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HomeMy Public PortalAbout1979_03_14 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MARCH 14 , 284 1977. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia, on March 14 , 1979 at 7 : 30 P .M. The meeting was called to order by the Mayor, with the invocation being given by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Hill . Present were: Mayor Kenneth B. Rollins, Councilmembers Stanley D. Herrell, Jr. , G. Dewey Hill, Jr. , Marylou Hill , Walter F. Murray and John W. Tolbert, Jr. ; also, Town Manager John Niccolls, Assistant Manager Jeffrey H. Minor, Director of Finance Donald 0. Taylor, Chief of Police James M. Kidwell and Town Attorney George M. Martin. Absent from the meeting was Councilmember Glen P. Cole. The minutes of the regular meeting of February 28 , 1979 were approved as written. MANAGER' S REPORT: (1) He called attention to the Activity Report issued by Mr. Minor in his absence; also copies of the Capital Projects Report hale been distributed to members recently. This attempts to recap the status of the various major projects underway in Leesburg. (2) The Public Works Department has begun construction of the well facilities on Evergreen Mill Road. Excavation is under- way, all critical materials for the early stages of construction have been received - there seems to be no reason to believe the projects cannot be completed by June 1 . (3) The Engineering Department will have complete by the end of the week or first of next week revised specifications for next year' s resurfacing work and the Public Works Department will have for its next meetings a proposed list of projects to be bid, after the list has been reviewed, early this spring (next month) and this work will be under way as requested very early in the year. COUNCILMEMBER INQUIRIES AND COMMENTS : Mr. Hill said he was at the site of the Evergreen Mill wells yesterday and inquired as to how deep they were putting, the pump. He was told that it would be 75 feet. The tests were done about 20 feet below this, and he wondered why they were not going down that far. He felt it would be much cheaper to install it at that depth now, rather than having to lower it later on. He asked if this has an adverse effect on overworking the pump? Is this why they raised it 20 feet higher? Mr. Niccolls said they have not completed their review of this question, but he has asked Mr. Shope and Mr. Chaves to review this . A full report will be avail- able shortly. He went on to explain that these are submersible pumps and they are easy to raise or lower "at will . " The only issue is that of the possibility of pulling gravel down from the cavern. Mrs. Hill noted that there have been three incidents of damage to the elevated water tank and that we have purchased new gates. She asked if they are supposed to be "vandal-proof?" Mr . Niccolls said he doubted it, but the light is turned off at this time so as not to call attention to it . He said they are fabricating a grate which will be affixed to the upper ladder - this would make it a lot of effort to get up there. There were suggestions of taking the ladder down, installing an electric fence, along with a sign indicating such a fence and displaying art on the tank. Mr. Niccolls said it is planned to repaint the top of the tank, with town forces performing the work. Mayor Rollins felt the entire tank should be repainted - otherwise, there will be a difference in colors. Mrs. Hill also noted that few people are paying attention to the entrance and exit on the West Loudoun Street side of the parking lot. Mr. Niccolls said it looks as though some low signs will have to be installed at these locations. Mr. Tolbert reminded that he had requested that the entrance to the Airport be repaired. Mr. Niccolls said this is on the list, but there has not been time nor decent weather to do it . 285: MINUTES OF MARCH 14 , 1979 MEETING . ' MAYOR' S REPORT: Mayor Rollins concurred with the policies set up for snow re- moval, but he asked why they are proposing to clear both sides of King Street and no other streets . Why not Market Street also? Mr. Murray thought Market Street was included. He said they felt that King Street is a main artery through the town and this should be done to promote proper movement of traffic through town. Mr. Herrell asked why the downtown merchants were being given prefer- ential treatment - he felt Mr. Wilhoit would be back with the same problems . After some further discussion on this matter, it was felt the Public Works Committee should discuss this further. Mayor Rol- lins suggested the possibility of this being an ordinance to regu- late snow removal. Mayor Rollins also asked if the new water distribution lines have been put into the system yet? Mr. Hill said they are all in except for Loudoun Street. 79-0-4 - ORDINANCE - AMENDING THE ZONING ORDINANCE OF THE TOWN OF LEESBURG. On motion of Mrs. Hill , seconded by Mr. Tolbert, the following ordinance was proposed : et WHEREAS, the Planning Commission initiated proposed amend- ments of the LeesburgZoningOrdinance to provide revised �:..; sign regulations on August 17 , 1978 , and on January 4 , 1979 , C after conducting a public hearing as required by Section 15 . 1-431 of the Code of Virginia, recommended adoption of such amendments by this Council; and WHEREAS, a public hearing required by Section 15 . 1-431 was conducted by this Council on February 14 , 1979 , to hear per- sons speaking for and against the proposed amendments : THEREFORE, ORDAINED by the Council for the Town of Leesburg, Virginia, as follows : SECTION I . Sections 3-3-5 , 3-3-6 , 3-3-7 , 4-3-3 , 15-1-62 and 15-1-63 of the Leesburg Zoning Ordinance are repealed. SECTION II . Sections 3-3-4 , 4-3-2 , 4-A-3-1, 4-B-3-2 , 5-4-2 , 6-4-2 and 7-4-3 of the Leesburg Zoning Ordinance are amended to read as follows : 3-3-4 Signs as specified in Article 8-A. 4-3-2 Signs as specified in Article ,8-A. 4-A-3-1 "R-1" District permitted accessory uses . 4-B-3-2 Signs as specified in Article 8-A. 5-4-2 Other accessory uses customarily incidental to a permitted principal use, including signs as specified in Article 8-A. 6-4-2 Signs as specified in Article 8-A. 7-4-3 Signs as specified in Article 8-A. SECTION III . The Leesburg Zoning Ordinance is amended to add 31 new sections to read as follows : 4-A-3-2 Signs as specified in Article 8-A. 4-C-3-2 Signs as specified in Article 8-A. 15-1-61 . 6 Sign, bulletin board. A structure containing a surface upon which is displayed the name of a re- ' ligious institution, school, library, auditorium, stadium, athletic field or arena, or other simi- lar use for the announcement of services of activi- ties to be held therein. X MINUTES OF MARCH 14 , 1979 MEETING . 286 15-1-61 . 7 Sign, business. A sign which directs attention to a use, commodity, service, business or profession conducted, offered, or sold upon the premises where such sign is located. 15-1-61 . 8 Sign, canopy. A sign displayed upon a canopy. 15-1-61 . 9 Sign construction. A sign indicating the names of architects, engineers, contractors, and simi- lar persons involved in the design and construc- tion of a structure or project. 15-1-61 . 10 Sign, directional . A sign directing vehicular or pedestrian movement into a premise or within a premise. 15-1-61 . 11 Sign face. The surface of the sign upon, against, or through which the message of the sign is ex- hibited. 15-1-61. 12 Sign frontage. The length of all abutting public rights-of-way, except alleys and pedestrian walk- ways. 15-1-61 . 13 Sign, free-standing. A sign suspended or supported by one or more uprights or braces mounted directly upon the surface of the land. 15-1-61. 14 Sign, functional . The term used to describe the nature of the message conveyed by a sign. 15-1-61. 15 Sign, height. The vertical distance from the uppermost point used in measuring the area of the sign to the ground immediately below such point or to the level of the upper surface of the nearest curb of a street or alley, other than a structurally elevated roadway, whichever measurement permits the greatest elevation of the sign. 15-1-61 . 16 Sign, identification. A sign which displays only the name, address and/or use of the premises upon which the sign is located. 15-1-61. 17 Sign, illuminated. A sign that is lighted by an artificial light source . 15-1-61. 18 Sign, marquee. A sign which is displayed upon a marquee. 15-1-61 . 19 Sign moving. A sign which in part or total rotates, revolves, or otherwise is in motion, or which ap- pears to move. 15-1-61. 20 Sign, nonconforming. A sign which does not conform to the requirements of this ordinance but which was erected before this ordinance and any immediate predecessor to this ordinance became effective. 15-1-61. 21 Sign, outdoor advertising. A poster panel sign. 15-1-61. 22 Sign, painted. A structure on which advertising design is either painted or painted on another sur- face, as paper, and posted and which may incor- porate the use of cut-outs and/or other embellish- ments . 15-1-61 . 23 Sign, political. A sign calling attention to a candidate or issue soon to be the subject of an election. 15-1-61 . 24 Sign, portable . A sign which is not permanently affixed to a structural base or building and which is movable to and from locations . 2:E3 7 MINUTES OF MARCH 14 , 1979 MEETING . 15-1-61 . 25 Sign, poster panel . A sign which is not more than 12 by 25 feet overall on which posters are displayed similar to an outdoor advertising sign or a painted sign. 15-1-61 . 