HomeMy Public PortalAbout1981_09_09 (2) MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, 19 5
SEPTEMBER 23 , 1981 .
A regular meeting of the Leesburg Town Council was held in
the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia
on September 23 , 1981 at 7 : 30 p.m. The meeting was called to order
by the Mayor, with the invocation by Mr . Tolbert, followed with the
Salute to the Flag led by Mr. Bos. Present were: Mayor Kenneth B.
Rollins, Councilmembers Charles A. Bos, G. Dewey Hill , Jr. , Marylou
Hill, John W. Tolbert, Jr. and Howard M. Willis, Jr. ; also Town
Manager John Niccolls, Chief of Police James M. Kidwell and Town
Attorney George M. Martin. Absent from the meeting was Council-
member Stanley D. Herrell , Jr.
PUBLIC HEARING - SOUTH HARRISON STREET PROJECT - FLOOD PLAIN:
A public hearing was held concerning the small portion of the
project which is located in the 100 year flood plain. The Notice
of hearing was read by the Clerk and a Memo from Mr. Weiss was read -
by Mr. Niccolls, explaining that this is the first of two required
public hearings. Later there will be a Notice of Explanation which
will include the Town' s findings. The project ' s benefits outweigh
any potential environmental impact. The project area includes a
r- small portion of flood plain down on the VEPCO property - this
hearing is to meet the requirements of the early public notice.
C The consultant to be retained to prepare the revitalization plan
for the area will take this flood plain location into account when
determining the location of public activities in the area. He will
a be responsible for minimizing the impact of the flood plain on
Q the project. This hearing is a technical requirement and is
necessary for the environmental review record.
There was no-one to speak on this matter - therefore, the
Mayor declared the public hearing closed.
PUBLIC HEARING - ZONING ORDINANCE AMENDMENTS .
The Notice of public hearing was read by the Clerk, this..
notice explaining that this concerns proposed recodification of
Residential District regulations without substantial changes
and addition of a new Residential District pertaining to Mobile
Home Parks. Mrs. Hill explained that there are :very few changes. _.
One changes the side yard requirement to a combined width of side
yards to be at least 20 feet, with no one side being less than 5
feet; from R-2 on down, zoning lots shall be at least 60 feet
(rather than 75) ; in R-2 , front yards shall be at least 20 feet
deep except for those for residential lots in the H-1 Historic
District, which may be reduced to the front yard depth of an
adjoining lot with an existing residence; in R-1, R-2 and R-3
no dwelling shall exceed 30 feet in height, no other structure
shall exceed 50 feet; in more dense population, government and
other buildings, it goes down to 35 feet in height - she suggested
that this be left at 50 feet (including R-4) . Mr. Niccolls said
Section 13 (c) includes signs as accessory permitted uses in all
zoning districts . A swimming pool is an accessory permitted use.
Mr. Hill asked why the H-1 District would not have to be corrected
concerning the front yard requirement since it is a district all
its own? Mrs . Hill explained that they were trying to include
the houses located in the H-1 District - these residences are all
in the R-2 District. Mr. Bos reminded that H-1 is a zone, not a
district. Mr. Niccolls said that generally the H-1 rules found
elsewhere in the Zoning Ordinance do not pertain to yard require-
ments - they are superimposed over any properties in any district
within that boundary. He did not feel a reference in the H-1 is
needed. Mr . Bos felt this is a good provision - there are a number .
of houses in this district where the people wanted to demolish them
and they couldn ' t do that without retaining part of the structure
without reverting to the new setback requirements. Mrs. Hill
cited an example of this, where the Perry Winston residence had to
sit back when the rest of the houses were right on the street - it
destroys the streetscape. Mr. Niccolls said they will look at this
again. Mrs. Hill said they picked up the garages for all zones.
There is no change in the "B" District - they have not gotten to
this yet. The public hearing was closed and this matter referred
to the Finance and Administration Committee .
1 96 MINUTES OF SEPTEMBER 23 , 1981 MEETING.
J U MANAGER' S REPORT:
Mr. Niccolls called attention to the Activity Report just dis-
tributed tonight and to the financial report for July and August,
the Capital Projects Summary and the cash balance report. The Gene-
ral Fund gets a little short at this time of the year, particularly
because we are due some money from the Federal Government that will
be in shortly, some Revenue Sharing money and we have paid out some
very large sums recently for projects . By tax season, we will be
"back in the chips. " He highlighted some of the items on the Ac-
tivity Report:
(a) There are personnel changesin the Police Department and
in the Public Works Department.
