HomeMy Public PortalAbout1978_05_10 8 :
\ MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL- AND PUBLIC HEARING
ON REZONING, ,APPLICATION ZM-21 BY ROBERT W. AHRENS, TRUSTEE, MAY 1Q 1978.
A regular meeting of the Leesburg Town Council was held in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on May
10, 1978. The meeting was called to order by the Mayor at 7 : 30 P.M. ,
with the invocation being given by Mr. Tolbert, and followed with
the Salute to the Flag. Present were: Mayor Mary Anne Newman,.
Councilmembers Charles E. Bange, Glen P. Cole, Stanley D. Herrell, Jr. ;
James. A. Rock, C. Terry Titus and John W. Tolbert, Jr. ;• also Town
Manager John Niccolls and Town Attorney George M. Martin. In the
absence of the Clerk, Mary Mack was appointed Clerk Pro-Tem.
Mayor Newman 'announced a change in the order of business in order
to consider a resolution proposed by Mr. Titus, explaining that Mr.
Titus has to leave the meeting early.
78-75 - Resolution - Opposinga variance to Madison House for private
water fcilities.
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On motion of Mr. Titus, seconded by Mr. Rock, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The Town Council for- the Town of Leesburgdoes herebyoppose
l the- granting to Madison House Associates by the Leesurgp
Board of Zoning Appeals of a variance for private water- fa-
: - cilities on a parcel of land containing 5 acres on the south
side of Monroe Street and, as grounds ,for such opposition,
sets forth the following:
(1) There is nothing exceptional or peculiar about this
property not shared by all other unimproved parcels of
land in the Town of Leesburg.
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(2 ) The granting of such variance would be contrary to the
public interest, and be a substantial detriment to the
public good, because it would deprive the Town of much
needed revenue for operation of the water and sewer
system.
(3) The Town Council , in adopting the existing Zoning Ordi-
nance, and in particular Section 4-B-1-3, imposed a
requirement that a multi-family dwelling located in a
R.4 District must be served by town sanitary sewers and
town water facilities ; therefore, the granting of the
requested variance would fail to observe the spirit of
the Zoning Ordinance as now in force and would, in ef-
fect, be an amendment to Section 4-B-1-3 of the Zoning
Ordinance, setting a dangerous precedent for all future
multi-family developments in Leesburg. ,
Mr. Titus' said Council should be aware of the potential loss of revenue
and the town should protect its interest in its utility systems. This
should be made known to the Board of Zoning Appeals. On motion of Mr.
Herrell, seconded by Mr. Tolbert, the -following amendment was proposed
to be added following the last paragraph:
"Further, it is hereby directed that no zoning permits for
any residential, commercial or institutional structures
shall be issued which are not to be served by .the town
water and sewer systems."
Mayor Newman commented that she has received many phone calls and
letters concerning Madison House and she is divided in her, feelings.
Madison- House Associates is prepared to pay the necessary fees for
connection to the system and it is unfortunate that the Town does
not have water available. After lengthy discussion on this, amend-
ment, it was felt it was a valid point, but not as a part of this
particular resolution. A roll call vote of 2 to 5 defeated the
amendment:
Aye: Councilmembers Bange and Herrell.
Nay: Councilmembers Cole, Rock, Titus, Tolbert and Mayor Newman.
6` MINUTES OF MAY 10, 1978 MEETING.
The resolution, as proposed, was adopted by a roll call, vote of
4 to 3:
Aye: Councilmembers Cole, Rock, Titus and Tolbert.
Nay: Councilmembers Bange, Herrell and Mayor Newman.
Mr. Titus requested that either the Mayor or some member of - the Council
• attend the Board of Zoning Appeals meeting and read this resolution.
Mayor Newman said she planned to be present at the meeting. Mr'. Rock
suggested that legislation concerning Mr. Herrell ' s proposed amendment
be prepared and presented to the Council.
Councilmember Titus left the meeting at this time.
There were no petitioners present at this time for Fairview
Subdivision.
Mr. Mark Bettius, attorney for. Lester Shor and Shor Leesburg As-
sociates, pleaded with Council to take immediate action for relief
of the current water moratorium for the area developers. He expected
to dismiss Mr. Shor' s current legal action against the town, stating
that it was in both the town' s and Mr. Shor' s interest for the prob-
lem to be resolved. Precedence in this -sort of a case only- results
in the Court figuring out the solution for the governing bodies. .