26 Sign, projecting. A sign suspended from or sup- ported by a building, structure, or column and extending therefrom more than 15 inches . 15-1-61. 27 Sign, promotional . A temporary sign which is generally owned by the user and is displayed to promote a specific event or activity, such as , civic and charitable projects, commercial sales, business openings and closings and seasonal mer- chandise; and which is brought to the premises ready to use except for application of changeable copy, extension of braces or' other means to tempo- rarily mount the sign, and connection to electri- cal outlets . 15-1. 61. 28 Sign, real estate. A sign pertaining to the sale or lease of the tract of land on which the sign is located or the sale or lease of one or more struc- tures or a portion thereof located on such tract Et of land. et CNI 15-1-61 . 29 Sign, real estate development. A sign which adver- ; tises a subdivision or other real estate develop- ment. 15-1-61 . 30 Sign, structural . A term used to describe the physi- cal form of a sign. 15-1-61. 31 Sign, structure . The supports, uprights, bracing or framework for a sign. 15-1-61. 32 Sign, temporary. A sign which is displayed for a limited period of time, including promotional signs but exclusive of political signs. 15-1-61. 33 Sign, wall . A sign which is affixed or attached to the wall of a building or other structure by being painted directly thereon or attached directly there- on or which extends not more than 15 inches there- from. 15-1-61 . 34 Sign, warning. A sign indicating danger or a situa- tion which is potentially dangerous . SECTION IV. Sections 15-1-61, 15-1-61 . 1 , 15-1 . 61 . 2 ,' 15-1-61 . 3 , 15-1-61. 4 , and 15-1-61 . 5 of the Leesburg Zoning Ordinance are amended to read as follows : 15-1-61 Sign. A name, identification, description, display or illustration which is affixed to or painted upon or represented directly or indirectly upon a build- ing structure or other physical object or piece of land which directs attention to an object, product, place, activity, person, institution, organization, business or other human endeavor. 15-1-61 . 1 Sign, advertising. A sign which directs attention to a use, commodity, or service not necessarily re- lated to the premises on which the sign is located. 15-1-61. 2 Sign area. The entire area within a single continu- ous perimeter enclosing the extreme limits of writ- ing, representation, emblem or figure of similar character together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background 23171M .- MINUTES OF MARCH 14 , 1979 MEETING. 288 against which it is placed, excluding the necessary supports or uprights on which the sign is placed; sign area shall be computed from measurements of the maximum silhouette of the largest sign face or comtination of faces as viewed from a single point. 15-1-61 . 3 Sign, awning . A sign displayed upon an awning. 15-1-61. 4 Sign base. A part of a sign that is attached to the ground, if free-standing; otherwise, for the purposes of measuring, the land under a sign. 15-1-61. 5 Sign, billboard. An advertising sign. SECTION V. The Leesburg Zoning Ordinance is amended to add a new article to read as follows : ARTICLE 8-A SIGNS 8-A-1 The following regulations shall apply to property within all zoning districts. 8-A-1-1 Yard Requirements . No sign shall be placed within any yard required by this Article unless such re- quirements are specifically modified by this Article. 8-A-1-2 Subject of Signs. The subject of all signs must refer to a permitted and existing use on the premises where the sign is situated except as permitted in this Article. 8-A-1-3 Obsolete Signs. It is unlawful to maintain for more than 30 days any sign which has become obsolete be- cause of discontinuance of the business, service or activity which it advertises , removal from the loca- tion to which it directs or for any other reason. The fact that an obsolete sign is non-conforming shall not be construed as modifying any of the re- quirements of this section. 8-A-1-4 Non-conforming Signs. Any sign lawfully in existence at the time of the effective date of this Article may be maintained although it does not conform with the provisions of this Article; except, that any non- conforming sign shall be removed no later than 2 years after discontinuance of the activity advertised. 8-A-1-5 Sign Maintenance . All signs and components thereof shall be kept in good repair and in a safe, neat, clean and attractive condition.: . 8-A-1-6 Removal of Signs in Violation. The Zoning Adminis- trator may order the removal of any sign erected or maintained in violation of this Article. He shall give 30 days notice in writing to the owner of such sign or of the building structure or premises on which such sign is located, to remove the sign or to bring it into compliance with this Article. 8-A-1-7 Exceptions . The following signs are not subject to the provisions of this Article. (a) Governmental signs for control of traffic and other regulatory purposes, including street signs and warning signs. (b) Signs of public utility companies for the purpose of safety. (c) Flags, emblems and insignia of any govern- mental agency. (d) Temporary displays of a patriotic, religious, charitable or civic character on private property. L�' ti f tai t f MINUTES OF MARCH 14 , 1979 MEETING . 289 (e) Commemorative plaques placed by recog- nized historical agencies . (f) Signs within a stadium, open-air theatre, shopping center, arena or other use which can be viewed only by persons within such use. (g) Signs are not visible beyond the boundaries of the lot or parcel upon which they are situated, or from any public thoroughfare or right-of-way. (h) Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers , or names of occupants of premises. I/ 8-A=1=8 Prohibited Signs . The following signs are prohibited in the town : (a) Signs visible from the public streets which are affixed to trees, poles, or other struc- tures, except free-standing signs and except as pro- vided herein. (b) Signs, other than permitted temporary or por- table signs, which are not securely affixed to the ground or some structure affixed to the ground. (c) All moving or flashing signs . (d) Signs not permitted by this Article and, if erected before the date this chapter became ef- fective, signs not permitted by the Zoning Ordinance effective March 9 , 1959 as amended. (e) Signs erected in or over .a public street or way, except as permitted in this Article or else- where in the Town Code. (f) Signs at or near any intersection of streets erected in such a manner as to obstruct clear and free vision from one street to the other by the sign, its mounting, structure, supports, base or any other part, when one is seated in an automobile at or near the intersection. (g) Signs at any location where by reason of position, shape or color, the sign may interfere with, obstruct the view of , or be confused with any authorized traffic sign, signal or device, or any such sign which makes use of the words, "STOP" , "LOOK" , "DANGER" , or other such words , phrase, or symbol, in such manner as to interfere with, mis- lead, or confuse the drivers of motor vehicles within the town. (h) Signs with light sources of such bright- ness as to constitute a hazard to pedestrian or vehicular traffic; any beamed light or light of great intensity pointing toward on-coming traffic or any other property. (i) Signs, handbills, posters, advertisements, or notices of any kind which are fastened, placed, painted or attached in any way, upon curbstone, fence, lamppost, telephone pole, electric light or power pole, hydrant, bridge, culvert, public drink- ing fountain, public trash container, courtesy bench, rest station, building, tree, or in or upon any por- tion of any public street, right-of-way, sign or signal except as specifically permitted within this Article. (j) Signs not accessory to a permitted princi- pal use. (k) Roof signs . (1) Billboards, advertising, outdoor advertis- ing and poster panels . 8-A-1-9 Illuminated signs . Illuminated signs are not per- mitted in residential zoning districts except as regulated by Section 8-A-1-15. 6 . Signs in "MC" , Business and Industrial Zoning Districts may be illuminated by indirect or interior lighting pro- vided that the source of light shall concentrate X)4XXXXX MINUTES OF MARCH 14 , 1979 MEETING. 290 the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. Signs, if illuminated on properties within the H-1 Historic District shall be lighted with white light only. 8-A-1-10 Height of signs . (a) Free-standing signs in residential zoning districts shall not exceed 12 feet in height. (b) Free-standing signs in MC, business and industrial zoning districts shall not exceed the height limitations of the zoning district for build- ings unless they are oriented toward a street with- in 600 feet which is higher in elevation than the base of the sign, in which case such elevated sign may exceed the height of the elevated street by 30 feet. 8-A-1-11 Temporary and political signs, generally. (a) Temporary signs shall be displayed for not more than 14 days in a 90 day period. Tem- porary signs in MC, business and industrial dis- tricts may not be illuminated. No temporary sign shall exceed in area the sign area allowed for permanent signs of the same structural type, ex- cept as provided in this Article. Temporary signs in lawful existence and lawful use of the date this Article became effective will continue to be con- trolled by the zoning ordinance effective March 9 , 1959 , as amended, until their lawful use is ended. Temporary signs originally erected and in existence and use from and after the date this Article becomes effective will be controlled by this Article. (b) Political signs shall be permitted only as provided below: (1) Political signs are permitted on zoning lots in addition to other permitted signs. (2) The area of political signs shall not exceed eight square feet in Business and Industrial districts . (3) Political signs may be displayed only during the period 45 days before to five days after an election to which they pertain. (4) Political signs shall not be permitted in MC and residential districts. 