(b) The redevelopment project is moving along nicely - a real
estate transaction has been closed on the Sollars tract - with
another purchase some years ago and this one, the town now owns half
a block running between Royal and South Streets along Harrison Street.
Surveys and title search on the VEPCO and Blankenship tracts are under-
way. VEPCO does consider the property surplus and they are willing to
enter into negotiations on the sale to the town. There was a very
productive meeting with HUD Washington area officials today - there
are some significant changes being made in the administration of the
CD projects - however , he did not feel there were any negative im-
pacts on Leesburg, but they will mean there will be a change in the
way we do business . It appears that the State intends to assume the
responsibility for the HUD Small Cities Community Development pro-
gram, so our administrative office will be shifting to the Richmond
State officials in the Department of Commerce and Economic Develop-
ment and Department of Housing,_ and Community Development. The change
will complicate things for us for a while, but we think it will work
out all right. The State has created two committees to advise us in
this takeover - one they call the Technical Advisory Committee, com-
posed mostlyof appointed officials, and the Policy Advisory Com-
mittee, composed of elected officials. They are advising the State
agency that is planning this takeover. We are concerned with only
one thing and that is that the State agency will agree to honor
multi-year commitments, such as we have with HUD. Congress and the
Reagan administration are apparently going to continue the CD Proj-
ect - there is little doubt of this , but we do need to be _assured
that the State will honor the multi-year commitment. He spoke to
the Director of the Department of Housing and Community Development
for Virginia and he believes there will be no problem on this. We
are hopeful that we can apply early for next year ' s money - since
we have a second year project going, perhaps we will be able to get
the funds as soon as we need them (in January or February) . This
would be helpful because we could then move into the public improve-
ment phase. The first phase of our work is primarily land acquisi-
tion and planning and the second is the public improvements . We
were advised today that this is a possibility and we will certainly
pursue it.
(c) Catoctin Cable will be transmitting some local events
shortly - Homecoming and the Halloween Parade. They will be delayed
broadcast. They have hooked up about 330 subscribers . There was a
report from Mr. Minor concerning the options that Storer faces in
trying to serve the Country Club area. They do not intend to_ just
serve the area and try to get a highway permit - they intend to go
through the County. They are continuing to move along with the re-
mainder of the construction in Leesburg .
(d) The final paving work on Market Street was completed this
week. We are close to the end of our paving money for this year
and we are one street short on the priority list - Madison Court.
This will be on the Public Works Committee next week.
COUNCILMEMBER INQUIRIES AND COMMENTS :
Mr. Hill said he had some real problems concerning the rezoning
of "Edwards Ferry Mews" . An interested citizen came to see him and
it appeared there is a lot of concern among adjacent landowners.
He did not like the way the lots are set up and has a real "hang-up"
concerning these "pipe stem" lots.
MINUTES OF SEPTEMBER 23 , 1981 MEETING.
197
Mr. Hill asked if there has been any contact with the cable
company to televise the council meetings? Mr. Niccolls said not
by the staff . The night the system was turned on, Mr. Bodner men-
tioned that, if they are televised, it would be helpful if we put
some color balancing lights on the soffits . In addition, he men-
ioned the sound system was not good. Mr. Hill felt the option should
be available to the public - if they don ' t want it, they can turn it
off.
Mrs. Hill said the Planning Commission turned down Edwards Ferry
Mews because the plan did not meet the requirements for off-street
driveways .
Mrs. Hill asked that the Activity Report include actions by
the Board of Architectural Review.
Mr. Tolbert commented that the work has finally been completed
at Catoctin Circle and Dry Mill. Road in front of the high school -
the whole street looks nice.
Mr. Tolbert thanked Mr. Bos for attending the Airport Commission
meeting and added that it would be nice if some of the other council-
members would attend.
TMAYOR' S REPORT:
7 Mayor Rollins asked what is taking so long in installing the
Q lights on Prospect Place? Mr. Niccolls said he understands they
Q have been ordered and VEPCO has cleared the right-of-way - he will
check on this.
Mr. Tolbert said there is a light at the corner of First and
South King Streets that is out. Mr. Niccolls said we are having
substantial delays with some of VEPCO' s work.
