HomeMy Public PortalAbout1981_02_25 MINUTES OF FEBRUARY 25, 1981 MEETING.
32
Table II
Correction Factors
- - - - -- - Correction
Condition in decibels
01 a site contiguous to or across a street
from the boundary of any R district es-
tablished by this chapter or by the Zon-
ing Ordinance of any other county or
municipality Minus 5
Operation between the hours of 10 : 00 p.m.
and 7 : 00 a.m. Minus 5
Sound of impulsive character (e.g. ,
hammering) Minus 5
SDund of periodic character (e.g. ,
hum or screech) Minus 5
Sound source operated less than :
20% in any one hour period Minus 5*
5% in any one hour period Minus 5*
1% in any one hour period Minus 5*
* Apply only one of these corrections.
All other corrections (including any
one of the footnoted corrections)
are cumulative.
8-B-3 . Vibration.
No vibration that can be detected at the lot line with-
cut the aid of instruments shall be permitted. Vibration
caused by any use on any lot shall not result in an accelera-
tion exceeding 0. 1g nor shall it produce a combination of
amplitudes and frequencies on any building or structure
teyond the "safe" range of Table 7 , United States Bureau
cf Mines Bulletin No. 442 , entitled "Seismic Effects on
( uarry Blasting" . The methods and equations of said Bul-
letin No. 442 shall be used to compute all values for the
enforcement of this subsection.
E -B-4 . Atmospheric contamination.
(a) There shall not be discharged into the atmosphere
, rom any operation on any lot visible gray smoke of a shade
darker than No. 2 on the Ringleman Smoke Chart as published
by the United States Bureau of Mines, except that visible
gray smoke of a shade not darker than 0 . 3 on said chart may
be emitted for not more than four minutes in any period of
thirty minutes. These provisions applicable to visible gray
smoke shall also apply to visible smoke of any other color
but with an equivalent apparent capacity or the requirements
pf the Virginia Air Pollution Act, whichever is greater.
(b) There shall not be discharged into the atmosphere
from any operation on any lot, fly, ash, dust, dirt, fumes,
,iapors or gases to any extent that could result in damage
=o the public health or to animals or vegetation or to other
Forms of property, or which could cause any excessive soiling
at any point; and in no event shall there be any such dis-
charge of solid or liquid particles in concentrations ex-
ceeding 0. 3 grains per cubic foot of the conveying gas or
air, nor of acid gases in excess of 12% by volume. For measure-
ment of the amount of particles in gases resulting from
combustion, standard corrections shall be applied to stack
temperatures of 500 degrees Fahrenheit and fifty. percent ex-
cess air, or the requirements of the Virginia Air Pollution
Act, whichever is greater.
(c) There shall not be discharged or permitted to escape
into the atmosphere from any operation on any lot odorous or
noxious gas or any other odorous or noxious material in such
I
MINUTE . OF FEBRUARY 25, 1981 MEETING.
1 COUNCI MEMBER INQUIRIES AND COMMENTS : 25
M . Bos said the Leesburg Area Management Plan committee grinds
on. T e last couple of sessions have been taken up with establish-
ing goals . One issue on the way to being settled is the sewer area -
it is -ssentially settled that Leesburg will provide the service
over t e next ten years . Mr. Forbes and Mr. Niccolls have been
I very i strumental in preparing the material the County committee
member- wanted. This is a good amount of progress in that area.
Is . Hill said one of the men who flies out of our airport con-
II tacted her today - he feels there is a very dangerous situation there
becaus- there is no-one there to man the radio during the day. Mr .
Niccolls said the Leesburg Airport is an uncontrolled airport - the
pilot is, therefore, responsible for determining the proper direction
for hi_ landing or takeoff by observation of the windsock. In ad-
I ditio , the town through its FBO' s has provided an advisory air
navig. ion service on a radio frequency called UNICOM. With the
offic= closed, due to bankruptcy, that advisory service is not there .
Pilot are still responsible, even under FAA rules, for safe opera-
tion .. their aircraft . He has heard of pilots landing contrary to
the U ICOM direction where they felt that was the safest direction.
N Since: the : UNICOM service is helpful to the pilot, we moved the radio
O which e own from the facility at the center part of the field down
t to Pr.fessional Pilots Associations offices and put up a temporary
anten a and tried to get the UNICOM basically back in service on a
volun.ary basis from Mr. Steve Leckey. Mr. Minor said there may be
Q many occasions, as there was with Century, when there is no-onei.in
Q that office to answer the UNICOM. Mr. Whittle of the FAA is very
aware of our plan during the bankruptcy proceeding and he considers
the a• rport safely operated at this time .
ayor Rollins asked what the situation %s .insofar as the assign-
ment if the operation of the air38r-An naKderstands it will be ad-
verti-ed by the Trustee in Bankruptcy. Where will it be published?