Mr. Bettius said Leesburg collects the highest connection and availa-
bility fees of any municipality in the Northern Virginia area. He
said the administration of the public utility system of the Town of
Leesburg is not functioning. , He believes there is no necessity for
the imposition of the moratorium. This is a suspension of guaranteed
rights under State law. He, therefore, asked Council to Allow them to —
withdraw
o -withdraw the lawsuit immediately by insuring to these people that by
July 1st the water supply will be adequate - they would agree to a sus-
pension of connections until October, if necessary.
Mayor Newman reported to Council that the well drillers found no
water on the diZerega site and they have moved on to the second site.
There followed discussion that even the Geological Survey Service had
not produced any water for .the Town. Mr. Niccolls pointed out that
the Geological Survey Service disclaims their office' s ability to find
water. Jerry Larson of the USGS said the diZerega site was not their
No. 1 choice of well sites - rather, it was their third choice. He
said they recommended against digging on the hill and emphasized the
need for geohydrology studies .
Mrs. Charles Harrison, representing residents of Fairview Subdi-
vision, exhibited photographs of severe drainage problems in the area,
as well as the need for curb and gutter. - .She asked that the town fur-
nish sidewalks, curb and gutter and remedy the drainage problem, as
was promised eighteen years ago when the subdivision was annexed by
the Town. She also ' requested' a STOP' sign coming out of Andover
Meadow onto Wilson Avenue. •
Public Hearing on Rezoning Application ZM-21 .by Robert W. Ahrens,
Trustee, for 37 East Cornwall Street.
The Notice of Public Hearing was read by the Clerk. The follow-
ing people spoke against the rezoning application,, addressing their
opposition to the need for preserving the residential balance of the
neighborhoods in the downtown area and, further, to the prospects of
creeping rezoning further up Cornwall Street. They emphasized the
need to preserve the historic area of Cornwall Street and urged that
the Council oppose this rezoning:
Stanley J. Bright - resident of 13. East Cornwall Street.
Col . Michael C. Grenata '- 'resident of 33 West Cornwall Street.
Mr. and Mrs. Edgar Carter -' residents of 14 East Cornwall. Street.
Nancy Bradfield - resident of 18 East Cornwall Street.
Thomas Cox - resident of '16 East Cornwall Street.
Phillip Brownrigg Chairman, Board of Architectural Review.
Teckla Cox - 10 East Cornwall Street.
William J. Cox, resident of 4 East Cornwall Street.
Rosalie Dietz - resident of 11 West Cornwall Street.
Mayor Newman read into the record a letter of opposition €o this rezoning
• from the Leesburg Downtown Business Association.
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MINUTES OF MAY 10, 1978 MEETING. - 87
Mr. Robert Ahrens spoke in defense of his application, stating
that his plan for the building was for professional offices only
within the existing building, with off-street parking to be pro-
vided behind the house. The only alterations he proposed would be
to enclose theexisting carport. He also pointed out his plans for
maintaining the existing front yard. He did not consider this action
to be spot zoning since the property borders on the east by B-1 zoning
and on the south by B-2 zoning.
Mr. Herrell said it is his belief that this is spot zoning.
/1 . Mayor Newman said this application will be considered at Council ' s
next workshop and will probably be acted upon at the next regular meet-
ing.
The public hearing was adjourned at 9 : 16 P.M.
Proposed Ordinance amending Sections 15-57, 15-58, 19-45, 19-47 and
repealing Section 19-46 of the Town Code.
On motion of Mr. Bange, seconded by Mr. Tolbert, the following
ordinance was proposed:
ORDAINED by the Council of the Town of Leesburg, Virginia, as
follows :
SECTION I. Sections 15-57, 15-58, 19-45 and 19-47 are hereby
amended to read as follows :
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Sec. 15-57. Charge where connection made to both water and
sewer system.
- Where connection has been made to both the town water
and sewer systems, the charge for the connection and use of
the sewer system shall be based on time and quarterly water
meter readings taken to the nearest 1, 000 gallons as follows :
(a) For premises inside the town, the rate shall be
$1. 50 per quarter plus $1. 90 per 1, 000 gallons.
(b) For premises outside the town, the rate shall be
$2. 25 per quarter plus $2. 85 per 1 , 000 gallons.
