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Home My Public Portal About1998_11_24TOWN COUNCIL MEETING MINUTES OF NOVEMBER 24, 1998 A regular meeting of the Leesburg Town Council was held on Tuesday, November 24, 1998 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia 20178, Municipal Government Center. The meeting was called to order by Mayor James E. Clem. COUNCILMEMBERS PRESENT Frank Buttery Leonard McDonald (absent) Joseph R. Trocino Kristen C. Umstattd B. J. Webb Bob Zoldos (absent) Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Director of Planning, Zoning and Development Michael Tompkins Director of Engineering and Public Works Thomas A. Mason Director of Parks and Recreation Kaj Dentler Chief of Current Planning Lee Phillips Planning Assistant Mary R. Mack Parks and Recreation Supervisor Abby Kimble Assistant Town Manager for Economic Development John Henry King Assistant Zoning Administrator Kevin Lawlor Town Attorney George Martin Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember Joseph R. Trocino 2. SALUTE TO THE FLAG was led by Eagle Scout Christopher William Heck 3. ROLL CALL all members of the Town Council were present except Councilmembers Leonard McDonald and Bob Zoldos. 4. APPROVAL OF MINUTES MOTION: On motion of Councilmember Buttery, seconded by Councilmember Umstattd, the special meeting minutes of November 4, 1998, November 5, 1998, November 9, 1998, November 10, 1998, November 17, 1998 and the regular meeting minutes of October 27, 1998 and November 10, 1998 were approved as written. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmembers McDonald and Zoldos Abstain: Councilmember Buttery (4.a, c), Councilmember Umstattd (4. b, c) and Councilmember Trocino (4. f) 5. CERTIFICATE OF APPRECIATION: A Certificate of Appreciation was presented to Mary R. Mack upon her retirement from the Town of Leesburg after 24 years of service. PROCLAMATION: MOTION: On motion of Councilmember Trocino, seconded by Vice Mayor Webb, the following proclamation was proposed and adopted. A Proclamation Art for Charity Month December, 1998 VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmembers McDonald, Zoldos -2- 6. PETITIONERS: Chuck Thornton, Bonnie Westfall and Am'Klmbl6~representlng the LEDC, contest coordinator and Leesburg P~t~'Es and Recreation, tespectively~"~'s"poke on behalf of the annual Holiday Christmas Decoration Contest. Loudoun County Board of Supervisor Scott York addressed the Council in support of Agenda item 11.(1). MOTION: On motion of Councilmember Umstattd, seconded by Councilmember Trocino, the following resolution was proposed and adopted. 98-263 - RESOLUTION - SUPPORTING THE VIRGINIA COALITION OF HIGH GROWTH COMMUNITIES WHEREAS, the Virginia Coalition of High Growth Communities, comprised of 20 rapidly growing Virginia localities, was established to raise the awareness of the General Assembly to local growth management concerns; and WHEREAS, the Coalition has a five-point legislative agenda related to school funding, impact fees, adequate public facilities, vested rights and opposition to HB 1362; and WHEREAS, the Town of Leesburg wishes to express its support for the Coalition and its agenda. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that it hereby endorses the Coalition and its five-point legislative agenda. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmembers McDonald, Zoldos 7. COUNCILMEMBER COMMENTS Vice Mayor Webb provided the Council and public with Mothers Against Drunk Drivers literature and urged everyone to not drink and drive. Councilmember Trocino attended the VML's Congress of Cities Conference in Kansas City. He wished everyone a Happy Thanksgiving. Councilmember Umstattd thanked Mary Mack for her years of service to the Town of Leesburg and Supervisor York for supporting and speaking on behalf of the Virginia Coalition of High Growth Communities. Ms. Umstattd commended the Leesburg Police Department, specifically Corporal Steve Pebler for apprehending an armed robber on November 17, 1998. Ms. Umstattd asked that the matter of churches as a by-right use in all zoning districts be placed on the December 1, 1998 Planning and Zoning Committee agenda. Councilmember Buttery concurred with Councilmember Umstattds' comments regarding the Leesburg Police Department and thanked Supervisor York for his comments. Mr. Buttery wished everyone a safe and Happy Thanksgiving. 8. MAYOR'S COMMENTS Mayor Clem attended the Loudoun County Excellence in Education banquet where at least 150 students with a grade point average of 3.0 also attended. Mayor Clem invited the public to attend the Christmas Parade and Tree Lighting Ceremony on Friday, December 4, 1998. 