Mr. M nor said in the Washington Post . Mayor Rollins understood
II
the p . oposal will be for the current lease we have with Century.
What ill we have to do with that, if anything? Mr. Niccolls ex-
plain d that the town entered into two agreements with Century -
a fiv --year management agreement and a lease agreement, each pro-
viding for different things. The management agreement has no value
speci icall, - in fact, it is a nullity because the individuals
we signed it with have gone. The lease has very specific terms
as to payments and a specific term. The town remains responsible
and i . full authority to make a decision as to the management
agree ent. This allows the tenant (the FBO) to use the common
area amp in front of the parking lot, as well as the new apron
const ucted north of the big hangar. The concept of this is that
propo-als would be made to both the town and the trustee. If the
trust-e finds one that is acceptable and the town also finds that
accep able, the town would enter into a management agreement with
that •roponent. If the town disagrees and finds none acceptable
that -van the trustee may approve, the town would have an operating
veto ver the trustee ' s decision because basically the tenant needs
that anagement agreement. Mayor Rollins asked if proposals will
be s'. t both to the town and the trustee? Mr. Niccolls understood
that he town will get _proposals first for the management agreement.
Inte .ested parties may send the town a letter stating their interest
befo .e it is advertised. They will then receive a Proposal packet.
Mr. inor said they have 24 individuals and firms on their list
i II
alre dy. If those interested will call the town office, we will
get .heir address. The town has developed a Request for Proposals,
whic will be sent to us and to the trustee -- this will be basically
how 'uch they will pay the town. This is an application for both
the .anagement agreement and the lease. It will Probably be ad-
vert sed next week-end. Our attorneys have proposed that it be
adve . tised for four successive weeks . Mayor Rollins asked what
will come back to this body to be acted on? Mr. Niccolls said -
the . pproval of the management agreement. If the town does not
approve this, the trustee could award it, but nobody would want it
unle s the town has approved it. The trustee believes that he has
no a .thority over the management agreement. No intense investiga-
tion has been done yet on any of the interested an_olicants, but it
will be done.
MINUTES OF FEBRUARY 25, 1981 MEETING.
26
Mr. Willis asked what area the trash demonstration will cover
tomor ow? Mr. Minor said there will be 608 stops on the southwest
side of town - Crestwood Hamlet, Waverly Heights, Prospect town-
houses - it will start at 7 this time and they should be through
by about 2 : 30 to 3 : 00 .
MAYOR S REPORT:
Mayor Rollins congratulated Mr. Martin for his fine work in
defending the town in the County' s lawsuit - he did an exceptionally
good job and is worthy of commendation. The Council expresses its
grati :ude for his victorious effort.
81-0- 5 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE.
Dn motion of Mrs. Hill, seconded by Mr. Herrell, the follow-
ing ordinance was proposed :
4HEREAS, . the .public necessity, convenience, general welfare
and good zoning practice require amendment of the regulations
:ontained in the Leesburg Zoning Ordinance; and
tHEREAS, draft zoning amendments dated May 16, 1980 were
initiated and transmitted to the Planning Commission for
public hearing and recommendation required by Section
15. 1-431 of the 1950 Code of Virginia, as amended; and
WHEREAS, the Leesburg Planning Commission, after advertising
and conducting a public hearing on June 17 , 1980, as required
by Section 15. 1-431 of the Code, transmitted certain amend-
ments of the Zoning Ordinance to this Council with recom-
mendation for approval; and
WHEREAS, a public hearing was advertised and held by this
Council as required by Section 15. 1-431 of the Code on
February 11, 1981, at which time interested persons ap-
peared and presented their views on the proposed ordinance : 111THEREFORE, ORDAINED by the Council of the Town of Leesburg
in Virginia as follows :
SECTION I. Section 2-7 of the Leesburg Zoning Ordinance is
amended to read as follows :
2-7 OFF-STREET PARKING. AND LOADING REQUIREMENTS .
2-7-1 . General requirements for off-street parking and
loading.
(a) . Accessory off-street parking and loading facili-
ties shall be provided as required in this division when-
ever any building is erected, enlarged, converted from a
single-family to multi-family use,
converted from a residential
to a non-residential use or whenever a commercial or insti-
tutional use of land begins. Applications for zoning per-
mits shall include in the zoning plan a scaled and dimen-
sioned drawing showing off-street parking and loading
spaces to be provided.
(b) No off-street parking or loading facilities shall
be reduced to size below the number required herein for the
building or land use to which it is accessory.
(c) The parking space requirements shall not apply to
any zoning lot within 500 feet of a public municipal park-
ing lot.
(d) Parking space required under the provisions of this
Article may be provided cooperatively for two or more uses
in a development or for two or more individual uses, sub-
ject to arrangements that will assure the permanent avail-
ability of such space, as such arrangements are approved by
the Commission.
