the
Applicant for such construction based on evidence of actual construction costs, surveying and
engineering fees, permit fees and bond costs produced at the time of zoning permit issuance for
development of a structure on the Property. The estimated cost of the following improvements
shall be credited by the Town towards satisfaction of the Applicant's transportation improvement
fund obligations:
(a)
Five Hundred Thousand Dollars ($500,000) for the cost of construction of the northern
half section of Fort Evans Road from the Route 15 Bypass to Potomac Station Drive;
Five Hundred Thousand Dollars ($500,000) for the cost of construction of the Route 15
Bypass collector/distributor road, as generally illustrated on Exlfibit B.
(c)
Three Hundred Thousand Dollars ($300,000) for the cost of construction of the
realigned high-capacity "T" intersection at the Route 15 Bypass and Fort Evans Road as
generally illustrated on Exhibit B; and
(d)
One Hundred Percent (100%) of the estimated One Million Eight Hundred Thousand
Dollars ($1,800,000) cost of any actual construction by the Applicant of any off-site
portion of Fort Evans Road, Battlefield Parkway and Potomac Station Drive.
Preliminary Development Plan Review. Preliminary development plans for any portion of the
Property shall substantially conform to the standards stated on the Concept/Special Exception
Plan and to the following design guidelines which shall be reviewed by the Board of
Architectural Review:
(a)
Each building developed on the Property will incorporate design elements, building
materials, elevations and roof forms which are compatible with other buildings
developed on the Property.
The colors of buildings developed on the Property will be from the same color palette
and will be complementary.
(c)
Buildings developed on the Property will be designed to relate to each other and to
common vehicular and pedestrian corridors.
(d)
Site planning' for parcels developed on the Property will incorporate pedestrian
circulation for that parcel which shall be coordinated throughout the Property.
(e)
Architectural elevations and a comprehensive signage plan for the Property will be
submitted for review and approval by the Board of Architectural Review at such time as
the first preliminary development plan is submitted for the Property. Directional and
tenant signage shall be consistent throughout the Property and shall be consistent with
Article 10 of the Town's Zoning Ordinance.
(f)
All off-street parking areas will be separated from public roads, open space areas, and
sidewalks by hedges, plantings, earthen berms, changes in grade, or walks as provided
in the Town Ordinances.
(g)
Best efforts shall be used to preserve or replace with a like species of hardwood trees
which will grow to an equivalent stature, any mature or specimen hardwood trees
located within the perimeter setback areas of the Property, and on any open space areas
of any common area of the Prope~rty.
(h)
Pedestrian paths will be paved with materials such as brick, concrete or asphalt rather
than loose gravel or individual stepping stones, and will be designed to create a
comfortable attractive pedestrian environment. Paving materials for sidewalks and foot
paths, seating, fountains, lawns and landscaping will be consistent throughout the
Property.
Fire and Rescue. Immediately prior to obtaining zoning permits for individual buildings
constructed on the Property, Twenty Cents ($.20) per gross square foot of each building actually
constructed on the Property shall be paid to the Town to be donated to the fire and rescue facility
providing service to the Property. The mount of contributions for fire and rescue shall be
adjusted upward annually in accordance with the Consumer Price Index for Loudoun County,
Virginia or for the metropolitan Washington, D. C. area.
Utilities. The Applicant shall at its cost connect any buildings constructed on the Property to the
water line located in Fort Evans Road and to the sewer line located at the southern boundary of
the Property. In the event that access to the sewer line located at the southern boundary of the
Property is taken by VDOT, then the Property shall be served by the Town line located east of the
Property at no cost to the Town.
SECTION IV. Concept Plan approval does not express or imply any waiver or modifications to
any requirements of the Design and Constructions Standards Manual, Subdivision and Land Development
Regulations or Zoning Ordinance except as specifically cited herein.
SECTION V. This ordinance shall be effective upon its passage.
11. c.
MOTION: On motion of Ms. Umstattd, seconded by Mr. Webb, the following ordinance was proposed
and adopted.
97-0-07 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-96-05
LEESBURG CORNER BY WALNUT PARTNERSHIP AND CHELSEA G.C.A. REALTY, INC.