8-A-1-12 Permits, fees for permits. Except as provided herein, no person shall erect, install , use, alter, relocate, replace or reconstruct any sign regu- lated by this Article without first applying to the Zoning Administrator for a sign permit; ap- plying for a sign permit; applying for and receiv- ing a Historic District Zoning Permit, if applicable; paying the fee provided herein to the Town and being issued an approved sign permit. For signs of six or less square feet of sign area, the fee for a sign permit shall be $5 . 00 . For signs of more than six square feet of sign area, the fee shall be $10 . 00 . For identification signs of less than ten square. feet and for all temporary and political signs , there shall be no fee. For repainting or cleaning of an advertising structure or the changing of advertising copy or mes- sage thereon, unless a structural change is made, there shall be no permit or fee required. MINUTES OF MARCH 14 , 1979 MEETING . 2 � . 8-A-1-13 Signs at Motels. 8-A-1-13 . 1 In General . The regulations provided in this Ar- ticle apply to motels regardless of the zoning dis- trict in which they are located and except as speci- fically modified herein, shall be in addition to general regulations provided elsewhere in this Article. 8-A-1-13 . 2 Functional and Structural Signs at Motels . (a) Only the following functional types of signs are permitted on zoning lots with motels : (1) Identification and directional signs . (2) Business signs. (3) Real estate signs, provided that it refers to the sale or lease of an entire estab- lishment on the zoning lot. (4) Political signs . (b) Only the following structural types of signs are permitted on zoning lots with motels: (1) Wall signs. (2) Free-standing signs . ►t 8-A-1-13 . 3 Number and size of signs at motels. (a) Only the following number of signs are permitted on any one zoning lot with a motel : :a. (1) Two wall signs plus one wall sign for each additional ' separate business estab- lishment. (2) One free-standing sign oriented to each road abutting the zoning lot, provided, however, that all free-standing signs shall be separated by a distance of 300 lineal feet. (3) Directional signs, free of advertising materials , as necessary to control and direct traffic . (4) One real estate sign. (b) The following maximum size of signs is es- tablished for any one zoning lot with a motel : (1) Wall signs shall not exceed a maximum aggregate area of 200 square feet, except, how- - ever, within the H-1 Historic District wall signs shall not exceed a maximum aggregate area of 100 square feet. (2) The area of free-standing signs shall not exceed the following maximums : (a) On zoning lots which abut major thoroughfare rights-of-way of 70 feet or more, free-standing signs within 50 feet of such right-of-way shall not exceed one square foot in area for each two lineal feet of lot frontage. (b) On zoning lots which do not abut ' major thoroughfare rights-of-way of 70 feet or more, free-standing signs shall not ex- ceed one square foot in area for each four lineal feet of lot frontage, however, the area of such signs shall not exceed 50 square feet. (c) Other permitted free-standing business signs shall not exceed 50 square feet in area . (3) Directional signs shall each not ex- ceed an area of more than three square feet. (4) Real estate signs shall not exceed a total area of 32 square feet. 8-A-1-13 . 4 Setback of signs at motels . (a) No part of a free-standing sign shall be within ten feet of a street right-of-way or within 5 feet of the intersection of corner front property . lines, except directional signs permitted in Section X MINUTES OF MARCH 14 , 1979 MEETING. 292 8-A-1-13.2 (a) (1) above which shall be permitted within five feet of the street right-of-way. Such directional signs shall not exceed two and one-half feet in height. (b) Wall signs shall be set back from street rights-of-way a distance not less than the required setback for buildings or attached flat against an existing building to which it pertains. (c) No sign shall be located less than 5 feet from any side property line . 8-A-1-14 Signs at Automobile Service Stations. 111 8-A-1-14 . 1 In General . The regulations provided in this Article apply to automobile service stations regardless of the zoning district in which they are located and, except as specifically modified herein, shall be in addition to general regulations provided elsewhere in this Article. 8-A-1-14 . 2 Functional and Structural signs at automobile service stations . (a) Only the following functional types of signs 0 are permitted on zoning lots with automobile service r- stations : ( 1) Identification signs . C (2) Temporary signs. (3) Directional signs . (4) Business signs . (5) Real estate signs . (6) Political signs . (b) Only the following structural types of signs are permitted on zoning lots within automobile service stations : (1) Free-standing signs . (2) Projecting signs . ( 3) Wall signs. ' 8-A-1-14 . 3 Number and size of signs at automobile service stations. (a) Only the following number of signs are per- mitted on any one zoning lot with an automobile ser- vice station: (1) Two wall signs plus one directional wall sign of not more than six square feet each for each service bay doorway. (2) One free-standing sign per establish- ment . • (3) Two projecting signs per establishment. (4) One portable sign, not exceeding 12 square feet in area, indicating commodity prices per establishment. (5) One directional sign per driveway en- trance, in addition to the directional signs permitted above, provided that at least 75 per cent of the area of each sign is free of adver- tising material. (6) Temporary signs as provided below. (b) The following maximum sizes of signs are established for zoning lots with automobile service stations : (1) The area of wall :211-7111/11:11 igns shall not ex- ' ceed three square feet for each lineal foot of building frontage , or 75 square feet plus two square feet of sign area for each one foot of building frontage over 25 lineal feet, however, the total area of all signs shall not exceed 200 square feet, except, however, within the H-1 Historic District wall signs shall not exceed a maximum of 100 square feet. (2) Free-standing signs shall not exceed one square foot of sign area for each four lineal feet of lot frontage, however , the area of free- standing signs shall not exceed 50 square feet. 21-3 MINUTES OF MARCH 14 , 1979 MEETING. (3) Projecting signs shall not exceed three square feet in area. (4) Temporary signs shall not exceed 18, square feet in area. ( 5) Directional signs shall not exceed three square feet in area. 8-A-1-14 . 4 Temporary signs . Up to four temporary signs securely affixed to a permanent sign structure or building shall be permitted on each zoning lot with an auto- mobile service station for not more than 14 days in any 90 day period. 8-A-1-14 . 5 Identification signs. (a) One identification sign of up to two square feet displaying the name and address of the establish- ment and attached flat against the building to which it pertains shall be permitted at each automobile service station. (b) Oil company identification signs affixed flat against the pumps and not exceeding two square feet shall be permitted on two sides of each pump at automobile service stations. 8-A-1-14 . 6 Setback and projection of signs at automobile ser- N vice stations . On zoning lots with gasoline service stations : (a) No part of a free-standing sign shall be within 5 feet of a street right-of-way or within 20 feet of the intersection of corner front property lines, except directional signs permitted in Section 8-A-1-14 . 2 (a) (3) above ,which shall be permitted with- in five feet of the street right-of-way if such di- rectional signs do not exceed two and one-half feet in height. (b) No sign shall be located' less than 5 feet from any side property line . (c) Wall signs shall be set back from street rights-of-way a distance not less than the required setback for buildings or attached flat against an existing building to which it pertains . 8-A-1-15 Signs in Residential Districts. 8-A-1-15. 1 Functional and structural signs in "R" districts. (a) The following functional types of signs are permitted in residential zoning districts. (1) Bulletin boards . (2) Construction signs . • (3) Directional signs . (4) Identification signs. (5) Real estate signs . (6) Temporary signs. (b) The following structural types of signs are permitted in residential zoning districts: (1) Free-standing signs . (2) Wall signs . 8-A-1-15. 