MINUT S OF FEBRUARY 25; 1981 MEETING .
• 27
(e) Parking facilities in residential districts
-hall be used solely for the parking of automobiles and
rucks of 5; 000 pounds gross weight or less .
(f) Off-street parking facilities shall be paved
snd :
(1) Shall be located on the same zoning lot
with the principal building or use in R-1, R-2 -
and R-4 zoning district.
(2) Shall be located within an R-3 , MC, 8-1,
3-2 and M-1 zoning district within 300 feet of the
zoning lot to which it is accessory in R-3, MC, B-1,
B-2 and M-1 zoning districts; and
(3) Shall be in the same possession, either by
deed or long-term lease, as the property owner of the
zoning lot on which the principal building or use
exists if provided elsewhere than on the same zoning
lot.
(g) When determination of the number of required off-
CD street parking spaces results in a requirement of a frac-
tional space, any fraction up to and including one-half
shall be disregarded ,- and fractions over one-half shall be
Q interpreted as one parking space. Parking spaces within a
garage structure and on a driveway, exclusive of the side-
Q walk and apron, may be computed as off-street _narking spaces .
(h) Required parking spaces shall be at least 9 . 5 feet
Nide and 19 Leet long, exclusive of driveways, aisles, ramps
or columns and shall be accessible from streets.
(i) Aisles between rows of parking spaces shall have
minimum widths as indicated in the following table :
Angle of Width of Aisle,
Width of Aisle,
Parking one-way traffic two-way traffic
1 90 degrees 22 feet 22 feet
60 18 " 22 "
45 13 22 "
30 12 " 22 "
Parallel 11 22 "
(j ) Driveways leading to off-street parking facili-
ties accessory to residential uses shall be at least 10
feet wide and 18 feet wide if leading to parking or load-
ing facilities accessory to commercial ,, institutional or
industrial uses.
(k) All unenclosed off-street parking areas in yards
abutting a public street shall be separated from public
rights-of-way by a clear or landsca_2ed space of at least
six feet in width and a six inch high curb shall be pro-
vided on the parking area side of the space.
(1) All unenclosed off-street parking areas shall be
separated from principal buildings by a six inch high curb
so as to maintain unobstructed a clear three foot corridor
between the building and the park_d vehicles .
(m) All unenclosed off-street parking areas for over
five:vehicles shall be screened as required by Article 9A
of this Ordinance.
(n) No unenclosed off -street parking facility of over
30, 000 square feet in a B-1, B--2 or M-1 zoning district
shall be closer than 40 feet to any lot in an R-1, R-2 ,
R-3 or R-4 zoning district.
MIND IS OF FEBRUARY 25, 1981 MEETING.
28
(o) Driveway connections from off-street parking or
oading facilities shall be located at least 10 feet from
.ny side lot line and at least 25 feet from the intersect-
ing lot lines on corner lots.
(p) Any lighting used to illuminate an off-street
rarking or loading area shall be equipped with suitable
shielding or be so arranged as to prevent a glare or re-
flective lighting on adjoining public or private property.
The lighting shall be subject to the approval of the zoning
administrator.
(q) No signs shall be displayed in any parking area
within any residential district, except as may be neces-
sary for the orderly use of the parking facilities and lim-
ited to two square feet in area.
2-7-2 . Required off-street parking spaces.
Off-street parking spaces shall be provided in accord-
ance with the schedules in paragraphs a, b, c and d below.
The aggregate number of spaces required shall be provided
on zoning lots with combinations of uses. Off-street park-
ing space requirements for any use not specified in this
Article shall be the same as for a similar use permitted
in the particular zoning district but not less than the _
total number of spaces needed to accommodate vehicles of
employees of the establishment and those of all persons
who may be expected to visit the establishment at any one
time.
