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HomeMy Public PortalAbout1998_05_12TOWN COUNCIL MEETING MINUTES OF MAY 12, 1998 A regular meeting of the Leesburg Town Council was held on Tuesday, May 12, 1998 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia 20175, Municipal Government Center. The meeting was called to order by Mayor James E. Clem. COUNCILMEMBERS PRESENT J. Frank Buttery, Jr. Jewell M. Emswiller (absent) Joseph R. Trocino Kristen C. Umstattd B. J. Webb William F. Webb, Jr. Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Deputy Town Manager Gary A. Huff Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Kaj Dentler Director of Planning, Zoning and Development Michael Tompkins Planner Marilee Seigfried Ida Lee Park employees: Billy King, Josh Poyant and Blythe Britton Town Attorney George Martin Clerk of Council Barbara Markland 1. INVOCATION was given by Vice-Mayor William F. Webb, Jr. 2. SALUTE TO THE FLAG was led by Councilmember Joseph R. Trocino 3. ROLL CALL all members of the Town Council were present except Councilmember Jewell Emswiller. 4. APPROVAL OF MINUTES MOTION: On motion of Councilmember William F. Webb, seconded by Councilmember Umstattd, the regular meeting minutes of April 28, 1998 and the special meeting minutes of April 21, 1998 were approved as written. VOTE: Aye: Councilmembers Buttery, Trocino, UmstattA, B. J. Webb, William F. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller 5. PROCLAMATIONS MOTION: On motion of Councilmember William F. Webb, seconded by Councilmember B. J. Webb, the following proclamation was proposed and adopted. EMPLOYEE HEALTH AND FITNESS DAY - May 20, 1998 VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller MOTION: On motion of Councilmember B. J. Webb, seconded by Councilmember Umstattd, the following proclamation was proposed and adopted. RESPECT FOR LAW WEEK - May 10, 1998 - May 16, 1998 VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller -2- MOTION: On motion of Councilmember B. J. Webb, seconded by Councilmember Umstattd, the following resolution was proposed and adopted. 98-116 - RESOLUTION - RECOGNIZING KIWANIS KID'S DAY 1998 VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller MOTION: On motion of Councilmember William F. Webb, seconded by Councilmember Umstattd, the following proclamation was proposed and adopted. NATIONAL AQUATIC WEEK - May 17, 1998 - May 24, 1998 VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller Mayor Clem recognized Ida Lee Park employees Billy King, Josh Poyant and Blythe Britton. 6. PETITIONERS Ms. Connie Fletcher, 219 West Market Street owner of Cobblestones Ltd., addressed the Council requesting directional signage in the parking garage to direct visitors to other areas of the downtown from King Street. PUBLIC HEARING: POSTPONED TO MAY 26, 1998 - to consider Leegate Center Town Plan Amendment #TP98-01, Rezoning Application #ZM-13 and Special Exception Application #SE-98-03. 8. COUNCILMEMBER COMMENTS Councilmember William F. Webb asked Mr. Brown if VDOT has responded to his request for installation of lights on the new overpass. Mr. Brown stated he has not heard back from VDOT to date. Mr. Webb congratulated Mayor Clem and Councilmember Buttery on their re-elections and councilmember-elects Robert Zoldos and Leonard McDonald. Councilmember Buttery attended the Loudoun County school arts festival and encouraged everyone to visit the exhibits at the Battlefield Shopping Center. Mr. Buttery congratulated Mayor Clem on his re-election and councilmember-elects Robert Zoldos and Leonard McDonald. He thanked Councilmembers Ernswiller and Bill Webb for their many years of dedication and service to the Town. Councilmember Umstattd echoed Mr. Buttery's comments regarding the elections and the comments directed to Councilmembers Bill Webb and Jewell Emswiller. Ms. Umstattd reminded the citizens of their community policing officer and encouraged residents to meet their officer and attend the community meetings. Ms. Umstattd thanked Planning Commission member Blake Thompson for calling each councilmember informing them of the Planning Commission meeting where an important issue was heard. Ms. Umstattd disclosed that she met with representatives of Leegate. Councilmember Trocino attended a presentation by Professor Stephen Fuller on the status of the economy in Northern Virginia. Mr. Trocino stated he will provide the Council with a copy of this report. Professor Fuller's report identifies Loudoun County and Leesburg as the focus of growth and development in the entire Washington area. Mr. Trocino stated, the National Geographic Travelers produced a TV production in which Leesburg is featured. Mr. Trocino reminded the public that the Leesburg Farmers' Market opens on Thursday, May 14, 1998 and will be open every Thursday from 4 pm