2 Number and size of signs in "R" Districts. (a) The following number of signs are per- mitted in residential zoning districts : (1) On all zoning lots , one sign is permitted. (2) Additional signs as permitted herein. (b) The maximum size of signs permitted in residential zoning districts shall be as follows : (1) Identification signs, two square feet. (2) Directional signs , one square foot. (3) Bulletin boards , 27 square feet in area. P121 4 MINUTES OF MARCH 14 , 1979 MEETING. 294 (4) All other signs, six square feet, except when the frontage of the lot exceeds 50 lineal feet, the area of the sign may be increased by one square foot for each addi- tional 20 feet of lineal frontage to a maxi- mum sign area of 16 square feet. (5) These general provisions may be varied by specific provisions herein. 8-A-1-15. 3 Setback of signs in "R" districts . All signs in residential zoning districts shall be set back from the front lot line at least 5 feet . 8-A-1-15. 4 Multi-family project identification signs. Multi- family project identification signs in residential zoning districts shall be permitted as follows : (a) One sign may be situated at the principal entrance to the facility. (b) The height of the sign may not exceed 20 feet. (c) The area of the sign may not exceed 12 square feet. 'P (d) Signs must be set back at least 5 feet from 0 the street right-of-way line. 8-A-1-15. 5 Construction, subdivision identification, directional a. and model home signs. Signs relative to the construc- tion, sale and rental during construction of houses in subdivisions and apartment projects are permitted as follows in residential zoning districts : (a) Not more than four construction signs are permitted while construction is in progress . The area of construction signs shall not exceed 12 square feet . (b) One subdivision identification sign may be erected and maintained for not more than two years at the principal entrance to a subdivision under construction. Such subdivision identification sign shall be set back at least 5 feet from any street right-of-way, may not exceed 12 feet in height or exceed 16 square feet in area. Upon completion of the subdivision, one permanent sign having the same setback and of the same size as permitted above may be erected and maintained. (c) Two directional signs for subdivisions may be erected and maintained on land not owned by the subdivider for not more than two years with written permission of the landowner. Such signs shall be limited to a combined total of 16 square feet . (d) One model home identification sign of not more than four square feet may be erected and main- tained at each model home, and further, one sign of up to 16 square feet may also be erected and main- tained. 8-A-1-15. 6 Illumination of signs in "R" districts . Only bulle- tin boards , subdivision identification, directional and identification signs and model home identification signs may be illuminated in residential zoning dis- tricts . No such signs may be illuminated when sales or rental activities will not occur thereafter within 72 hours . 8-A=.1=1517 "Temporary signs in "R" districts . Temporary signs of up to three square feet in area are permitted in residential districts for not more than 14 days in any 90 day period. 8-A-1-16 Signs in "MC" Districts . 8-A-1-16 . 1 Functional and structural signs in "MC" districts. (a) The following functional types of signs are permitted in "MC" zoning districts: r 29`5 MINUTES OF MARCH 14 , 1979 MEETING. (1) Bulletin boards . (2) Business signs. (3) Construction signs. (4) Identification signs. (5) Directional signs. (6) Real estate signs . (b) The following structural types of signs are permitted in "MC" zoning districts : (1) Free-standing signs. (2) Projecting signs . (3) Wall signs . 8-A-1-16 . 2 Number and size of signs in "MC" districts. (a) The following number of signs are per- mitted in "MC" zoning districts : (1) Two signs per establishment, except as provided herein, but not more than one free- standing or one projecting sign per 'zoning lot. (2) Additional signs as permitted in this Article. (b) The following maximum area of signs are permitted in the "MC" zoning districts : (1) Bulletin boards 27 square feet in area. 117 itt (2) Identification signs 30 square feet C1 in area. (3) Directional signs two square feet in ;z. area. (4) All other signs, six square feet in area except when the frontage of the lot ex- ceeds 50 lineal feet, the area of the sign may be increased by one square foot for each addi- tional 20 feet of frontage up to a maximum sign area of 16 square feet. (5) These general provisions may be varied by specific provisions in this Article. 8-A-1-16 . 3 Setback of signs and projecting signs in "MC" districts. Signs in "MC" districts shall be placed in conformance to the following : (a) No part of a free-standing sign shall be within ten feet of a street right-of-way. (b) No part of a free-standing sign shall be within 5 feet of the intersection of corner front property lines . (c) No part of a projecting sign shall pro- ject more than 18 inches horizontally from the building. 8-A-1-17 Signs in Business Districts . 8-A-1-17 . 1 Functional and structural signs in business districts. (a) The following functional types of signs are permitted in business zoning districts : (1) Bulletin boards . (2) Business signs . (3) Construction signs . (4) Identification signs. (5) Directional signs . (6) Political signs . (7) Real estate signs . (8) Temporary signs. (b) The following structural types of signs are permitted in business zoning districts : (1) Awning signs. (2) Canopy signs. (3) Free-standing signs. (4) Marquee signs . (5) Projecting signs . (6) Wall signs. XX2XaXix MINUTES OF MARCH 14 , 1979 MEETING . 296 8-A-1-17 . 2 Number and size of signs in business districts . (a) The following number of signs are per- mitted for any one establishment in business zon- ing districts : (1) Two signs per business, except as provided herein, but not more than one free- standing or one projecting sign per zoning lot. (2) Businesses which are conducted par- tially or wholly outside of buildings may have up to four directional, business or tem- ' porary signs in area of not more than three square feet each . (3) Shopping centers, which as used here- in means a zoning lot of at least two acres occupied by a group of five or more establish- ments forming a central retail and service market, may display one free-standing sign advertising only the name, ownership and lo- cation of the center and the name and type of business of each occupant within the center. A shopping center ' s free-standing sign as de- VP fined herein may have an area of one square Qfoot of sign area per each two lineal feet of sa the zoning lot frontage with a maximum of 100 square feet . The sign shall be located not Cj less than 5 feet from any right-of-way nor be more than 30 feet in height. (4) Additional signs as provided in this Article. (b) The following maximum size of signs are permitted in business zoning districts: (1) Signs that face an adjoining resi- dential zoning district shall not exceed 12 square feet in area, unless set back more than 100 feet from that district or are of a type of sign under the rules relative to residen- tial districts, in which cases they shall not exceed the requirements for sign area set forth below. No sign facing an adjoining residential zoning district shall have a visible light source or be illuminated between the hours of 11 : 00 p.m. and 8 : 00 aim. the following day. (2) Bulletin boards shall not exceed 27 square feet in area. (3) Free-standing signs shall not exceed one square foot of sign area for each four lin- eal feet of lot frontage, however, the total area of free-standing signs shall not exceed 50 square feet except those permitted in (a) (3) above which shall not exceed 100 square feet. (4) Awning, canopy and marquee signs shall not exceed in area the area of the awn- ing, canopy or marquee to which they are mounted. (5) Directional signs shall not exceed three square feet in area except as provided herein. (6) Temporary signs shall not exceed 12 square feet in area. (7) The area of wall and projecting type business, construction, identification and real estate signs shall not exceed the following lim- its : (aa) On buildings with 25 lineal feet or less building frontage , such signs shall not exceed two square feet for each one lineal foot of building frontage. (bb) On buildings of over 25 lineal feet of building frontage, such signs shall not exceed 50 square feet for the first 25 lineal feet of building frontage plus two square feet for each one lineal foot of building frontage up to a maximum of 100 square feet of sign area. 297 MINUTES OF MARCH 14 , 1979 MEETING. 8-A-1-17 . 3 Setback and projection of signs in business districts. In business zoning districts: (a) No part of a free-standing sign shall be within 5 feet of a street right-of-way. (b) No part of a free-standing sign shall be within 5 feet of the intersection of corner front property lines. (c) Projecting signs shall not project more than six feet and not into street rights-of-way. (d) Marquee, awning or canopy signs shall be x—IIan integral part of the structure and shall not ex-- II tend beyond the limitation for projecting signs. (e) Wall signs shall be set back from street rights-of-way a distance not less than the required setback for buildings , or attached flat against an existing building to which it pertains . 8-A-1-17 . 