Types of Uses Required No. of Parking Spaces
(a) Residential
(1) Single family dwelling,
detached 2 . 0 per dwelling I/(2) Single family dwelling,
attached 2 . 0 per dwelling '
(3) Multi-family dwelling 2 . 0 per dwelling
(4) Rooming/boarding house 1 . 0 per sleeping room
(5) Tourist home 1 . 0 per sleeping room
(6) Family care homes 0 . 25 per occupant
(7) Group homes 0 . 25 per occupant
(8) Mobile home parks 1 . 5 per dwelling
(b) Commercial
(1) Retail sales establishment, 1 . 0 per 200 sq. ft. of
indoor floor area
(2) Retail sales establishment, 1. 0 per 600 sq. ft. of
outdoor lot area
(3) Office 1 . 0 per 200 sq. ft. of
floor area
(4 ) Convenience retail estab- 1 . 0 per 200 sq. ft. of
lishment floor area
(5) Financial institution 1 . 0 per 500 sq. ft. of
floor area
(6) Hotel, motel 1. 0 per sleeping room
+ 2 spaces
(7) Personal service estab- 1 . 0 per 175 sq. ft. of
lishment floor area
(8) Private club, fraternal 1 . 0 per 50 sq. ft. of
lodge floor area in the
main auditorium
and
1 . 0 per 200 sq. ft. of
other floor area
(9) Equipment rental estab- 1 . 0 per 200 sq. ft;. of
lishment floor area
(10) Printer 1. 0 per 300 sq. ft. of
floor area
(11) Laboratory 1 . 0 per 200 sq. ft. of
floor area
MINUT S OF FEBRUARY 25, 1981 MEETING. 2)
n
types of Uses Required No. of Parking Spaces
(12) Places of assembly, 1 . 0 per 3 . 5 seats
amusements, theatre,
auditorium
(13) Kennel, animal hospital 1 . 0 per 200 sq. ft. of
floor area
(14) Repair service estab- 1 . 0 per 300 sq. ft. of
lishment floor area
(15) Automobile service station 6 minimum, 2 per in-
terior stall +
1 per fueling island
(16) Automobile sales estab- 1 . 0 per 1, 000 sq. ft. of
lishment f 8 r area + 1 . 0 per
/§ .ft. of lot area
(17) Restaurant, sit-down 1. 0 per 50 sq. ft. floor
area
(18) Restaurant, drive-in 1 . 0 per 30 sq. ft. of
floor area
(19) Restaurant, carry-out 1 . 0 per 90 sq. ft. of
floor area
(20) Wholesale sales establish-
ment, enclosed 1 . 0 per 300 sq. ft. of
CD floor area
T (21) Funeral home Minimum 25 + 1. 0 per
35 sq. ft. of public
Q area
Q (22) Health care office 1 . 0 per 175 sq. ft. of
floor area
(23) Private recreation estab- 1 . 0 per 200 sq. ft. of
lishment floor area
(24) Barber shop, beauty parlor 2 . 0 per service chair
(25) Self service laundry 1 . 0 for each 3 washing
machine
(26) Bowling Alley 5 . 0 per alley
(27) Hardware, appliance, house- 1 . 0 per 1, 000 sq. ft.
hold equipment or furniture of floor area
sales establishment of over
3 , 000 sq. ft. in area
(c) Industrial.
(1) Manufacturing, assembly and 1. 0 per 3 , 000 sq. ft. of
industrial establishment floor area
(2) Warehouse establishment 0 . 5 per employee + 1. 0
per 10, 000 sq. ft.
floor area
(d) Public and semi-public
(1) Church 1 . 0 per 4 seats in main
auditorium
(2) Elementary school 1. 0 per 25 classroom seats
(3) Middle school 1. 0 per 10 students
(4) High school 1 . 0 per 10 students
(5) Nursery school , kinder-
garten 1. 0 per 10 students
(6) Dormitory • 1. 0 per 3 beds
(7) Hospital , general 1. 5 per bed
(8) Hospital , special care 1 . 0 per 4 beds
(9) Library, museum 1. 0 per 800 sq. ft. of
floor area
(10) Public and private dormitory
school 1. 0 per classroom
2-7-3 . Additional requirements for off-street loading.
(a) Accessory off-street loading facilities shall be
provided on the same lot as the use it serves and may occupy
all or part of any required yard, except as prohibited below.
No loading facility shall be located within any yard adjacent
to an R-1 , R-2 , R-3 or R-4 district, or within 50 feet of any
lot in such districts.
130 MINUTES OF FEBRUARY 25, 1981 MEETING.
(b) Each off-street loading space shall be an area at
least 10 feet wide and 25 feet long having a vertical clear-
ance of at least 14 feet, plus adequate area for ingress and
Egress.
2-7-4 . Required off-street loading spaces.
Off-street loading spaces shall be provided in accord-
ance with the schedule below:
`3ypes of Uses Required No. of Loading Spaces
a) Retail and service 1 . 0 for the first 10, 000
establishment sq. ft. of floor area
+ 1. 0 for each 20 , 000
sq. ft. of floor area
thereafter
b) Office buildings 0 . 0 for the first 2, 500 sq.
ft. of floor area;
1 . 0 for all floor area be-
tween 2, 501 and 75, 000
sq. ft. + 1 . 0 per 50 , 000
sq. ft. of floor area
thereafter
:c) Freight and truck terminal 1 . 0 for each 5, 000 sq. ft. of
floor area
,d) Warehouse and wholesale 1 . 0 for each 7 , 500 sq. ft. of
floor area
,e) Manufacturing, assembly 1 . 0 for each 10, 000 sq. ft. of
and industrial establish- floor area
ments
SECTION II . Section 3-2 of the Leesburg Zoning Ordinance is
amended by adding a new subsection numbered 3-2-4 to read as
follows :
Family care homes and group homes complying with the
provisions of Section 8-2-11-7 .