81-0-24 - ORDINANCE - ADDING SECTIONS 12-4 , 12-5 AND AMENDING SECTIONS
12-18 , 12-19, 12-32 , 12-33 AND 12-34 AND RE-
PEALING SECTION 12-37 OF THE TOWN CODE.
On motion of Mr . Tolbert, seconded by Mrs. Hill, the following
ordinance was proposed:
ORDAINED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I. The Town Code is amended by adding two sections
to Article I , Chapter 12 , Peddlers, Canvassers and Solicitors
to read as follows :
Sec. 12-4 . Standards of behavior . •
(a) No person shall canvass, peddle or solicit except
between the hours of 9 : 00 A.M. and 9 : 00 P .M.
(b) Peddlers, solicitors and canvassers shall provide
a written receipt to the payee bearing the amount of payment,
the balance due and terms of payment and the purpose for each
transaction at the time of the transaction.
(c) No person shall approach a home, residence or busi-
ness for the purpose of peddling, soliciting or canvassing
where such home or residence is posted with a sign stating
"No peddlers or Solicitors" or words of a similar meaning.
(d) No person shall make any assertion, representation
or statement of fact that misrepresents the purpose of his
call on a home, residence or business or use any plan, scheme
or ruse which misrepresents such purpose.
(e) No person licensed under this chapter shall use the
fact of being licensed so as to lead the public to believe
that such licensing represents an endorsement or approval by
the town.
198 MINUTES OF SEPTEMBER 23, 1981 MEETING.
Sec . 12-5 . Violations of chapter; revocation of license.
(a) No license or certificate shall be issued to any
person who has been convicted of a violation of any of the
provisions of this chapter within one year of the date of
the application.
(b) Any license or registration certificate issued
under this chapter may be revoked by the manager because
of any violation by the registrant of any ordinance of the
municipality, or whenever the registrant shall cease to
possess the qualifications and character required in this
chapter for the original registration.
SECTION II . Sections 12-18 and 12-19 of Article II, Chapter
II , Chapter 12 of the Town Code are amended to read as follows :
Sec. 12-18 . Application.
Application for a license required by this article shall
be made to the Director of Finance and shall state thereon
the description and number of vehicles, if any, intended to
be operated, the kind of merchandise to be peddled, the perma-
nent address of the peddler, the place wherein the peddling
is to be conducted within the municipality and shall include
two prints of a photograph made by the police department of
the applicant with one copy each attached to the application •
and the license.
Sec. 12-19 . Fee.
The fee for such license shall be that prescribed in Sec-
tion 17-75 of the Code.
SECTION III . Sections 12-32 , 12-33 and 12-34 of Article III ,
Chapter 12 of the Town Code are amended to read as follows :
Sec . 12-32 . Application.
Any person desiring the certificate required by this ar-
ticle shall make written application therefor to the Director
of Finance. Such application shall be signed by the applicant
and shall contain the following :
(1) The applicant ' s name, address, height, weight and any
other information necessary to establish his positive
identification;
(2) The name and address of the applicant ' s employer or the
organization he represents;
(3) The nature of the products or services in which the ap-
plicant is interested, the name of the manufacturer of
such products and the method of delivery;
(4) The proposed method of operating in the municipality;
(5) The license number of any vehicle to be used in the ap-
plicant ' s business;
(6) Two prints of a photograph made by the police department
of the applicant with one copy each attached to the ap-
plication and the permit.
Sec . 12-33 . Fee.
The fee for a certificate required by this article shall
be $10. 00 .
Sec . 12-34 . Issuance; contents.
The Director of Finance shall issue a certificate applied
for under this article to each applicant who shows evidence of
good character and pays the prescribed fee. Such certificate
MINUTES OF SEPTEMBER 23, 1981 MEETING. 19 n
shall indicate that the person named therein has registered J J
in accord with this article and shall set forth the dates
covered by such registration.
SECTION IV. Section 12-37 of the Town Code is repealed.
SECTION V. This ordinance shall be in effect upon its pas-
sage.
Mrs. Hill said this came out of committee unanimously - it ups the
fee from $5. 00 to $10 . 00; the Director of Finance receives all in-
I/ formation; the applicant ' s name, address, height and weight are
given; two photographs are made - one that the person carries and
one that the Police Department holds and the nature of the product
and service are required. Mr. Niccolls added that the provisions
of Section 12-37 have been moved to a new Section 12-5 concerning
violations and revocation of such license. This particular chap-
ter has three articles - the first dealing generally with both ped-
dlers and solicitors, the second with peddlers and the third applies
to solicitors. The ordinance was unanimously adopted:
Aye: Councilmembers Bos, D. Hill , M. Hill , Tolbert, Willis
N and Mayor Rollins.