4 Temporary Signs . Temporary signs in commercial zon- ing districts shall not be displayed at any one es- tablishment for more than 14 days in any 90 day per- iod. 8-A-1-18 Signs in Industrial Districts. 1. 8-A-1-18 . 1 Functional and structural signs in industrial zoning C4 districts. (a) The following functional types of signs %i- are permitted in industrial zoning districts : ,v. (1) Bulletin boards. (2) Business signs. (3) Identification signs . ( 4) Directional signs. (5) Construction signs. (6) Political signs. (7) Real estate signs . (8) Temporary signs . (b) The following structural types of signs are permitted in industrial zoning districts: (1) Awning signs . (2) Canopy signs . ( 3) Free-standing signs. (4) Marquee signs . (5) Projecting signs. (6) Wall signs. 8-A-1-18 . 2 Number and size of signs in Industrial Districts. (a) The following functional types of signs are permitted in industrial zoning districts: (1) Two signs per industry, except as provided herein, but not more than one free- standing or one projecting sign per zoning lot. ( 2) Industrial establishments which con- duct part or all of their business outside of buildings may have up to four directional, business or temporary signs in total of not more than six square feet each. (3) In addition to the signs permitted herein, industrial parks, which as used herein means a zoning lot of at least three acres oc- cupied by a group of four or more industrial establishments, may display one free-standing sign advertising only the name, ownership and location of the park and the name and type .of industrial use of each occupant of the park, and in area not more than ten square feet per establishment or 60 square feet, whichever is less, nor placed less than. 5 feet from any street • right-of-way, nor more than 30 feet in height . (4) Additional signs as provided in this Article. X2 X- MINUTES OF MARCH 14 , 1979 MEETING. 298 (b) The following maximum size of signs are permitted in industrial zoning districts : (1) Bulletin boards shall not exceed 27 square feet . (2) Free-standing signs shall not exceed one square foot of sign area for each four lineal feet of lot frontage, however, the total area of free-standing signs shall not exceed 70 square feet. (3) Awning, canopy and marquee signs shall not exceed in area the area of the awn- ing, canopy or marquee to which they are mounted. (4) Directional signs shall not exceed three square feet in total area, except as herein provided. (5) Temporary signs shall not exceed 12 square feet in area. (6) The area of wall and projecting type business, construction, identification and real estate signs shall not exceed the follow- ing limits : Q (aa) On buildings of 25 lineal feet rl or less building frontage, such signs shall not exceed three square feet for Q each one lineal foot of building frontage. (bb) On buildings of over 25 feet of building frontage, such signs shall not exceed 75 square feet for the first 25 lineal feet of building frontage plus two square feet for each one lineal foot of building frontage up to a maximum of 200 square feet of sign area. (cc) On all buildings set back fur- ther from the minimum zoning setback line, the area of such signs may be increased one square foot for each six lineal feet the sign is set back from the minimum zoning setback line notwithstanding the maximums provided in (aa) and (bb) above. 8-A-1-18 . 3 Setback and projection of signs in Industrial Districts . In industrial zoning districts : (a) No part of a free-standing sign shall be within 5 feet of a right-of-way. (b) No part of a free-standing sign shall be within 5 feet of the intersection of corner front property lines. (c) No sign shall be located less than 5 feet from any property lines. (d) Projecting signs shall not project more than six feet and not into street rights-of-way. (e) Marquee, awning or canopy signs shall be an integral part of the structure and shall not ex- tend beyond the limitation for projecting signs. (f) Wall signs shall be set back from street rights-of-way a distance not less than the required setback for building, or attached flat against an ex- isting building to which it pertains. ' 8-A-1-18 . 4 Temporary Signs. Temporary signs in industrial zon- ing districts shall not be displayed at any one es- tablishment for more than 14 days in any 90 day period. SECTION VI. This ordinance shall be in effect upon its pas- sage. Mrs. Hill commented that no-one came to the public hearings held by the Planning Commission and the Council and the Planning Commission has passed it unanimously. It changes the sizes of some signs - in the Historic District they shall be a little smaller. This will MINUTES OF MARCH 14 , 1979 MEETING. !N9 prevent us from looking like Fairfax or Manassas. We are getting more businesses and more signs and this is an attempt to make us look nice. The ordinance was unanimously adopted: Aye : Councilmembers Herrell, D. Hill, M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None . 79-0-5 - ORDINANCE - AMENDING SECTIONS 15-14 AND 19-23 OF THE ' TOWN CODE. On motion of Mr. Hill, seconded by Mr. Tolbert, the following ordinance was proposed: ORDAINED by the Council for the Town of Leesburg, Vir- ginia, as follows : SECTION I . Sections 15-14 and 19-23 of the Town Code are amended to read as follows : Sec. 15-14 . Availability charge for sewer service. (a) Before any person connects with or discharges sewage into the town sewer system or extends sewer use on any premises to any additional dwelling, commercial or industrial use, a sewer service availability fee shall N be paid in amounts provided below in addition to fees pre- scribed in Sections 15-12 and 15-13 . :Z+ (b) The sewer connection and sewer service availability fees shall be paid prior to the issuance of a zoning permit or, where no zoning permit is required, before extension of sewer service to any new or additional use on the premises. The manager shall discontinue sewer service to premises for which the fees required in this Article remain unpaid for ten days from the date of notice of the amount of such fees to the owner. (c) The abandonment or discontinuance of a sewer sys- tem or the reduction of sewer system use does not entitle any person to refund of fees paid . (d) The fees provided in this section shall not apply to single family dwellings existing within the town on June 10 , 1970 and which are continued in single family resi- dential use after connection to the sewer system. (e) The fees provided in this section shall be reduced by $1, 750 . 00 for lots of record for which a connection fee was paid prior to June 10 , 1970 . (f) Sewer service availability fees for residential uses shall be as follows : Discharge Facility Fee One bedroom dwelling $1, 155 . 00 each Two bedroom dwelling $1 ,452 . 00 each Three or more bedroom dwelling $1 , 750 . 00 each Mobile home $1 , 452 . 00 each (g) Sewer service ,availability fees for non-residential uses shall be $1 , 750 . 00 or more depending on the estimated sewage flow and required treatment characteristics from the user as compared to the sewage flow and required treatment characteristics from the average single family dwelling. Fees shall be calculated as follows: X �XX MINUTES OF MARCH 14 , 1979 MEETING. 300 Discharge Facility Fee Fire station $1 , 750. 00 each Post Office $1 , 750 . 00 each Veterinarian $1 , 750 . 00 each All other non-industrial uses $1 , 750 . 00 or an amount equal to the estimated sewage flow from the user in gallons per day divided by 200 and multi- plied by $1, 750 . 00, which- ever is greater All industrial uses The greater of $1 , 750 . 00 or an amount equal to the estimated sewage flow from the user in gallons per day di- vided by 200 and multiplied by $1, 750 . 00 , plus an additional charge in proportion to the excess biochemir cal oxygen demand, suspended solids or other pollutant discharge of the user above the average pollutant dis- charge of residential users on the a system � (h) Fees shall be determined by the manager based on accepted engineering standards for sewage discharge. The Council shall hear and decide appeals from determinations of fees by the manager. (i) If any person enlarges a structure, extends the use of the town sewer system to any new or additional use on a premises, or changes the use of a premises to require additional sewer service capacity, an availability fee, as determined in paragraph (g) above shall be paid for the ad- ditional use whether or not a new or enlarged connection is required. Sec. 19-23 . Availability charges for water service. (a) Before any person connects with or withdraws water from the town water system or extends water use on any premises to any additional dwelling, commercial or indus- trial use, a water service availability fee shall be paid in amounts provided below in addition to fees prescribed in Sections 19-21 and 19-22 . (b) The water connection and water service availability fees shall be paid prior to the issuance of a zoning permit or, where no zoning permit is required, before extension of water service to any new or additional use on the premises . The manager shall discontinue water service to premises for which the fees required in this Article remain unpaid for ten days from the date of notice of the amount of such fees to the owner. (c) The abandonment or discontinuance of a water system or the reduction of water system use does not entitle any per- son to refund of fees paid. (d) The fees provided in this section shall not apply to single family dwellings existing within the town on June 10 , 1970 and which are continued in single family residential use after connection to the water system. (e) -The fees provided in this section .shall 'be reduced by $1, 750 . 