SECTION III . Section 4-2 of the Leesburg Zoning Ordinance
is amended by adding a new subsection numbered 4-2-6 to read
as follows :
Family care homes and group homes complying with the
provisions of Section 8-2-11-7 .
SECTION IV. Section 8-2 of the Leesburg Zoning Ordinance is
amended by adding a new subsection numbered 8-2-11-7 to read
as follows :
8-2 . ADDITIONAL REQUIREMENTS , EXCEPTIONS & MODIFICATIONS
8-2-11-7 . Family care homes and group homes.
A Family Care Home and/or a Group Home is conditionally
permitted as a special exception by the Board of Zoning Ap-
peals in R-1 and R-2 Zoning Districts. The following require-
ments for family care and group homes are in addition to others
in this ordinance :
(a) A family care or group home shall not maintain
lower than the minimum building, fire, health and safety
standards set by state and local laws and regulations ap-
plicable to such a home.
(b) A family care or group home shall not be per-
mitted to be constructed or operated until the agency,
organization or institution supervising such a home satis-
fies the Board that the home and its operation comply or
will, within a reasonable time, comply with all licensing
requirements of the appropriate state agency.
MINUTE . OF FEBRUARY 25, 1981 MEETING. 31
(c) In order to Prevent the creation of a de facto
social service district and to avoid impacting either a
r -sidential block or neighborhood, the Board shall exer-
c se care in considering a request to establish a family
care or group home which would increase the number of per-
sons living on a block face beyond 30 persons, or beyond
a.proximately three percent of the total number of persons,
a cording to the most recent census figures, living within
o e-half mile of the applicant home. These provisions are
i tended to assure that family care and group homes do not
e- ceed the limited capacity of a neighborhood' s existing
social structure to accommodate them. These provisions are
also intended to avoid an over-concentration of family care
j II a d group homes which may inadvertently recreate an institu-
tional setting, and thus impede successful functioning of
s ch homes . No more than three family care or group homes
s all be permitted on the same block face.
(d) The minimum lot area for a family care or group
.me shall be 20, 000 square feet.
(e) Each family care or group home shall have a mini-
O . m front yard of fifty feet; minimum side yards of twenty
t each and a minimum rear yard of twenty feet.
Nt
7 (f) The minimum floor area of each principal building
a ..ntaining a family care or group home shall be 3 , 000 square
Q :eet.
(g) Each family care or group home shall have off-street
.arking and loading facilities located at least 25 feet from
fly adjoining lot.
'ECTION V. The Leesburg Zoning Ordinance is amended by add-
ng a new Article to be known as Article 8-B to read as fol-
owe :
ARTICLE 3 • MINIIMUM PERFORMANCE REQUIREMENTS
-B-1 . General.
No person shall use any lands and buildings within the
' own in violation of the provisions of this Article.
-B-2 . No-se.
The sound-pressure level of sound radiated from an es-
ablishment, measured at the lot line of the site thereof
hat is the nearest thereto, shall not exceed the values
n any octave band of frequency that are specified in Table
below, or in Table I as modified by the correction factors
.et forth in Table II on the following page. The sound-pres-
.ure level shall be measured with a sound level meter and an
associated octave band analyzer conforming to standards pre-
.cribed by the American Standards Association.
Table I
Maximum Permissible Sound Pressure Levels Measured
re 0 . 002 dyne per CM
Frequency Band : Cycles per Second Decibels
20-75 74
75-150 62
150-300 57
300-600 51
600-1200 47
1200-2.400 42
2400-4800 38
4800-10000 35
10000-20000 30
MINUTE. OF FEBRUARY 25, 1981 MEETING.
q antity as to be offensive beyond the premises from which 33
s ch odors emanate. As a guide in determining such cuantities
`' • ir Pollution Abatement Manual" , copyright 1950 by
M:nufactur.inq Chemists Association, Inc . , Washington, D.C. ,
s all be used or the requirements of the Virginia Air Pol-
s tion Act, whichever is greater.
8 B-5. Liquid or solid wastes .
There shall be no discharge of any liquid or solid
; stesfrom any establishment into any stream except as
a thorized by the Town Council and the State Water Control
B•ard, nor shall any wastes, debris or other discarded ma-
t-rial be permitted to accumulate in any yard or open space
o the premises .
8 B-6 . Glare and heat.
No direct or sky-reflected glare, whether from flood
lights or from high-temperature processes such as combustion,
-lding or otherwise so as to be visible beyond the lot line,
-I all be permitted except for signs, parking lot lighting
N d other lighting permitted by this Article or required by any
O o her applicable regulation, ordinance or law. There shall
•- no discharge of heat or heated air from any establishment
-• as to be detectable beyond the lot line.