CD Nay : None.
81-125 - RESOLUTION - ACCEPTING DEED OF EASEMENT. FROM INDUSTRIAL
DEVELOPMENT AUTHORITY OF LOUDOUN COUNTY,
Q VIRGINIA.
Q
On motion of Mr. Willis, seconded by Mr. Bos, the following
resolution was proposed:
RESOLVED by the Council •of the Town of Leesburg in Virginia
as follows :
The Deed of Easement made the 3rd day of August, 1981, by
and between Industrial Development Authority of Loudoun
County, Virginia and the Town of Leesburg, for the con-
struction, operation, maintenance, addition to or alteration
and replacement of watermains, including fire hydrants, valves,
meters, building service connections and other appurtenant fa-
cilities, for the transmission and distribution of water,
through, upon and across the property of the Grantor, subject
to the conditions contained therein, is hereby accepted and
the Mayor is hereby authorized to acknowledge the same on
behalf of the Town.
Mr. Niccolls explained that this is the J. T. Hirst property. The
resolution was unanimously adopted:
Aye: Councilmembers Bos, D. Hill, M. Hill, Tolbert, Willis
and Mayor Rollins .
Nay: None.
81-126 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS , RELEASING PER-
° FORMANCE BOND AND APPROVING A MAINTENANCE BOND
FOR LOT NO. 26 OF PARKER SUBDIVISION ON SOUTH
STREET.
•
On motion of Mrs. Hill, seconded by Mr. Bos, the following
resolution was proposed and unanimously adopted:
WHEREAS, the developer of the miniwarehouse project at 180
South Street, Lot #26 , Parker Subdivision, has completed pub-
lic improvements in accordance with the 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 Lot #26 , Parker Sub-
division are accepted for public use by the town.
MINUTES OF SEPTEMBER 23 , 1981 MEETING.
200
SECTION II . The cash performance bond in the amount of
$5, 600 is released and a cash maintenance bond in the a-
mount of $280 is approved.
Aye: Councilmembers Bos, D. Hill, M. Hill, Tolbert, Willis
and Mayor Rollins.
Nay: None.
81-127 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS , RELEASING PER-
FORMANCE BOND AND APPROVING A MAINTENANCE BOND
FOR MADISON HOUSE APARTMENTS ON MONROE STREET
IN LEESBURG.
On motion of Mr. Tolbert, seconded by Mr. Willis, the following
resolution was proposed and unanimously adopted:
WHEREAS, the developer of Madison House Apartments on Monroe
Street has completed public improvements in accordance with
the 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 Madison House Apart-
ments are accepted for public use by the town. •
SECTION II . Performance Bond No. 9281309 of Fidelity and
Deposit Company of Maryland in the amount of $19, 420 is re-
leased and the Mainaenance Bond from Fidelity and Deposit
Company of Maryland in the amount of $970 is approved.
Aye: Councilmembers Bos , D. Hill, M. Hill, Tolbert, Willis
and Mayor Rollins .
Nay: None.
Mayor Rollins asked Mr. Niccolls to try to get access across an
easement adjoining the Madison House property to the Virginia Vil-
lage Shopping Center. Mr. Hill said this has been accomplished
and the residents commented on how happy they were to have this a
few weeks ago when he spoke to the group. Mr. Niccolls said the
project owner provided the cash to buy the materials and the Rotary
Club constructed the ramp, which is accessible to those who are
handicapped. This has been done over the last four or five weeks.
81-128 - RESOLUTION - AUTHORIZING A CONTRACT WITH DEWBERRY & DAVIS
FOR THE DESIGN OF TAXIWAY IMPROVEMENTS TO
LEESBURG MUNICIPAL AIRPORT.
On motion of Mr. Willis, seconded by Mr. Tolbert, the follow-
ing resolution was proposed:
RESOLVED by the Council of the Town of Leesburg, in Virginia,
as follows :
SECTION I. The manager is authorized and directed to enter
into a contract on behalf of the town with Dewberry & Davis
for the engineering and design services related to exit taxi-
way improvements at Leesburg Municipal Airport. The contract
shall incorporate the proposal of Dewberry & Davis dated Sep-
tember 14 , 1981 amended by letter from Dewberry & Davis dated
September 17 , 1981 at a cost not to exceed $7 , 047 . 48 .