to 7 pm. Mr. Trocino also echoed Mr. Buttery's comments regarding the recent elections and Couneilmembers Bill Webb and Jewell Emswiller. -3- Councilmember B. J. Webb stated the County Board of Supervisors and County Planning Commission have requested Town Council input regarding the Toll Road Plan. Ms. Webb urged the Council to correspond to the County, as soon as possible, standing firmly behind the Town Plan. Ms. Webb referred to the recent vested rights legislation and stated two of the town's legislators did in fact endorse and support the legislation. One of them was a cosponsor of the legislation. Ms. Webb suggested the Council invite the legislators to meet with the Council to explain why they put forward this legislation and the loss of the town's fights as a municipality in making decisions regarding land use legislation. Ms. Webb received a number of phone calls Friday morning regarding Thursday's Planning Commission meeting. Ms. Webb expressed concern that the meeting became heated at times and that discussions leR the issues and started taking on the issue of personalities and individuals. Ms. Webb stated, the community has been very fortunate for the last several years of having a police chief who has introduced some new and exciting ways of policing this community. The police deparanent is doing a dynamic job of moving the town into the next century. Ms. Webb reported on the Personnel Committee held this morning. One issue of discussion was the town's boards and commissions and how members are appointed, as well as how they can be made more effective. Ms. Webb congratulated the candidates on the recent elections and thanked Mr. Webb and Ms. Emswiller for their service to the town. Ms. Webb referred to the parking situation at the high school and asked that this matter be referred to the next Administration and Public Works Committee agenda. MAYOR'S REPORT - Mayor Clem urged the Council and citizens to participate in Megan's Walk on Saturday starting at the high school at 8 a.m. Mayor Clem announced that the 12' National Golden Age Games will be held May 22, 1998 through May 27, 1998 at the Xerox Document University. Mayor Clem spent several hours touring the town with a representative of VDOT who made several suggestions and who will help with the installation of a pedestrian crosswalk at the Route 15 south interchange. Mayor Clem reported on a program implemented within the City of Virginia Beach called Gain Sharing, in which departments and employees find ways to save the city millions of dollars. Mayor Clem stated he will copy this information to the Council for consideration. Mayor Clem congratulated the candidates. 10. MANAGER'S REPORT - Mr. Brown highlighted items within the Manager's Report and thanked Mayor Clem for recognizing the parks and recreation employees. Councilmember William F. Webb stated the Babe Ruth Tournament will be held in Purcellville in August and will bring about 125,000 visitors to the Leesburg, Loudoun County area. 11. LEGISLATION (a) MOTION: On motion of Councilmember William F. Webb, seconded by Councilmember Trocino, the following ordinance was proposed and adopted as amended by Councilmembers Umstattd and Buttery. 98-0-08 - ORDINANCE -APPROVING SPECIAL EXCEPTION APPLICATION #SE-98-01 UNIWEST WHEREAS, Uniwest Construction, Inc. has requested special exception approval to locate a lumber and/or building material sales facility in a retail center over 100,000 square feet in size in the B-3 Community Retail/Commercial zoning district; and WHEREAS, on April 17, 1998, the Planning Commission recommended to Council approval, with conditions, of Special Exception Application #SE-98-01 Uniwest; and WHEREAS, on April 28, 1998, the Town Council held a public hearing on this application; and WHEREAS, the Council received a letter from a representative of REHAU requesting Council consideration of suggested conditions to limit the impacts of the develepment of the Uniwest property on the adjacent REHAU property; and WHEREAS, the suggested conditions were considered by the Council and are reflected in the conditions listed herein; and WHEREAS, this request is consistent with the general regulations of the Zoning Ordinance. THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows: SECTION I. Special Exception Application #SE-98-01 Uniwest, identified as Tax Map 49 ((4)) Parcel B, and as shown on the Special Exception Plan prepared by William H. Gordon, Inc. dated February 9, 1998 and last revised on April 3, 1998, is hereby approved with the following conditions: General: The Applicant agrees that approval of the Special Exception does not express or imply any waiver or modification of the requirements set forth in the Town Plan, Subdivision and Land Development Regulations, the Zoning Ordinance, or the Design and Construction