7
Q '1CTION VI . Article 15 of the Leesburg Zoning Ordinance is
Q ended by adding a new subsection numbered 15-1-30 . 1 to
•ead as follows :
"Family care home" means a dwelling unit established
or licensed by the State of Virginia or its sub-
divisions which provides residential services and
supervision for eight or fewer individuals who
need not be related to the resident house parents
or supervisors, and who are developmentally dis-
c turbed, mentally retarded, mentally ill , aged,
handicapped or children in need of adult super-
vision.
SECTION VII . Article 15 of the Leesburg Zoning Ordinance
s amended by adding a new subsection numbered 15-1-32 . 1 to
, ead as follows :
"Group home" means a dwelling licensed or established
by the State of Virginia or its subdivisions which
provides residential services and supervision for
more than eight but not more than sixteen persons
who need not be related to the resident house par-
ents or supervisors, and who are developmentally
disabled, mentally retarded, mentally ill, aged,
handicapped or children in need of adult super-
vision.
.ECTION VIII . This ordinance shall be in effect upon its
Passage.
Mr. H -rrell asked if Item (b) (14) on Page 4 means office space or
what? Mr. Niccolls explained that all of these are gross floor
area.
IIen motion of Mayor Rollins, seconded by Mr. Willis, motion was
made o delete Section V of the ordinance having to do with Minimum
Perfo mance Requirements . Mayor Rollins did not believe this is
enfor eable - Government is intruding and he doesn 't think they
can .i should control . Furthermore, he didn ' t see anything in this
ordi :rice that would exempt the Town ' s forces - if they go out and
dig q• a street, it will exceed the noise decibel . Mr. Niccolls
said Ie didn ' t think the use of streets is governed by zoning rules.
Mrs. sill asked about atmospheric contamination -- you could see the
smok= . Mayor Rollins said nobody can bring a charge except the indi-
vidu- 1 citizen and he can do that now. As to liquid or solid waste,
MINUT:S OF FEBRUARY 25, 1981 MEETING .
34
they - re governed under existing law - State law prohibits toxic
inflo into the streams in Virginia. He did not think regula-
tion . f flood lights was enforceable either and did not see the
point of putting something on the books that will not be enforced.
Mr. His felt the question then is whether other towns similar in
size . r larger have such ordinances . Mr. Niccolls said some do
and sime don ' t. There was further discussion concerning pollu-
tion . f the streams. Mr. Niccolls said such a violation could be
taken care of quickly - somebody could be here from the Northern
Virgi is office of the State Water Control Board in a couple of
hours However, he didn ' t know of any other regulations govern-
ing o r streams, but we do have regulations as to what can go
into four sanitary sewer system. Mayor Rollins said "dumping"
is it egal by other ordinances . Mr. Niccolls said this would make
it a oning violation as well. In such a case, you could either
get a. injunction or bring a criminal action for violation of the
Zonin. Ordinance. In either case, he will stop it. Mrs Hill wanted
to ke: p the regulation of liquid or solid wastes in the ordinance.
There was also discussion concerning loud noises and how this could
be en orced. Mr. Martin said you can measure a loud noise with a
decibel meter, but how are you going to find out who was making that
noiseHe felt the Commonwealth ' s Attorney ' s office should look at
this. Mayor Rollins said the burden of proof would be so great that
it wo 'ld be an exercise in futility. Mrs. Hill moved to delete only
Section 8-B-2 concerning Noise, but this died for lack of a second.
The a endment to delete Section V of the ordinance was adopted by
a vot • of 4 to 2 :
'ye : Councilmembers Herrell, Tolbert, Willis and Mayor
Rollins.
ay: Councilmembers Bos and M. Hill .
r. Bos had several questions concerning Section 8-2 , Family
Care omes and Group Homes. As he understood it, an applicant for
such : home would have to go through the Board of Zoning Appeals
for a special exception if the home is located in an R-1 or R-2
zoning; district. In addition, an applicant would have to comply
with he other requirements listed. His assumptionwas true. If
you c.mply with all of these requirements, there will be very few
homes that qualify. This essentially says we don' t want this type
of f- ility in. Leesburg. Is there a Virginia law that requires
cert- in mental services regardless of whatever overrides this type
of o •finance? Mr. Niccolls said there is not = in fact- to the con-
trar . Virginia Law requires local Zoning Ordinances to provide
reas.' able regulations for group homes and family care homes . This
prov • sion was written three or four years ago. He believed'we are
spec ' fically authorized to adopt zoning regulations with reason-
able provisions. Mr. Bos asked how many health care or mental health
care facilities do we have in town now? Mrs . Hill said there is one
on D. is Avenue but it is a day care center - there is no overnight
occu.ancy. Mr. Bos was not aware of how many homes there are in
Lees.urg that would qualify. It was obvious that you could build
a ne one that would qualify. He feels this ordinance is very re-
strictive and was not comfortable with it. Mr. Niccolls said that,
in aidition to the County, the State may initiate the operation of
such facilities as half way houses or other homes for developmen-
tall , disadvantaged people or persons who have been discharged from
Stat: institutions. The institutionalization movement is getting
bigger and bigger. The brunt of placing these facilities is now
in tie local communities . He cited an example in Winchester - a
hote was purchased by a private developer and converted to this
type of use. It had an impact of a great number .of developmen-
tall disadvantaged persons in the downtown area. They are cer-
tain y entitled to a fair and reasonably good place to live, but
the mpact on the neighborhood was definitely undesirable. When
the .tate imposes these facilities in a community, they should put
them on big lots so that they have space. _
The ordinance was unanimously adopted as amended:
Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis
and Mayor Rollins.