SECTION II . Contract execution shall be contingent on FAA
approval of the town ' s ADAP application for grant funds to
pay 95% of the engineering and design costs .
Mr. Tolbert said the committee reported this favorably. Mr. Bos
asked why, when everybody is trying to cut down on budgets, is the
FAA trying to cram money down everybody ' s throat? Mr. Tolbert said
these funds have to be disbursed by a certain time. Mr. Niccolls
said these are trust funds - they flow from the tax on tickets and
gasoline used for aviation, so it is sort of like the highway trust
fund. The resolution was unanimously adopted :
MINUTES OF SEPTEMBER 23 , 1981 MEETING.
201
Aye : Councilmembers Bos, D. Hill, M. Hill, Tolbert, Willis
and Mayor Rollins.
Nay: None.
PROPOSED RESOLUTION INITIATING AMENDMENT OF THE LEESBURG ZONING
ORDINANCE.
On motion of Mrs. Hill, seconded by Mr. Bos, a resolution was
proposed to initiate and refer to the Planning Commission amendments
to certain sections of the Zoning Ordinance with regard to proffers
made for conditional zonings . There followed lengthy discussion
concerning the proper time for submission of proffers as spelled
out in the State Code and other matters relating to such proffers.
On motion of Mr. Willis, seconded by Mr. Tolbert, Council voted
unanimously to re-refer this proposed resolution to the Finance
and Administration Committee for further consideration:
Aye: Councilmembers Bos, D. Hill , M. Hill, Tolbert, Willis
and Mayor Rollins.
Nay: None.
81-129 - RESOLUTION - GRANTING VILLAGE SQUARE ANTIQUES PERMISSION
TO HOLD ANTIQUE SHOWS IN LEESBURG ON SUNDAY,
O JUNE 20 , 1982 AND SUNDAY, OCTOBER 3 , 1982 .
—) On motion of Mrs . Hill, seconded by Mr. Bos , the following
Q resolution was proposed :and unanimously adopted:
Q RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . Village Square Antiques is granted permission to
hold antique shows on the streets of Downtown Leesburg on
Sunday, June 20, 1982 and Sunday, October 3 , 1982 in the fol-
lowing locations :
' King Street West side from Loudoun Street to Cornwall
Street;
Loudoun Street North side from Wirt Street to Church
Street;
Market Street South side from King Street to Theater;
and
Upper part of parking lot surrounding the Log Cabin.
SECTION II . Ten percent of rental fees derived from said
antique shows shall be given to the Loudoun Restoration
and Preservation Society, Inc.
SECTION III . Village Square Antiques shall show proof of
liability coverage in the amount of $500, 000, with the Town
of Leesburg named as additional insured, said endorsement to
be provided to the Town one week prior to the shows.
SECTION IV. Vendors ' license shall be waived for all ex-
hibitors for the above dates.
Aye : Councilmembers Bos, D. Hill , M. Hill , Tolbert, Willis
and Mayor Rollins.
Nay: None.
81-130 - RESOLUTION - AUTHORIZING PURCHASE OF A 1/2 TON PICKUP
TRUCK FOR THE STREET DIVISION.
On motion of Mr. Willis, seconded by Mrs . Hill, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
202 MINUTES OF SEPTEMBER 23 , 1981 MEETING.
SECTION I . The Manager is authorized and directed to pur-
chase a 1981 GMC 1/2 Ton Pickup Truck equipped in accordance
with specifications provided by the Director of Public Works
from Bishop & Criste Pontiac :GMC, Inc . at a cost not to exceed
$7 , 175. 63 .
SECTION II . An appropriation is made from the General Fund
to Account No. 4102 . 707 , Equipment, in the amount of $7 , 000
for the fiscal year ending June 30, 1982 .
Aye: Councilmembers Bos , D. Hill, M. Hill, Tolbert, Willis
and Mayor Rollins .
Nay: None.
81-131 - RESOLUTION - MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE
FISCAL YEAR ENDING JUNE 30, 1981.
On motion of Mr. Bos, seconded by Mr. Tolbert, the following
resolution was proposed:
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
SECTION I . Supplemental appropriations are made from the
General Fund to the following accounts for the fiscal year
ending June 30, 1982 .