Standards Manual, and that final plats, development plans, and construction drawings for development on "the Property" are subject to the applicable Town regulations. "The Property" shall mean the 25 acre parcel shown on the plan entitled "Special Exception Plan, Uniwest" dated February 9, 1998, last revised April 3, 1998, prepared by William H. Gordon Associates, Inc. ("Special Exception Plan"). As used herein the term "development plan" shall mean a final development plan in accordance with Town land development regulations. ° All buildings as shown on the Special Exception Plan, including the proposed lumber and/or building materials sales facility, are set back at least 50 feet from the adjacent property identified as Tax Map 49 ((4)) Parcel B3 owned by REHAU. ° An S-3 screen is installed within a 17-foot buffer yard at the property's north and northeast boundary between the lumber and/or building materials sales facility and the adjacent property identified as Tax Map 49 ((4)) Parcel B3 owned by REHAU. 4. Buildings located on the property shall not exceed 45-feet in height. Transportation: The Applicant agrees to provide, at no cost to the Town and upon the request of the Town, a temporary grading easement, at the northwest comer of '~he Property", specifically for the grading of the future collector - distributor (CD) road leading to the future interchange at Route 15 Bypass and Edward's Ferry Road. The need for grading on the Special Exception site for the future collector - distributor (CD) road is indicated on "Special Exception Plan" sheet 3 Section A-A. The right-of-way and easements necessary for the construction of the Fort Evans Road frontage improvements which are consistent with the Town Plan shall be dedicated to the Town prior to approval of the first development plan on "the Property". The Applicant agrees to construct, at no cost to the Town, all entrance configurations and public road improvements, shown on the "Special Exception Plan" or included in these conditions, in accordance with Town and VDOT standards and requirements. ° The Applicant agrees that all Fort Evan's Road entrance configurations and Fort Evan's Road public road improvements shown on the "Special Exception Plan" will be approved and bonded in accordance with Town requirements prior to the approval of the first development plan on '~the Property". ° The Applicant agrees to construct, at no cost to the Town, right turn lanes at both entrances on the "Special Exception Plan". The right turn lanes at both entrances will be approved and bonded in accordance with Town requirements prior to the approval of the first development plan on "the Property". The Applicant agrees to provide an adequate channel for the design discharge of the Storm Water Management Pond. This adequate channel for the design discharge of the pond is subject to approval by the Town at development plan submission. The Applicant further agrees that any impact on the size and location of the Storm Water Management Pond due to -5- adequate channel design shall not be reason to alter the "Special Exception Plan" without the prior approval of the Town. The Applicant agrees to construct (if they are not constructed by others) the traffic signals identified in the Traffic Analysis (Gorove/Slade Associates, February 18, 1998), at no cost to the Town, as the Traffic Impact Analysis is predicated on the signals being in place at project build out. The traffic signals at both entrances will be approved and bonded (if they are not bonded by others), in accordance with Town requirements prior to the approval of the first development plan on "the Property". The Applicant agrees to modify the traffic signals identified in the Traffic Analysis (Gorove/Slade Associates, February 18, 1998), at no cost to the Town (if they are constructed by others), as the Traffic Impact Analysis is predicated on the signals being in place at project build out. The modifications to the traffic signals at both entrances will be approved and bonded (if they are not bonded by others) in accordance with Town requirements prior to the approval of the first development plan on '~he Property". The Applicant agrees that Note 6 on sheet 1 of 3 of the "Special Exception Plan" does not allow the Special Exception building foot prints to drii~ with in the "Limits of Special Exception" shown on the "Special Exception Plan", and that the Special Exception building final footprints shall not have more than 20% of the total Special Exception building area located outside the footprint shown on the "Special Exception Plan" as significant relocation could have an adverse impact upon the approved "Special Exception Plan". The "Special Exception Building foot prints" shall mean all building footprints shown on the "Special Exception Plan". Traffic Impact