• Nay: None.
MINUT:S OF FEBRUARY 25, 1981 MEETING .
81-24 - RESOLUTION - APPOINTING CHARLES A. BOS TO THE NORTHERN 3 5
VIRGINIA PLANNING DISTRICT COMMISSION.
On motion of Mr. Tolbert, seconded by Mr. Herrell, the fol-
lowing resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, in Virginia
as follows :
:harles A. Bos is appointed as Leesburg ' s representative
on the Northern Virginia Planning District Commission for
a period coterminus with his term as member of the Lees-
. II3urg Town Council.
Mr. Bos said he would like to give it a try. The resolution was
unanimously adopted:
Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis
and Mayor Rollins.
day: None.
81-25 - RESOLUTION - APPOINTING. MARYLOU I . HILL AS THE COUNCILMANIC
N MEMBER TO THE BOARD OF THE LOUDOUN MUSEUM, INC.
CD resol )n motion of Mr. Herrell , seconded by Mr. Bos, the following
ution was proposed and unanimously adopted :
7
Q RESOLVED by the Council of the Town of Leesburg, in Vir-
a jinia, as follows :
4arylou I . Hill is appointed as the Councilmanic member to
the Board of Directors of the Loudoun Museum, Inc . for a
i period coterminus with her term as member of the Leesburg
' Pown Council.
kye: Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis
' and Mayor Rollins .
Nay : None.
81-26 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE BOND AND APPROVING A MAINTENANCE
BOND FOR LEESBURG SQUARE SUBDIVISION.
On motion of Mr. Herrell , seconded by Mrs. Hill , the following
resolution was proposed and unanimously adopted :
WHEREAS, the developer of Leesburg Square Subdivision off
Ft. Evans Road in Leesburg has completed public improve-
ments in accordance with town standards and specifications,
and these have been inspected and approved, and the as built
drawings have been submitted and approved;
THEREFORE, RESOLVED by the Council of the Town of Leesburg,
Virginia, as follows :
SECTION I . The public improvements for Leesburg Square Sub-
division are accepted for public use by the town. Perform-
ance Bond No. 91-371499 with Maryland Casualty Company, in
the amount of $37 , 750 . 41 and the additional cash bond in the
amount of $5, 000 are released and a cash maintenance bond
in the amount of $1 , 887 . 50 is approved.
1 II Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis
and Mayor Rollins.
Nay: None.
81-2" - RESOLUTION - GRANTING EXTENSION OF TIME TO LEESBURG PLAN-
NING COMMISSION FOR STUDY OF ZM-32 .
On motion of Mr. Herrell , seconded by Mr. Tolbert, the follow-
ing resolution was proposed :
WHEREAS, an application of International Pavilion Company
for revision of the zoning district map, assigned No. ZM-32 ,
36 MINUTE. OF FEBRUARY 25 , 1981 MEETING.
= s received and referred to the Planning Commission for
• blic hearing and recommendation under Chapter 11, Title
1. . 1 of the 1950 Code of Virginia- as amended; and
EREAS, the Leesburg Planning Commission held a public
-aring on said application on February 19 , 1981; and
EREAS, the Leesburg Planning Commission has requested
. additional 60 days to study this proposed rezoning;
EREFORE, RESOLVED by the Council of the Town of Lees-
• rg in Virginia as follows :
• additional 60 days, giving a total of 150 days from
-bruary 5, 1981, is granted to the Leesburg Planning
commission for further study and recommendation on the
-i.plication of International Pavilion Company for re-
' sion of the zoning district map, assigned No. ZM-32 .