WHEREAS, on March 27, 1996 the Town received a special exception application by Walnut
Partnership and Chelsea G.C.A. Realty, Inc. to permit over 100,000 square feet of retail center uses in the
B-3 zoning district on a property located at the northeast quadrant of the intersection of the Route 15
Bypass and East Market Street (Route 7); and
WHEREAS, a rezoning application and Town Plan amendment application were filed
concurrently; and
WHEREAS, on November 7, 1996 the Planning Commission recommended conditional approval
of special exception application #SE-96-05 Leesburg Comer; and
WHEREAS, on December 11, 1996 the Council held a public hearing to consider this special
exception request; and
WHEREAS, Council has determined that the proposed retail use meets the review criteria set
forth in the zoning ordinance.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Special exception application #SE-96-05 Leesburg Comer by Walnut Partnership
and Chelsea G.C.A. Realty, Inc., identified as Tax Map 49 Parcel 17 in the land records of Loudoun
County, hereby approved subject to the following conditions:
No more than three stores shall contain a leasable floor area between 30,000 and 60,000 square
feet, with no single store in excess of 60,000 square feet.
The entire site is subject to Board of Architectural Review review and approval pursuant to the
H-2 Corridor Design Guidelines.
If the terms and conditions of the special exception are not maintained, the property owner shall
request revision of the special exception through the town.
SECTION II. Approval of special exception concept plan does not authorize modifications to
any requirements of the Design and Construction Standards Manual, Subdivision and Land Development
Regulations, or the Zoning Ordinance unless specifically set forth in this ordinance.
SECTION III. This ordinance shall be in effect upon its passage.
11. (d), (e), (f), (g), (h), (i), (j), (k), 0), (m), (n)
MOTION: On motion of Mr. Webb, seconded by/Gr. Butter, the following resolutions were proposed as
concern items and unanimously adopted.
97-54 - RESOLUTION - AUTHORIZING THE ANNEXATION AREA JOINT POLICY REVIEW
COMMITTEE BE CONVENED TO CONSIDER AMENDMENTS TO THE EDUCATIONAL
FACILITIES POLICIES OF THE ANNEXATION AREA DEVELOPMENT POLICIES
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager of the Town of Leesburg is hereby directed to schedule a meeting of
the Annexation Area Joint Policy Review Committee to consider amendments to the Educational Facilities
policies of the Annexation Area Development Policies.
9%55 - RESOLUTION - AUTHORIZING THE ANNEXATION AREA JOINT POLICY REVIEW
COMMITTEE BE CONVENED TO CONSIDER A SANITARY SEWER CONNECTION INTO
LOUDOUN COUNTY
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager of the Town of Leesburg is hereby directed to schedule a meeting of
the Annexation Area Joint Policy Review Committee to consider a request to extend a sanitary sewer
connection into Loudoun County.
97-56 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE FOR EXETER FIRST ADDITION
WHEREAS, Council Resolution #95-151 adopted July 11, 1995, authorized an agreement for
installation of public improvements and approved water and sewer extension permits for Exeter First
Addition; and
WHEREAS, the developer, Richmond American Homes, did not provide a performance
guarantee for the public improvements; and
WHEREAS, the final subdivision plat for Exeter First Addition cannot be recorded until the
public improvements are completed and accepted by the Town Council or a performance guarantee
acceptable to the Town Council is provided; and
WHEREAS, the developer proposes to provide a corporate surety bond from American Motorist
Insurance Company in the amount of $467,995.99 to guarantee the installation of the public
improvements shown on the plans approved by the Director of Engineering and Public Works for Exeter
First Addition.
RESOLVED bv the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager shall execute a new contract for installation of public improvements
for the improvements shown on the plans approved by the Director of Engineering and Public Works for
Exeter First Addition.
SECTION II. The corporate surety bond in a form approved by the Town Attorney from
American Motorist Insurance Company in the amount of $467,995.99 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 First Addition.
SECTION III. The contract for installation of public improvements authorized by Resolution
#95-151 will be canceled after the new contract and performance guarantee approved in Section I and II
above are executed and in effect.
97-57 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLED IN TOWNES OF VANDERBILT SECTION I
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in the Townes of Vanderbilt Section I and certified that the value of work
performed is $18,192.80; and
WHEREAS, a letter of credit in the amount of $89,073.70 from the Washington Savings Bank
was provided by the developer and approved by the Council to guarantee installation of public
improvements for the Townes of Vanderbilt Section I, and this letter of credit was reduced to $36,385.60
by Resolution #95-146 adopted June 27, 1995.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from the Washington Savings Bank in the current amount of
$36,385.60 is reduced to $18,192.80.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit
has been reduced as outlined in Section I of this resolution and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the
contract for public improvements for the Townes of Vanderbilt Section I.