Account No. and Name Appropriation
1101 . 300 Contractual Services $ 2 , 000
1101 . 700 Committee Room Renovation 1, 200
SECTION II. A supplemental appropriation is made from the
Utility Fund to Account Number 5300 . 300 Contractual Services
in the amount of $1, 150 for the fiscal year ending June 30,
1982 .
Mayor Rollins asked what this will consist of? Mr. Niccolls said
this appropriates funds for design services going into working draw-
ings for the plan that was seen by the committee last week. It calls
for a committee room, conference 8?fice, mechanical changes, etc .
The design will be done by Mr. Chatelain. The resolution was unani-
mously adopted :
Aye: Councilmembers Bos, D. Hill, M. Hill, Tolbert, Willis
and Mayor Rollins.
Nay: None.
81-132 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PRO-
POSED AMENDMENTS TO THE LEESBURG ZONING ORDI-
NANCE.
On motion of Mr. Tolbert, seconded by Mr. Willis, the follow-
ing resolution was proposed:
RESOLVED by the Council of the Town of Leesburg in Virginia
as follows :
A Notice of Public Hearing to consider proposed amendments
to the Leesburg Zoning Ordinance shall be published in the
Loudoun Times-Mirror on October 1, 1981 and October 8 , 1981
for public hearing on October 14 , 1981 at 7 : 30 p.m. in the
Council Chambers, 10 West Loudoun Street, Leesburg, Virginia.
Mr. Hill said he has some real concerns with regard to cluster de-
velopments and pipe stem lots. What about the private street that
would be involved in a cluster as to snow removal, postal service,
trash pickup - what responsibility does the town have to assume for
the lack of these services, if any? Should this be addressed in an
amendment as regards cluster development? The people living in these
homes are paying the same real estate taxes the rest of us are paying -
and they are entitled to the same services we are. Should this be
made a part of the public record.so that a later purchaser would know
what is expected of him? He feels any development in town should be
MINUTES OF SEPTEMBER 23 , 1981 MEETING.
203
on a public street if it concerns more than two families. People
living in such developments would be short-changed for their tax
dollars. He feels the same way about Edwards Ferry Mews - these
are such odd shaped lots. Mr. Niccolls said he hoped he would keep
his points concerning clustering separate from those about pipe stem
lots - they are two distinct types of development. In fact, Edwards
Ferry Mews is not a cluster at all . In Fox Ridge, there are modules -
there is a public street serving four properties - two with normal
frontage on the public street and the other two with accesses from
behind. Then the homes are put on these lots in some configuration -
perhaps with garages touching. Each is planned with postal and
refuse facilities right out front - this may be only 50 feet. This
ordinance does not deal with pipe stemming at all . Mr. Hill asked
who maintains that little short driveway? Mr. Niccolls said there
will be a covenant running on all the lands - that all the driyeways
would be maintained-by the community association. Mr . Hill said he
would like to see the ordinance so that there would be no strain put
on any one person to plow a long strip in order to get to his house -
this should be clearly understood. Mrs . Hill said the Planning Com-
mission had thought a definition of a cluster might be of some help.
Perhaps they might consider this again. Mr. Hill asked how much
street frontage each person would have to be responsible for? Mr.
N Niccolls said that, under Mr. Perry ' s plan, the property owner would
CD not have to be responsible for any pavement maintenance the asso-
cr ciation would be. In Edwards Ferry Mews, there may be a lower level
7 of service available - those lots would sell for less and be as-
CX sessed for less, so the people would pay less taxes.
Q On motion of Mr. Bos, seconded by Mrs . Hill , the resolution
was unanimously amended to read as follows:
A Notice of Public Hearing to consider proposed amendments
to the Leesburg Zoning Ordinance concerning cluster de-
velopment shall be published in the Loudoun Times-Mirror
on October 1, 1981 and October 8 , 1981 for public hearing
on October 14 , 1981 at 7 : 30 p.m. in the Council Chambers,
II
10 West Loudoun Street, Leesburg, Virginia.
Aye: Councilmembers Bos, D. Hill, M. Hill, Tolbert, Willis
and Mayor Rollins .
Nay: None.
The resolution, as amended, was unanimously adopted:
Aye: Councilmembers Bos, D. Hill, M. Hill , Tolbert, Willis
and Mayor Rollins.
Nay: None.
On motion of Mr . Willis, seconded by Mr. Tolbert, the meeting
was adjourned at 9 : 30 p.m.
/' Mayor
Clerk ofhe Council