00 for lots of record for which a connection fee was paid prior to June 10 , 1970 . (f) Water system availability fees for residential uses shall be as follows: Use Fee One bedroom dwelling $1 , 155 . 00 each Two bedroom dwelling $1 , 452 . 00 each Three or more bedroom dwelling $1 , 750 . 00 each Mobile home $1 , 452. 00 each 01 MINUTES OF MARCH 14 , 1979 MEETING. (g) Water service availability fees for non-residential uses shall be $1, 750 . 00 or more depending on the estimated water flow to the average single family dwelling. Fees shall be calculated as follows : Use Fee Fire station $1, 750 . 00 each Post Office $1, 750 . 00 each Veterinarian $11750 . 00 each All other uses $1, 750 . 00 or an amount equal to the esti- !' mated water flow to the user in gallons per day divided by 200 and multiplied by $1 , 750 . 00 , which- ever is greater (h) Fees shall be determined by the manager based on ac- cepted engineering standards for water supply. The Council shall hear and decide appeals from determinations of fees by the manager. kit et (i) If any person enlarges a structure, extends the nj use of the town water system to any new or additional use on a premises, or changes the use of a premises to require additional water service capacity, an availability fee as C determined in paragraph (g) above shall be paid for the ad- ditional use whether or not a new or enlarged connection is required. SECTION II . This ordinance shall be in effect upon its passage. Mr. Hill said this was recommended in our most recent rate study in connection with the Potomac River water treatment plant and he con- curs with it . Expansion of our water system and the future correc- tion and expansion of our sewage system is necessary for growth and for newcomers, so this should be included in the cost of newcomers . moving into town. A recent check on the costs in the County for drilling a well and installing a sanitary system was $5, 000 at a minimum and if everything was successful . Once this fee is paid it is over and done with. Inflation has set in and this is the first increase in availability fees since their inception in 1972 or 1973 . He felt the capital cost of this project can be accommodated here ' rather than in the water and sewer rates . The cost should be paid by the developer . Mr. Murray asked if these rates have been com- pared with other nearby localities? Mr. Niccolls said Fairfax is now $3, 150 and Manassas is $2 , 700 - the localities contacted all asked that we send them any change in rates - they are trying to increase theirs. This is a $900 . 00 increase for both -water and sewer fees and would make our rate $3 , 500 . 00 for both. Mayor Rol- lins was. concerned about the ordinance as it is written. He did not think there needs to be any increase in the water and sewer rates to finance the increase in water and sewage facilities . If any increase in revenues is needed, then it should come from this source rather than from the rates . It should come from those people who develop and move into Leesburg - it should not be paid for by the present residents . He questioned the timing of this ordinance " because (1) we don 't know at this point what the cost will be to con- struct the Potomac River water facility and (2) we don 't know what the interest rate will be on the bonds. The rate study was based on six percent, but he anticipated that the bonds would be sold - for something less than that. Therefore, he felt it would be more fea- sible to wait and see what the actual cost is going to be - then if additional revenue is needed, the appropriate time 'for such an increase would be at the beginning of the fiscal year. Mayor Rol- lins also felt that perhaps it would be better to have a uniform rate for all residences, irregardless of size: Why penalize the larger home-owner - his additional money would be reflected in the use of additional water and sewer . He did not necessarily agree that the fees should be specifically set for fire station, Post Office and veterinarian and not for others. He also was not in favor of the Town Manager ' s office setting the availability fee - this issue should be set by ordinance. Should this not be a fee X X MINUTES OF MARCH 14 , 1979 MEETING. 302 certain or a discretionary matter? Concerning "industrial wastes, " they will either have to be treated with the present sewage treat- ment plant or greatly change the concept of the plant. Can we charge extra for this when we do not have the proper facilities to treat such wastes? Mr. Niccolls said we are required by regu- lation to require pre-treatment of any wastes that we cannot treat. Concerning the specific facilities, when this ordinance was first instigated some months ago, the different types of users were set out in detail , but this presented a definition problem. There is built into the ordinance the mechanism to appeal the manager ' s de- termination. He pointed out that the concept of this ordinance is that the more demand placed on the systems, the higher the availa- bility fees will be. Conversely, if your burden into the system is less than for a typical home, it should be less. Mr. Niccolls said the only reason for considering this ordinance before the sale of the bonds is that it may have a favorable impact on the bond sale by showing that the Town is prepared to raise the reve- nue it takes to support the bond issue. Mayor Rollins asked for a comparison of present rate for a commercial establishment to the proposed rate - K-Mart as an example. Mr. Niccolls explained in detail the circumstances at the time K-Mart applied for utilities. They actually paid $4 , 150 - under the proposed ordinance they would VP have paid $21, 000 . Mr. Hill further explained that the fee should 0 not be based on what their daily usage would be, but on what it would be in case of a fire - we have to be prepared for such an emergency. He felt that this ordinance is a very reasonable and O equitable way - it should be based on demand and the capacity that will be taken out of the plant . Mr. Murray felt that the timing is now and it did not bother him that we would be $350 higher than Fairfax. Indications are that developers are anxious to come here and they should know that they are going to have to pay for the use of the systems. It is better to raise these fees now and perhaps be able to reduce them later. Commercial develop- ment, such as K-Mart is the type of thing we want - it brings in sales tax, real estate and personal property taxes. He did not think they should be over-taxed - otherwise, they might decide to build somewhere else. Mayor Rollins asked what would be used as a basis for fees for the proposed elementary school to be built soon? Mr. Niccolls said this would come under non-residential uses . They would take an average of the elementary schools per student and figure it from this . It would be the base fee times the number of multiples, as described in paragraph (g) under Sec . 19-23 . It would probably be a larger fee than under the old ordi- nance. However, they purchased their taps soon after Council ap- proved the connections to that particular tract. Mayor Rollins asked, as another example, what would be the availability status of Mrs. Gochenour on Anne Street? She has moved her business, a beauty shop, into her home. There were varied opinions on this, with a general consensus that this does "change the use. " How- ever, Mr. Niccolls felt he could not administer the phrase in Section (i) of each section of the ordinance - "or changes the use of a premises to require additional water service capacity" - he suggested that this phrase be eliminated from the ordinance. Mayor Rollins suggested referring the ordinance back to the Fi- nance and Administration Committee for the changes discussed to- night. However, Mr. Herrell and Mr. Murray were in favor of mak- ing the above amendment and voting on the ordinance tonight. Mr. Hill could see nothing wrong with the paragraph as written - if more capacity is being taken out of the plant, the user should pay for it in availability fees. Mr. Herrell asked what would be intended then on the properties on East Loudoun Street that were just rezoned? Mr. Hill felt they would be assessed as the use is changed. Mayor Rollins did not agree with this. • On motion of Mayor Rollins , seconded by Mr. Tolbert, it was moved to re-refer this back to the Finance and Administration Com- mittee for the changes discussed tonight. A roll call vote de- feated the motion 4 to 2 : Aye: Mayor Rollins and Councilmember Tolbert. Nay: Councilmembers Herrell , D. Hill , M. Hill and Murray. On motion of Mr. Murray, seconded by Mrs . Hill , Council voted 5 to 1 to amend the ordinance by striking from paragraph (i) on page 2 the following: "or changes the use of a premises to require it n MINUTES OF MARCH 14 , 1979 MEETING additional sewer service capacity, " and from paragraph (i) , _ page 3 , the following : "or changes the use of a premises to require addi- tional water service capacity" ; also insert the word "or" after the word "structure" in the first line of the above paragraphs . Mr. Niccolls emphasized that this applies only to "non-residential" extensions or enlargements . Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray and Tolbert. Nay: Mayor Rollins. The ordinance, as amended, was adopted by a roll call vote of 5 to 1 and reads as follows : ORDAINED by the Council for the Town of Leesburg, Virginia, as follows : SECTION I . Sections 15-14 and 19-23 of the Town Code are amended to read as follows : Sec . 15-14 . Availability charge for sewer service. (a) Before any person connects with or discharges sewage into the town sewer system or extends sewer use on '- any premises to any additional dwelling, commercial or in- Ct dustrial use, a sewer service availability fee shall be 04 paid in amounts provided below in addition to fees pre- scribed in Sections 15-12 and 15-13 . C (b) The sewer connection and sewer service availability fees shall be paid prior to the issuance of a zoning permit or, where no zoning permit is required, before extension of sewer service to any new or additional use on the premises. The manager shall discontinue sewer service to premises for which the fees required in this Article remain unpaid for ten days from the date of notice of the amount of such fees to the owner. (c) The abandonment or discontinuance of a sewer system or the reduction of sewer system use does not entitle any person to refund of fees paid. (d) The fees provided in this section shall not apply to single family dwellings existing within the town on June 10 , 1970 and which are continued in single family residential use after connection to the sewer system. (e) The fees provided in this section shall be reduced by $1, 750 . 00 for lots of record for which a connection fee was paid prior to June 10 , 1970. (f) Sewer service availability fees for residential uses shall be as follows : Discharge Facility Fee One bedroom dwelling $1, 155. 00 each Two bedroom dwelling $1, 452 . 00 each Three or more bedroom dwelling $1, 750 . 00 each Mobile home $1, 452 . 00 each (g) Sewer service availability fees for non-residential uses shall be $1 , 750 . 00 or more depending on the estimated sewage flow and required treatment characteristics from the user as compared to the sewage flow and required treatment characteristics from the average single family dwelling. Fees shall be calculated as follows : Discharge Facility Fee Fire station $1 , 750 . 00 each Post Office $1 , 750 . 00 each Veterinarian $1, 750 . 00 each MINUTES OF MARCH 14 , 1979 MEETING. 304 Discharge Facility Fee All other non-industrial uses $1 , 750. 00 or an amount equal to the estimated sewage flow from the user in gallons per day di- vided by 200 and multiplied by $1 , 750 . 00 , whichever is greater All industrial uses The greater of $1, 750 . 00 or an amount equal to the estimated sew- age flow from the user in gallons per day divided by 200 and multi- ' plied by $1 , 750 . 00 , plus an addi- tional charge in proportion to the excess biochemical oxygen de- mand, suspended solids or other pollutant discharge of the user above the average pollutant dis- charge of residential users on the system (h) Fees shall be determined by the manager based on tr accepted engineering standards for sewage discharge. The C) Council shall hear and decide appeals from determinations of fees by the manager. (i) If any person enlarges a structure or extends the use of the town sewer system to any new or additional use on a premises, an availability fee as determined in paragraph (g) above shall be paid for the additional use whether or not a new or enlarged connection is required. Sec. 19-23. Availability charges for water service. (a) Before any person connects with or withdraws water from the town water system or extends water use on any premises to any dwelling, commercial or industrial use, a water service availability fee shall be paid in amounts pro- vided below in addition to fees prescribed in Sections 19-21 and 19-22 .22 . (b) The water connection and water service availability fees shall be paid prior to the issuance of a zoning permit or, where no zoning permit is required, before extension of water service to any new or additional use on the premises. The manager shall discontinue water service to premises for which the fees required in this Article remain unpaid for ten days from the date of notice of the amount of such fees to the owner. (c) The abandonment or discontinuance of a water system or the reduction of water system use does not entitle any per- son to refund of fees paid. (d) The fees provided in this section shall not apply to single family dwellings existing within the town on June 10, 1970 and which are continued in single family residential use after connection to the water system. (e) The fees provided in this section shall be reduced by $1 , 750 . 00 for lots of record for which a connection fee was paid prior to June 10, 1970 . (f) Water system availability fees for residential uses shall be as follows: Use Fee One bedroom dwelling $1 , 155. 00 each Two bedroom dwelling $1 , 452 . 00 each Three or more bedroom dwelling $1 , 750 . 00 each Mobile home $1 , 452 . 00 each ,3 0 5- MINUTES OF MARCH 14 , 1979 MEETING. (g) Water service availability fees for non-residential uses shall be $1, 750 . 00 or more depending on the estimated water flow to the user as compared to the water flow to the average single family dwelling. Fees shall be calculated as follows : Use Fee Fire station $1 , 750 . 00 each Post Office $1 , 750 . 00 each Veterinarian $1, 750 . 00 each All other uses $1 , 750 . 00 or an amount equal to the esti- mated water flow to the user in gallons per day divided by 200 and multiplied by $1 , 750 . 00 , whichever is greater (h) Fees shall be determined by the manager based on accepted engineering standards for water supply . The Council shall hear and decide appeals from determinations of fees by the manager. (i) If any person enlarges a structure or extends the use of the town water system to any new or additional use on a premises, an availability fee as determined in paragraph (g) above shall be paid for the additional use whether or not a new or enlarged connection is required. et C'1/4.1 SECTION II . This ordinance shall be in effect upon its passage. Aye: Councilmembers Herrell , D. Hill, M. Hill , Murray and Tolbert . Nay: Mayor Rollins. 79-36 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PER- FORMANCE BOND TO GUARANTEE INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR CATOCTIN CIRCLE INDUS- TRIAL PARK. On motion of Mr. Murray, seconded by Mrs. Hill , the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The town manager is authorized and directed to execute the standard agreement (P .C. 2) for public improve- ments for Catoctin Circle Industrial Park. SECTION II. The performance bond of SRL Properties , Inc. , a Maryland corporation, with S . Ross Lipscomb as surety thereon, in the amount of $102 , 546 . 00 , to guarantee in- stallation of public improvements for Catoctin Circle In- dustrial Park in accordance with plans approved by the director of engineering, is approved, conditioned upon recordation of a deed of trust between SRL Properties, Inc . to George M. Martin, Trustee, on Lots 1, 2 and 3 , Catoctin Circle Industrial Subdivision , which trust shall secure the terms, conditions, covenants and payment to the Town of Leesburg as set forth in said performance bond. SECTION III. The developer shall submit a title certificate that such deed of trust is a first lien on said lots. SECTION IV. The performance bond, the deed of trust and title certificate shall be subject to review and approval by the Town Attorney . SECTION V. Extension of municipal water and sewer works for this subdivision is approved. X W MINUTES OF MARCH 14 , 1979 MEETING . 306 Mr. Charles Ottinger, attorney , explained that it is planned to develop and sell lots in this park - Lowe ' s is already on a por- tion of the property. The lots will be anywhere from 10 , 000 square feet to 16 , 000 or 17 , 000 square feet. There are no specific plans for what might be located here. The $102 , 546 . 00 is 50 percent more than the estimated cost of improvements . $68 , 000 will be used for a dedicated street, a cul-de-sac, curb and gutter and sidewalk . He exhibited the plans to Council and explained them. Mr. Martin has approved this . This is a performance bond secured by a deed of trust. It is also an effective way to hold down costs for the developer. The resolution was unanimously adopted: Aye: Councilmembers Herrell , D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins. Nay : None . 