9. MANAGER'S REPORT Mr. Brown attended a meeting of the Environmental Advisory Commission where Chief Stiles, Washington Gas representative Mike Fixx and Assistant Fire Chief Wayne Whetsell were also in attendance. Mr. Brown reported from the written Activity Report. 10. LEGISLATION -3- (a) MOTION: On motion of Councilmember Trocino, seconded by Councilmember Umstattd, the following ordinance was proposed and adopted. 98-0-32 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP AND APPROVING A REZONING APPLICATION FOR #ZM-158, 4 CORNWALL STREET, NE, BY WILLIAM AND CAROL HANES WHEREAS, on September 1, 1998, William and Carol Hanes submitted an application to rezone 4,335.88 square feet located at 4 Cornwall Street, NE, from R-HD (Historic Residential) to B-1 (Downtown Mixed Use); and WHEREAS, on October 15, 1998, the Planning Commission held a public hearing to consider this application; and WHEREAS, on October 22, 1998, the Planning Commission recommended conditional approval of this application; and WHEREAS, on November 10, 1998, the Town Council held a public hearing to consider this application; and WHEREAS, this rezoning request is in the interest of public necessity, convenience, general welfare and good zoning practice; and WHEREAS, the scale and intensity of the proposed development is compatible with surrounding uses. THEREFORE, ORDAINED by the Town Council of Leesburg in Virginia as follows: SECTION I. Rezoning application #ZM-158, 4 Cornwall Street, NE, by William and Carol Hanes is hereby approved, and the Town of Leesburg Zoning District Map is amended to change the zoning on a 4,335.88 square foot parcel of land from R-HD to B-1 with proffers. The subject property is located on the north side of Cornwall Street between North King Street and Church Street and is further identified as Loudoun County Tax Map 48A Block 22 Parcel 2 as shown on the Rezoning Concept Plan prepared by Dickerson & Associates, P.C. dated July 15, 1998, and revised August 31, 1998. Pursuant to Section 15.2-2297 of the Code of Virginia, and Section 13A-12 of the Zoning Ordinance of the Town of Leesburg in Virginia (1990), the Applicant herein, William and Carol Hanes (the "Applicant"), as record owner of Loudoun County Tax Map 48A Block 22 Parcel 2 (the "Subject Property"), hereby proffers that, in the event that the Town Council of the Town of Leesburg in Virginia enacts legislation rezoning the Subject Property from the R-HD zoning district to the B-1 zoning district, as requested in Rezoning Application #ZM-158, and incorporating this Proffer Statement, development of the Subject Property shall take place in substantial conformance with the proffered conditions listed below. 1. The non-residential use of the property shall be restricted to strictly professional office use. 2. Any non-residential, vehicular access will be restricted from using Cornwall Street. SECTION 1II. Concept plan approval does not express or imply any waiver or modifications of the requirements set forth except as specifically cited herein. SECTION IV. This ordinance shall be effective upon its passage. VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmembers McDonald, Zoldos CONSENT ITEMS (b), (c), (d), (e), (f), (g), (h), (i), (j), (k) MOTION: On motion of Councilmember Buttery, seconded by Councilmember Umstattd, the following resolutions were proposed and adopted. -4- 98-264 - RESOLUTION - ENDORSING A COMPREHENSIVE AMENDMENT TOT HE LEESBURG ZONING ORDINANCE 98-265 - RESOLUTION - READOPTING A FISCAL POLICY FOR THE TOWN 98-266 - RESOLUTION - AUTHORIZING A CONTRACT WITH NORTHERN VIRGINIA UTILITY PROTECTION SERVICE (NVUPS) 98-267 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO ENROLL THE TOWN POLICE OFFICERS IN THE VRS LAW ENFORCEMENT OFFICERS RETIREMENT SYSTEM 98-268 - RESOLUTION - CANCELING THE DECEMBER 15, 1998 PLANNING AND ZONING, FINANCE, AND ADMINISTRATION AND PUBLIC WORKS COMMITTEE MEETINGS AND THE DECEMBER 22, 1998 TOWN COUNCIL MEETING 98-269 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR POTOMAC STATION, SECTION 6H 98-270 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT GREENWAY FARM SECTION 4B 98-271 - RESOLUTION - SUPPORTING FULL FUNDING OF HOUSE BILL 599 98-272 - RESOLUTION APPROVING THE MISSION OF THE DOGWOOD COMMITTEE 98-273 - RESOLUTION - AUTHORIZING THE MAYOR TO CORRESPOND WITH THE LOUDOUN COUNTY SUPERVISORS REGARDING TOWN AND COUNTY RELATIONS VOTE: Aye: Councilmembers Buttery, Trocino, Umstattd, Webb and Mayor Clem Nay: None Absent: Councilmembers McDonald and Zoldos On motion of, and duly seconded, the meeting was adjourned at 8:30 p.m. Clerk of Council Ja~s E. Clem, Mayor