Sec. 15-58. Charge where connection made to sewer system
only-Generally.
Where connection has been made to the town sewer system
only, the charge for- the connection and use of the sewer
system shall be as follows :
(a) For premises inside the town, the charge shall
be $35. 00 per quarter.
(b) For premises outside the town, the charge shall
be $52. 50 per quarter.
Sec. 19-45. Rates established.
The charge .for connection to and use of water from
the town water system, shall be based on time and quarter-
ly meter readings taken to the nearest 1 , 000 gallons as
follows :
(a) For premises inside the towry the rate shall be
$1. 50 per quarter plus $0.98 per 1 , 000 gallons.
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(b) For premises outside the town, the rate shall be
$2. 25 per quarter plus $1.47 per 1, 000-gallons.
Sec. 19-47. .Rate for water drawn at public meter. •
The charge for each purchase of water drawnat the
public meter inside the town shall be $3.00 •plus $2.00
per 1,000 gallons for all water drawn.
$$ MINUTES OF MAY 10, 1978.
SECTION II. Section 19-46 of the Town Code is hereby, re-
pealed.
On motion of Mr. Bange, seconded by Mr. Cole, the following amend-
ments were proposed and unanimously, adopted to Sec. 15-57(b) and
Sec. 19-45(b) :
Sec. 15-57(b). For premises outside the town, the rate
shall be $1. 50 per quarter, plus $2. 85 per 1, 000 gallons.
Sec. 19-45(b) . For premises outside the town, the rate
shall be $1. 50 per quarter, plus $1. 47 per 1,000 gallons.
Mr. Bange felt that the computer charge is the same for in and out
of town rates.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: None.
On motion of Mr. Cole, seconded by Mr.. Herrell , Council voted unani-
mously to approve Rate Structure No. 1 as revised May 5, 1978 and as
amended, and that the second reading and public hearing on this bill
shall be held on June 7, 1978 at 8 :00 P.M. , to be advertised in full
in the Loudoun Times-Mirror on May 25, 1978 and June 1, 1978:
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: None.
Mr. Bange requested that a copy of the ad be sent to WAGE Radio.
78-0-12 - Ordinance - Amending Sec. 4-9 of the Town Code.
On motion of Mr. Herrell, seconded by Mr. Rock, the following
ordinance was proposed and adopted by a vote of 5 to 1 :
ORDAINED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. Section 4-9 of the Town Code is hereby amended
to read as follows :
Sec. 4-9. Amount of Licenses. •
It shall be unlawful for any person to own a dog six
months old or over in the town unless such dog is licensed,
as required by the provisions of this ordinance. Dog li-
censes shall run by the calendar; namely, from January 1
to December 31 , inclusive, and the license tax shall be
payable at the office of the treasurer and the license fee
amounts shall be identical to those in effect in the county:
Fertile Male $8.00
_Ifertile or Spayed, Female 3. 00
Fertile Female 8. 00
Infertile Male 3. 00
Kennel, up to and including
20 dogs 20.00
Kennel, up to and including
50 dogs 25.00
Provided, however, that no license tax shall be levied
on any dog that is trained and serves as a guide dog.
SECTION II, An emergency is declared and this ordinance shall
be in effect on the date of passage of a similar ordinance by
the County of Loudoun.
Mr. Bange felt that cats should also be licensed. . •
Aye: Councilmembers Cole, Herrell, Rock, Tolbert and Mayor
Newman.
Nay: Councilmember Bange.
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MINUTES OF MAY 10, 1978 MEETING. '
78-76 - Resolution - Making offer to Paxton Home for adjustment of
water rate.
On motion of Mr. Bange, seconded by Mr. Herrell, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows : I
The following offer is made to the Paxton Home for adjust-
ment of the water rate:
(1) A minimum payment of $5, 000 would be made annually to
the home which would entitle the town to use up to
54, 750, 000 gallons per year.
(2) The town would pay the home 6c per 1 , 000 for all water
used in excess of the minimum. -
(3) Payments and pro-rata minimums would be calculated on
a quarterly basis.
(4) The home would waive its right to reopen rate negotia-
tions until 1984.
el
CV Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
N. Mayor Newman.
P. Nay: None.
C
Proposed resolution commenting on the Draft Loudoun County Resource
Management Plan.
Mayor Newman asked that this item be sent back to workshop inas-
much as there was not really time to discuss it at the last workshop
session.