79-37 - RESOLUTION - ACCEPTING A DEED OF EASEMENT FROM CONSOLIDATED DAIRY FARMS , INC. FOR WATER WORKS IMPROVEMENTS . On motion of Mr. Murray, seconded by Mr. Tolbert, the follow- ing resolution was proposed: VP RESOLVED by the Council of the Town of Leesburg, Virginia, 0 as follows : The deed of easement made the 22nd day of February, 1979 , by and between Consolidated Dairy Farms , Inc . , and the Town of Leesburg for construction, reconstruction, mainte- nance, replacement or repair, use and inspection, of water main or mains, including the necessary appurtenances over, across, through and under the land of the grantor, and for a temporary construction easement, contiguous to the permar nent easement during the original installation of the water main for any and all purposes related thereto, and for a right of access between town Evergreen Mill Well Nos. 2 and 3, is hereby accepted, and the mayor is hereby author- ' ized to acknowledge the same on behalf of the town. Mr. Hill asked if we are retaining the lot on which Well No. 1 was located? Mr. Niccolls said that lot was never purchased, that was the muddy well . Mr. Hill asked if we are passing up a potential spot? Mr. Murray felt this would be a waste of tax- payers ' money. Mr. Niccolls said he would prefer to move away from that particular site, but, with going to the Potomac for water, we should not need another site. He said these owners are very cooperative - they have charged us nothing for the ease- ment all the way around their property. Mr. Murray pointed out these wells could mean a lot for their own development if we go to the Potomac and no longer need them. The resolution was unani- mously adopted: Aye: Councilmembers Herrell , D. Hill , M. Hill, Murray, Tolbert and Mayor Rollins . Nay: None. 79-38 - RESOLUTION - ENDORSING KEEP LOUDOUN BEAUTIFUL' S ANNUAL SPRING CLEAN-UP . On motion of Mr. Herrell , seconded by Mr. Tolbert, the fol- lowing resolution was proposed and unanimously adopted: WHEREAS Keep Loudoun Beautiful ' s annual spring clean-up will be held March 31 through April 15, 1979; and WHEREAS, past efforts by many individuals , organizations,etc . have contributed to the success of Keep Loudoun Beautiful ' s project within the Town of Leesburg. THEREFORE, RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I . The Town Council endorses Keep Loudoun Beauti- ful ' s spring clean-up from March 31 to April 15, 1979 . MINUTES OF MARCH 14 , 1979 MEETING. ` 0 i SECTION II. The Town Council urges its citizens, busi- nesses, organizations, clubs and governmental groups to join in this project by cleaning up their own premises and placing discarded items at the curb for regular trash pick- up during this particular time. Aye: Councilmembers Herrell, D. Hill , M. Hill, Murray, Tolbert, and Mayor Rollins. Nay: None . Mrs. Michael Grenata, Chairman for this year ' s project, ex- pressed her appreciation for the cooperation of the Town Council . 79-39 - RESOLUTION - AUTHORIZING THE SALE OF SURPLUS VEHICLES AND EQUIPMENT . On motion of Mr. Herrell , seconded by Mrs. Hill , the follow- ing resolution was proposed : RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : SECTION I. The manager is authorized and directed to dis- pose of the surplus vehicles and equipment listed in a memo- ir' randum to the Council dated March 5 , 1979 , by way of public auction to be held on March 30 , 1979 . eg E" SECTION II . A public notice advertising the sale of the surplus vehicles shall be published in the March 22 and March 29 issues of the Loudoun Times-Mirror. This sale will be held at the Town Shop. Mrs. Hillis donating:.a sofa'_bedt.for-.this sale, the proceeds, to be used for cost of pictures in the Council Chambers. The resolution was unanimously adopted: Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins. Nay : None. 79-40 - RESOLUTION - MAKING AN APPROPRIATION FOR FISCAL YEAR ENDING JUNE 30 , 1979 . On motion of Mrs . Hill , seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council for the Town of Leesburg, Virginia, as follows : An appropriation is made from the General Fund to Account No. 10210 . 214 , Maintenance of Buildings , Repairs and Alter- ations, in the amount of $4 , 460 . 00 for the fiscal year end- ing June 30 , 1979 . It was pointed out that this is final payment for the Town Office remodeling project. Mayor Rollins suggested that an architect be retained to look at the Council Chambers building and make some suggestions as to what we might do to make it more attractive on the exterior and more in keeping with the remainder of the proper- ties in this block. He will propose a resolution concerning this for the next meeting. The resolution above was unanimously adopted: Aye: Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert. and Mayor Rollins. Nay: None . 79-41 - RESOLUTION - MAKING APPROPRIATIONS TO THE CAPITAL PROJECTS FUND. On motion of Mr. Herrell, seconded by Mr. Tolbert, the follow- ing resolution was proposed: WHEREAS, $5, 000 , 000 in general obligation water bonds and available cash balances in the utility fund will pay the cost of the Potomac River water supply project; and XX XX MINUTES OF MARCH 14 , 1979 MEETING. 308 WHEREAS, a capital project fund shall be established to properly account for all expenditures of the project: THEREFORE, RESOLVED by the Council for the Town of Lees- burg, Virginia, as follows : SECTION I . Previous fiscal year 1979 appropriations from the utility fund to Account No. 20400. 806-A (Design En- gineering) in the amount of $113 , 560 . 00 and Account No. 20400 . 806-B (Rate Study) in the amount of $6 , 500 . 00 are transferred to and shall be recorded in the capital project fund as follows: Account No. and Name Appropriations 70000 . 246 Legal, financial and administration $ 6 , 500 . 00 70000 . 260 Design engineering 113 , 560 . 00 SECTION II. An appropriation is made from the utility fund to the capital project fund, Account No. 70000. 246 , Lega, financial and administration, in the amount of $9 , 000. 00 . CD SECTION III . A transfer of utility fund non-restricted cash to the capital project fund is authorized in the amount of $129 , 060 . 00 . SECTION IV. Appropriations made herein are in effect until completion of the Potomac River water supply proj- ect or until terminated by this Council . Mayor Rollins a ked what this resolution will do? Mr. Niccolls explained that/ ill set up a separate set of accounts to record the expenses of the Potomac River project. Mayor Rollins felt the $113, 560 . 00 and the $6 , 500 . 00 already appropriated from the utility fund should be charged to the bond issue and the utility fund should be reimbursed. Mr. Niccolls said this is basically what will be done. The total project expenditures will exceed the bond issue. Therefore, some cash balances that we have on hand will be put from time to time into the Capital Project fund to supplement the $5, 000 , 000 . The bonds have not been sold yet, so we will be taking the $129 , 060. 00 out of the utility fund and putting it in the special project fund; then we will take the ex- penditures that have already been made or are in the process of being made in the utility fund and show them in this special project fund because that ' s the proper way to do it. Mayor Rol- lins felt the Council would be acting in the dark, no-one here knows what this project is going to cost. Mr . Niccolls explained further, but Mayor Rollins still felt these funds should be charged to the bond issue . Once the $5, 000 , 000 is in hand by the town, the $129 , 060 . 00 should go back into the utility fund, from whence it should not have come except for expediency purposes . If there is an overage, it should be appropriated from the utility fund at that time, which could be two years from now. Mr. Niccolls explained further that we are trying to group all expenditures into this Capital Project fund. In the meantime, we are putting utility fund cash over there until we have the bonds sold. When the bonds are sold, we can put the $129 , 060 . 00 back. This is what Mayor Rollins felt should be done. This is just for bookkeeping ex- pediency. Mayor Rollins said he hoped the bond resolution will be worded so that, if there is any money left, it can be used for other water or sewer work facilities . Mr. Niccolls said the bond ordinance was adopted in late 1977 or early 1978 . The clauses are very genera?l and refer to the water treatment facility and any other water capital improvements. We specifically asked the bond attorneys to be sure that we are free to spend it for transmission mains or anything else that has to be built . Mr. Hill asked what the need is for the additional appropriation of $9 , 000. 00? This is the charge by Municipal Advisors to put to- gether the paper work, the bond attorney fees, the printing of the bonds and for travel in connection with the bond issue. The $6 , 500 . 00 was for the rate study. Mayor Rollins asked how much MINUTES OF MARCH 14 , 1979 MEETING. 0 9 of the $113, 560 . 00 has been spent. Mr. Niccolls thought about $60, 000 . 00 . The resolution was then unanimously adopted: Aye: Councilmembers Herrell, D. Hill, M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None. 79-42 - RESOLUTION - MAKING APPROPRIATIONS FOR THE FISCAL YEAR END- ING JUNE 30 , 1979 . On motion of Mr. Murray, seconded by Mr. Tolbert, the follow- ing resolution was proposed: RESOLVED by the Council of the Town of Leesburg, Virginia, as follows : Appropriations are made from the General Fund to the . • accounts shown below for the fiscal year ending June 30 , 1979 as follows : Account No. and Name Appropriation 4020 . 270 Financial Services $ 1 , 785 . 00 1011 . 201 Office Supplies 400. 00 Tr Mr. Niccolls explained that these are supplemental appro- priations . Yount, Hyde & Co. assisted us in keeping the books straight while we were between Finance Directors . Gerry Parker assisted us tremendously and their charge is very reasonable. The supplies are for the Clerk ' s account . The resolution was unanimously adopted: Aye : Councilmembers Herrell , D. Hill , M. Hill , Murray, Tolbert and Mayor Rollins . Nay: None. Mr. Murray commented that he had seen no advertisement concern- ing the sale of Town tags . Mr. Niccolls said this advertisement has been inadvertently forgotten. It will be advertised in the Lamplighter. On motion of Mr . Tolbert, seconded by Mr. Herrell, Council voted unanimously to adjourn at 9 : 41 P .M. _ Mayor q / ✓ /L� Clerk of the/Council