Mayor rollins said Council has acquiesced several times in the past
but h: did not think that was legal unless the applicant agrees to
an ex .-nsion of time. The statute says the Planning Commission must
act i 60 days and, if they don ' t, it is deemed approved by the Plan-
ning commission. This is for the protection of the applicant - to
make - re a speedy decision is made. For this reason, .he requested
the a.i•licant agree to this extension. Mrs . Hill read a letter
from international Pavilion confirming its concurrence with the
Plann 'ig Commission ' s request for an additional sixty days. She
furth:. said the Commission has 90 days on this one, so the request
is fo . another 60 days for a total of 150 days. She read the
regul-tion from Sec. 15 . 1-493 of the State Code. On motion of
Mrs. ill, seconded by Mr. Herrell , Council voted unanimously to
amend the resolution by adding :
the applicant hereby acquiesces in this resolution, as
' ndicated by its letter of February 25 , 1981 and made a
.art of the minutes of the Council this date.
aye : Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis
and Mayor Rollins. '
ay: None.
On motion of Mayor Rollins , seconded by Mr. Herrell , the resolution
was f rther amended to read in the third paragraph as follows :
HEREAS, the Leesburg Planning Commission has requested
. n additional 90 days to study this proposed rezoning;
ye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis
and Mayor Rollins.
lay: None.
The resolution, as amended twice, was unanimously adopted and reads
as fo lows :
"HEREAS, an application of International Pavilion Company
or revision of the zoning district map, assigned No. ZM-32,
-as received and referred to the Planning Commission for pub-
ic hearing and recommendation under Chapter 11, Title 15 . 1
if the 1950 Code of Virginia, as amended; and
"HEREAS, the Leesburg Planning Commission held a public
earing on said application on February 19 , 1981; and
HEREAS, the Leesburg Planning Commission has requested
:n additional 90 days to study this proposed rezoning;
HEREFORE, RESOLVED by the Council of the Town of Leesburg
, n Virginia as follows :
MINUTES OF FEBRUARY 25, 1981 MEETING.
37
An additional 60 days, giving a total of 150 days from
February 5, 1981 , is granted to the Leesburg Planning
Cbmmission for further study and recommendation on the
application of International Pavilion Company for revi-
sion of the zoning district map, assigned No. ZM-32 .
The applicant hereby acquiesces in this resolution, as
indicated by its letter of February 25, 1981 and made
a part of the minutes of the Council this date.
Paye : Councilmembers Bos , Herrell , M. Hill, Tolbert, Willis
and Mayor Rollins.
Nay: None.
Cn motion of Mr. Tolbert, seconded by Mr. Herrell, Council
voted unanimously to go into executive session to discuss certain
personnel and real estate matters :
Pye: Councilmembers Bos , Herrell, M. Hill , Tolbert, Willis
and Mayor Rollins.
Aay: None.
Cn motion of Mr. Tolbert, seconded by Mr. Willis, Council
N voted unanimously to reconvene at 9 : 24 p.m. :
CD
rye : Councilmembers Bos, Herrell, M. Hill, Tolbert, Willis
and Mayor Rollins.
Q Day: None.
Q 81-28 - RESOLUTION - ACCEPTING OFFER OF LOUDOUN LODGE NO. 26 ,
IOOF, TO SELL PROPERTY AT 20 SOUTH WIRT
I STREET.
On motion of Mrs. Hill , seconded by Mr. Tolbert, the follow-
ing resolution was proposed :
RESOLVED by the Council of the Town of Leesburg, Virginia,
IIas follows :
The offer of Loudoun Lodge No. 26 , IOOF, dated February
00, 1981, to sell to the town its property at 20 South
Wirt Street for $75, 000 cash is accepted.
Mayor Rollins said he is going to vote for this resolution, but
he does not intend in the future to support any appropriation for
any maintenance or upkeep of this building because it is his under-
stand:ng that, if the town buys this and leases it to the Museum,
the remodeling, repairs , upkeep and maintenance will all be borne
by the Museum and/or the Board of Supervisors for the purpose that
the Loudoun Museum is currently being utilized for. He is willing
to appropriate the funds for the purchase only on the basis that
we wi .l not spend any additional funds on the building. Mr . Martin
asked if they want a title certificate? Mayor Rollins said that
will be a part of the contract. Mr. Tolbert said he will vote for
it al >o, but not for any appropriation for renovations. The reso-
i • lution was unanimously adopted by a roll call vote:
Aye: Councilmembers Bos, Herrell , M. Hill, Tolbert, Willis
and Mayor Rollins .
day: None.
Mayor Rollins felt Mrs. Hill, as a new member of the Board of the
Museun, should tell them that the Council is purchasing the property,
but will not spend anything more on it. Mr. Niccolls said a pro
i pro-
posed lease agreement will be coming to Council within the next
two ninths - this will be the time to register all these things.
Mayor Rollins suggested putting settlement date back as far as pos-
sible.
Dn motion of Mr. Willis, seconded by Mr. Tolbert, the meeting
was aijourned at 9 : 30 P .M.
/ Mayor
Clerk of£he Council