9%58 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLED IN SYCAMORE HILL PHASE I, SECTION 1
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Sycamore Hill Phase I, Section I and certified that the value of work
performed is $810,853.00; and
WHEREAS, a letter of credit in the amount of $1,440,126.00 from the Ohio Savings Bank was
provided by the developer and approved by the Council to guarantee installation of public improvements
for Sycamore Hill Phase I, Section 1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from the Ohio Savings Bank in the amount of $1,440,126.00 is
reduced to $629,273.00.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit
has been reduced as outlined in Section I of this resolution and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in the
contract for public improvements for Sycamore Hill Phase I, Section 1.
97-59 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS AT EXETER SECTION 11
WHEREAS, Globe USA, Inc., the developer of Exeter Section 11 has completed the public
improvements in accordance with approved plans and town standards, and these have been inspected and
approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from the District of Columbia Riggs National Bank, confirmed
by Riggs National Bank of Virginia in the amount of $121,900.00 is released, a new security in a form
approved by the town attorney for a maintenance guarantee in the amount of $60,950.00 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 unto the town all such improvements and easements free of any liens or charges.
97-60 - RESOLUTION - AUTHORIZING AN EASEMENT FOR VIRGINIA POWER ON THE
PUBLIC SAFETY CENTER SITE
WHEREAS, Virginia Power has requested two easements for underground electric service on
land owned by the Town of Leesburg to provide electric service to the Public Safety Center and fire
station; and
WHEREAS, the standard Virginia Power Right-of-Way Agreement has been submitted to the
Deputy Town Attorney and Director of Engineering and Public Works for review.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Mayor is authorized to sign the Right-of-Way Agreement for the easements requested by the
Virginia Power on the Public Safety Center Site. The Right-of-Way Agreement shall be in a form
approved by the Town Attorney.
97-61 - RESOLUTION - AMENDING THE 1987 SEWER SYSTEM MASTER PLAN FOR THE
TOWN OF LEESBURG
WHEREAS, by resolution dated April 11, 1989 the Council of the Town of Leesburg adopted a
comprehensive Sewer System Master Plan for sewer system management within the town's sewer service
area; and
WHEREAS, by Resolution #93-206 dated October 26, 1993, the Sewer System Master Plan was
amended by Council to accept Alternative No. 1, as described in the plan as the most efficient, economical
and practical plan for management of the town's sanitary sewer and therefore selected as the official plan
for expansion and upgrade of the sewage collection and conveyance system within the service area of the
town; and
WHEREAS, recent approved and pending development in the Middle Tuscarora Creek sub-
watershed requires a minor sub-watershed boundary adjustment to provide gravity sewer conveyance to a
portion of the Stratford development and Evergreen Mill Elementary School; and
WHEREAS, this sub-watershed boundary adjustment has been reviewed by town staff and found
to be the most efficient, economical and practical plan for sewer system management in the Middle
Tuscarora Creek sub-watershed; and
WHEREAS, the developers of Stratford have agreed to enlarge the Simpson Middle School
sewer, at no cost to the town, to accommodate additional flows from their development; and
WHEREAS, the town attorney has determined that a public hearing is not required for a minor
amendment of the Master Plan, where all affected parties of the amendment are in complete agreement.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The September 1987 Sewer System Master Plan is hereby amended to include portions of the
Stratford development and Evergreen Mill Elementary School.
97-62 - RESOLUTION - MAKING AN APPOINTMENT TO TIlE CABLE COMMISSION
WHEREAS, A vacancy exists on the Cable Commission due to the resignation of Barbara
Cassidy whose term will expire on June 30, 1998; and
WHEREAS, this is a cable franchisee appointment; and
WHEREAS, an advertisement was placed in Leesburg Today soliciting letters of interest from
Town residents; and
WHEREAS, three names were received as a result of the advertisement; and
WHEREAS, these names were provided to Max Kipfer, General Manager of Cablevision of
Loudoun for consideration; and
WHEREAS, Mr. Kipfer has requested the appointment of Mr. George Tellman.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Mr. George Tellman is appointed to the Cable Commission, by the franchisee with the consent of
the Town Council, to fill the unexpired term of Barbara Cassidy whose term will expire on June 30, 1998.