Study The Applicant agrees to construct a 2 lane paved asphalt connection to the east, (if it is not constructed by others), extending to East Market Street (Route 7) (precluding access to Route 15 Bypass), as the Traffic Analysis (GorovedSlade Associates, February 18, 1998), is predicated on said 2 lane connection to East Market Street (Route 7) being in place at project build out. The 2 lane connection to East Market Street (Route 7) will be constructed by the Applicant and/or others at no cost to the town and in accordance with all applicable VDOT and Town Standards and requirements and shall be approved and bonded in accordance with all applicable VDOT and Town requirements prior to the issuance of the approval of the first development plan on "the Property". The Applicant agrees not to request modification of the high capacity tee intersection at Fort Evans Road and 15 Bypass, and recognizes that all efforts of the Town and VDOT to date have been directed towards preserving, to the greatest extent possible, the limited access function of the Route 15 Bypass; therefore, the 2 lane connection to the east extending to River Creek Parkway is most consistent with the Town transportation policy. The Applicant agrees to construct the onsite traffic channelization islands at the two entrances to "the Property" shown on the "Special Exception Plan", at no cost to the Town, and the Applicant agrees that the onsite traffic channelization island configurations may need to be modified at construction drawings to optimize traffic operations. The onsite traffic channelization islands at both entrances will be approved and bonded in accordance with Town requirements prior to the issuance of the approval of the first development plan on "the Property". The Applicant agrees to construct the north one-half section (4 lane Divided) of Fort Evans road along the portion of "the Property" not subject to the Special Exception, at no cost to the Town, these Fort Evans Road improvements will be approved and bonded in accordance with Town requirements prior to the issuance of the approval of the first development plan on "the Property". The Applicant agrees that access to "the Property" not subject to the Special Exception is from the internal onsite travelways served by the entrances as shown on the "Special Exception Plan" and not from direct entrances onto Fort Evans Road, as the Traffic Study is predicated on the property not subject to the Special Exception uses not having direct entrances onto Fort Evans Road. -6- The Applicant agrees to modify, if necessary and in accordance with VDOT and Town standards, the skewed entrance alignments shown on the Special Exception plan in order to optimize traffic operations. SECTION II. Special exception approval does not express or imply any waiver or modification to any requirements of thc Town Plan, Design and Construction Standards Manual, Subdivision and Land Development Regulations, or Zoning Ordinance except as specifically cited herein. SECTION III. This ordinance shall be effective upon its passage. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. I. Webb, William F. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller (b) MOTION: On motion of Councilmember Troeino, seconded by Councilmember Buttery, the following resolution was proposed and adopted. 98-117 - RESOLUTION - ESTABLISHING PRO-RATA FEES FOR EVERGREEN MILL WATER LINE VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, B. J. Webb, William F. Webb, Mayor Clem Nay: None Absent: Councilmember Emswiller (c) through (f) MOTION: On motion of Councilmember William F. Webb, seconded by Councilmember Buttery, the following resolutions were proposed as consent items and adopted. 98-118 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR SYCAMORE HILL PHASE I, SECTION 3 98-119 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF THE PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR EXETER HILLS SUBDIVISION SECTION 5A 98-120 - RESOLUTION - AUTHORIZING A CONSTRUCTION CONTRACT FOR THE WATER SYSTEM IMPROVEMENTS WESTERN PRESSURE ZONE, PHASE II, MAIN ZONE PHASES III, IV AND VI AND THE SEWAGE PUMP STATION AT THE WATER PLANT 98-121 - RESOLUTION - AWARDING A CONTRACT FOR ENGINEERING AND DESIGN OF THE NORTH KING STREET STORM DRAINAGE IMPROVEMENTS PROJECT VOTE: Aye: Councilmembers Buttery, Trocino, Umstattch B. J. Webb, William F. Webb, Mayor Clem Nay: None Absent: Couneilmember Emswiller (h) Discussion was held on this item. No action was taken. Mayor Clem addressed the issue regarding expense involved in burying the utilities. He referred to an agreement dated 1892 and stated he will be in contact with Virginia Power to further discuss the issue. On motion of, and duly seconded, the meeting was adjourned at 9:15 p.m. / /~-ev (~ James E. Clem, Mayor Clerk of Council