78-77 - Resolution - Endorsing the fiscal' year 1979 Northern Virginia
Criminal Justice Plan.
On motion of Mr. Cole, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The fiscal year 1979 Northern Virginia Criminal Justice
Plan, as prepared by the Northern Virginia Planning Dis-
trict Couuuission, is hereby endorsed.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: None.
78-78 - Resolution - Granting waiver of site plan requirements.
On motion of Mr. Herrell , seconded by Mr. Cole, the following
resolution was proposed:
WHEREAS, the Leesburg Planning' Commission has recommended
the following waiver of Site Plan requirements,
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I. The Site Plan Requirements of Chapter 9A of the
Leesburg Zoning Ordinance are hereby waived in accordance
with Section 9A-6-12 of said Ordinance, for' the'-erection
of a temporary structure on the land of Clarence Jewell , , '
formerly occupied by the State Highway Department, on the
north side of East Market Street. This waiver is granted
pursuant to written request from Charley Puleo, John Puleo
and Burt Kaplan dated March 29, 1978.
MINUTES OF MAY 10, 1978 MEETING.
Mr. Herrell felt that the ordinance should be amended, rather than
the constant waiver that has •been 'going. on. The applicants were present
and answered questions from Council members relating to the temporary
nature of the structure. A roll call vote adopted the resolution by
a vote of 3 for, 2 against -and 1 abstention: '
Aye: Councilmembers Bange, • Cole •and .Tolbert.
Nay: Councilmember Rock and Mayor Newman.
Abstention: Councilmember Herrell.
78-79 - Resolution - Accepting a deed of easement from Consolidated
Dairy Farms, Inc. for waterworks improvements.
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On motion of Mr. Herrell, seconded by Mr. Cole, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
The Deed of Easement made the 13th day of April, 1978, -by
and between Consolidated Dairy Farms, Incorporated, and
the Town of Leesburg for the construction, re-construction,
maintenance, replacement or repair, use and inspection of
water main or mains, including necessary appurtenances,
over, across, through and under th'e land of the Grantors,
and for a "temporary construction easement" contiguous. to
the permanent easement during the original installation of t .
water main, and for any aid all purposes related. thereto
which shall become null and void once construction is com-
pleted, is herebyaccepted, and the Mayor is hereby author-
ized to acknowledge the same on behalf of the town.
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor- Newman. _
Nay: None.
78-80 - Resolution - Making appropriation for fiscal year 1977-78.
On motion of Mr. Cole, seconded -by Mr. Herrell, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of- Leesburg, Virginia,
as follows :
The following appropriation is made for the fiscal year end-
ing June 30, 1978 :
Account No. and Name Appropriation
4050 - Independent Audit, $ 890. 00
Aye: Councilmembers Bange, Cole, Herrell, Rock, Tolbert and
Mayor Newman.
Nay: None.
Mr. Niccolls said the report on the Dulles Area Watershed Policy
should be discussed 'in detail and suggested- that this be done atthe
next workshop session. There will still be time to have a resolution
entered into the public record. for the hearing.
78-81 - Resolution - Authorizing a contract for engineering services
related to the Potomac River water supply project
with Bengtson, DeBell & Elkin, inc.
_ On motion of Mr. Rock, seconded by Mayor Newman, a resolution
authorizing the above-mentioned contract was proposed. There followed
rather lengthy discussion as to the. necessity for Tasks 3, 4, 7 and 8.
It is noted that Mr. Titus returned to the meeting during this discus-
sion (9 : 55 P.M. ) . . With unanimous consent of the Council., Tasks 3 and
4 were eliminated from the resolution. The resolution, as amended,
was then unanimously adopted' and is as follows :
RESOLVED by the Couhcil of the Town of Leesburg, Virginia,
as follows :
9'1-
MINUTES OF MAY 10, 1978 MEETING. •
SECTION I; - The manager is authorized- and directed to enter
into' an agreement with Bengtson, DeBell & Elkin, Inc. , P. 0.
Box 429, Centreville, Virginia 22020, for engineering ser-
vices related to the Potomac River water supply project de-
scribed as Tasks 1 , 2, 5, 6, 7, 8 and 9 in the May 8, 1978
proposal from Paul E. Bengtson, P.E. , President, at a -cost
not to exceed the amounts shown in the proposal for each
task.
