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
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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.
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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.
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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".
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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
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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.
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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