97-63 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING FOR AN
ORDINANCE AMENDMENT REGARDING WATER AND SEWER FEES OUTSIDE
CORPORATE LIMITS AND AVAILABILITY FEES WITIlIN TIlE Il-1 DISTRICT
WHEREAS, it is the desire of Council to consider amendment of the town's water and sewer use
ordinance regarding a limitation on fees within the H-1 historic district and imposition of a surcharge on
water and sewer fees outside the corporate limits; and
WHEREAS, a notice of public hearing, pursuant to state law, is required prior to a public hearing
and ordinance amendment;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider amendment of Chapters 15 and 19 of the Leesburg Town
Code regarding water and sewer user and availability fees is hereby authorized. Notification shall be
published in Leesburg Today on March 19 and 26, 1997, for a public hearing on Tuesday, April 8, 1997,
at 7:30 p.m. in the Council Chambers, 25 West Market, Leesburg, Virginia.
97-64 - RESOLUTION - SUPPORTING TIlE TI:lOMAS BALCIl LIBRARY RENOVATION AND
EXPANSION PROJECT
WHEREAS, the Town of Leesburg took over the operation and ownership of the Thomas Balch
Library. in July 1994 after Loudoun County proposed closing the facility; and
WHEREAS, the Town has provided annual operational funds for the Thomas Balch LibraD' in
the approximate amount of $175,000 for the past three fiscal years; and
WHEREAS, the Town has made numerous improvements to the library building, grounds and
equipment; and
WHEREAS, the Town has expanded both library staff and operation hours for the benefit of the
public; and
WHEREAS, the Town has authorized the expenditure of $191,600 to plan and design an
expansion and renovation of the Thomas Balch Library:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I: The Town Council of Leesburg is committed to working cooperatively with the
Balch Library Advisory Commission and Friends of the Thomas Balch Library to jointly secure $1.65
million to complete the renovation and expansion of the Thomas Batch Library.
SECTION II. The Town Council of Leesburg authorizes that all funds donated to the town for
the renovation and expansion of the Thomas Balch Library be set aside in an account to be used only for
that purpose.
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11. (o)
MOTION: On motioin of Mr. Webb, seconded by Ms. Umstattd, the following resolution was proposed
and adopted.
97-65 - RESOLUTION - INITIATING AND REFERRING AMENDMENTS TO THE LEESBURG
ZONING ORDINANCE TO PERMIT INDOOR AUTOMOBILE AUCTIONS
WHEREAS, Section 2A-7.(1)b. of the Leesburg Zoning Ordinance prohibits automobile auctions
in all zoning districts within the Town of Leesburg; and
WHEREAS, on March 4, 1997, the Planning and Zoning Committee was petitioned to initiate
amendments to the Zoning Ordinance to permit indoor auto auctions in the Town of Leesburg; and
WHEREAS, on March 4, 1997, the Planning and Zoning Committee, by a vote of 2-1,
recommended that Council initiate and refer amendments to the Zoning Ordinance to permit indoor auto
auctions in the Town.
THEREFORE, RESOLVED .by the Council of the Town Leesburg in Virginia as follows:
initiated
Chapter
SECTION I. The following text amendments to the Leesburg Zoning Ordinance are hereby
and referred to the Planning Commission for public hearing and recommendation pursuant to
! 1, Title 15.1-431 of the 1950 Code of Virginia, as amended:
Section 2A-7. PROHIBITED USES
[Paragraph (l)b. is amended.]
(1)
Uses Prohibited in all Districts. The following uses are prohibited in all zoning districts
within the Town of Leesburg:
a. Abattoirs and/or rendering plants.
b. Outdoor vehicle auctions.
Automobile graveyards.
Section 4B-8. USE LIMITATIONS
[Paragraphs (1) through (3) remain unchanged.]
(4)
Indoor vehicle auctions may be permitted as an accessory use to vehicle sales so long as
a special exception for vehicle sales and indoor vehicle auction has been approved in
accordance with the special exception criteria set forth in Section l lA-7 of this
Ordinance.
Section 1 IA-7. SPECIFIC REVIEW CRITERIA
[Paragraphs (1) through ( 12 ) remain unchanged. ]
(13) Standards for Vehicle Sales and/or Rental Facility
[Paragraphs a. through e. remain unchanged.]
(f) Indoor vehicle auctions shall be permitted only on lots or parcels of at least
three (3) acres where at least 150% of the parking requirements of this Zoning
Ordinance can be met on such lot or parcel.
ARTICLE 18. DEFINITIONS
[New definition.]
VEHICLE AUCTION
A public sale of vehicles one by one, each going to the last and highest of a series of
competing bidders.
SECTION II. The Planning Commission shall hold a public heating to consider these
amendments to the Zoning Ordinance, and report its recommendation to the Town Council pursuant to
Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended.
On motion of, and duly seconded, the meeting was adjourned at 11:00 p.m.
Barbara Markland, CMC
Clerk of Council
Ja~es E. Clem, Mayor