SECTION II. An appropriation is made to Utility Fund Non-
restricted Water -Capital Projects, Account #20400. 806A, Po-
tomac River Water Supply Design Engineering, for the fiscal
year ending June 30, 1979 in the amount of $17 , 360.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert.
and Mayor Newman.
Nay: None. •
Mr. Niccolls reported that the well drilling righas been moved
frgm the diZerega site (where they were unsuccessful) to the Consoli-
dated Dairy site. There is a possibility that we might return to the
diZerega site and Mr. Shope is working on this. Progress is being
made on the Phillips-Nickels construction. We are pumping the Andover
Meadow site and conducting bacteriological tests. This is a very
substantial emergency stand-by.
et
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Mayor Newman informed Council of the inquiries she has received
,with regard to the filling of the swimming pool at Loudoun House.
She said two other apartment complexes have already filled theirs.
78-82 - Resolution - Rescinding Resolution No. 77-189 concerning
water use restrictions .
On motion of Mr. Bange, seconded by Mr.1,Herr 1 th 11fol owing
resolution was proposed and unanimously adop?Xcj a�terc ho me dis-
cussion:"
RESOLVED by the Council of the Town of Leesburg; Virginia,
as follows :
Resolution No. 77189 dated October 12, 1977 is hereby re-
scinded and the water use restrictions are lifted.
Mr. Titus requested that Mr. Niccolls give weekly reports on the
available water supply and, if necessary, the ban can be re-imposed.
Aye: Councilmembers Bange, Cole, Herrell , Rock, Titus, Tolbert
and Mayor Newman.
Nay: None.
Mayor Newman requested that Council members plan to attend the
Budget workshop on Monday night.
78-83 - Resolution-Granting waiver of site plan requirements.
On motion of Mr. Herrell, seconded by Mr. Rock (for discussion
purposes), the following resolution was proposed:
WHEREAS, the Leesburg Planning Commission has recommended
the following waiver of Site Plan requirements,
RESOLVED by the Council of the Town of Leesburg, Virginia,
as follows :
SECTION I, The Site Plan requirements of Chapter 9A of the
Leesburg Zoning Ordinance are hereby waived in accordance
with Section 9A-6-12 of said Zoning Ordinance for an addi-
tion to the existing Village Lanes Bowling Center pursuant
to written request from John M. Campbell dated April 20, 1978.
SECTION II. Compliance with this waiver obligates the appli-
cant to show the required number of parking spaces on the
sketch submitted for the Zoning Permit.
92;
MINUTES OF MAY 10, 1978 MEETING. ,
Mr. Campbell was present to explain •the parking requirements - the
Planning Commission asked .that the required number of spaces be
shown on the sketch presented to secure the zoning permit. , The-
resolution was adopted by a..vote..of..5. to 1 and 1-abstention:
Aye: Councilmembers Bange, Cole, Titus ,, Tolbert and Mayor
Newman.
Nay: Councilmember Rock.
Abstention: Councilmember Herrell.
On objection by Mr. Rock, the matter concerning C. Herbert Pear-
' son' s request for a sewer extension for..15 East First Street will be
discussed .at workshop., '
Proposed resolution authorizing offer to Carleton Penn and Lucas D.
Phillips for easement for waterworks improvements and condemnation
proceedings for early entry. -
There was discussion concerning the above-mentioned easement,
with Town Attorney George Martin suggesting that the N. MacKenzie
Downs appraisal be shown to Judge Penn. Mr. Rock objected to this
action: Otherwise, Council was in agreement ,to have the appraisal
copied to the landowners. Mr. Niccolls said he would also ask for
a right of early ,entry in order that the project might proceed.
Mr. Herrell questioned the existence of the Fotomat building in
Virginia Village Shopping Center. He asked if there had been site
plan approval , etc. Mr. Bange said they had approval on it, however, ,
it was moved and the use of rest room facilities was agreed to with
Mr. Ours. It was also pointed out that this is on private property,
so did not require curb and gutter, etc. Mr. Herrell also requested
that Mr. Martin look into the legalities of the amendment to the
Madison House resolution proposed by him tonight. Does this have to
be an amendment to the Zoning Ordinance?
On motion of Mr. Rock, seconded by Mr. Cole, the meeting was
adjourned at 10: 30 P.M.
Mayor
er
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C of�the Council Pro- em