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HomeMy Public PortalAbout1983_10_26 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARINGS ON 352 LAND USE AND AIRCRAFT TAXES AND ZM-44 (BROWNELL) , OCTOBER 26, 1983. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia on October 26, 1983 at 7:30 p.m. The meeting was called to order by the Mayor, with Mr. Tolbert giving the invocation, and followed with the Salute to the Flag led by Mr. Gheen. Present were: Mayor Robert E. Sevila, Councilmembers Edgar L. Coffey, Jr. , Reginald K. Gheen, Marylou Hill, John W. Tolbert, Jr. and Howard M. Willis, Jr. ; also Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor, Assist- ant Manager for Planning and Development Marc Weiss, Director of Finance Donald 0. Taylor and Town Attorney George M. Martin. Absent from the meeting was Coun- cilmember Charles A. Bos. On motion of Mr. Gheen, seconded by Mr. Coffey, consideration of the minutes of the regular meeting of October 12, 1983 and the special meeting of October 17, 1983 was unanimously deferred until the next regular meeting: Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. PETITIONERS: Mayor Sevila said a notice appeared in the Loudoun Times-Mirror stating anyone wanting to be heard concerning the adoption of an ordinance establishing an Environmental Advisory Commission would be heard tonight. However, there was no-one present desiring to be heard concerning this matter. PUBLIC HEARINGS: (1) Mayor Sevila asked for speakers concerning amendments to the Town Taxa- tion and License Code re establishment of a use value assessment and taxation system. There was no-one desiring to speak. He asked that this matter be referred to committee for final report at the next regular meeting of Council. (2) Rezoning ZM-44 (Brownell) - Mr. Bruce Brownell, owner of the tract in question, said the property is about 121 acres and is presently zoned R-3 for townhouses and has a density of about 81 units. They propose to build, rathe . single-family cluster, which would require R-1 or R-2 in order to build them • as cluster units (about 55) . This is actually a downzoning. Especially at the Planning Commission level, it became apparent that the real controversy had to do with traffic and the extension of Shenandoah Street. At meetings with the staff prior to the Planning Commission hearing, it seemed the way to deal with this was to offer a proffer that said they would not build Shenandoah Street as a through connection between Silver Oaks and the existing Virginia Knolls. The Planning Commission went ahead and recommended approval and tentatively accepted that proffer. There was also another proffer having to do with duplex cluster - they wanted to be able to say this was a true downzoning. Subsequent to the Planning Commission meeting, a number of the members have expressed some real concern that they don't want to create a situation where a street that should logically be a "thrum street isn't one. He said he can live with it either way. The residents in Virginia Knolls are obviously concerned about the increase in traffic either way. A traffic study was done, but the conclusions are based on some assumptions that are so broad he is not sure it really means anything. His personal feeling is that probably the street should go through - if you don't run it through because it is statistically overloaded or because it is being used for a playground, etc. , then none of the other streets in Brandon should ever be connected either. They have another entrance out they can use, but the other lots that Sycolin Partnership owns don't have that. However, that is a technical engineering question. They are offering the same proffers as they offered at the Planning Commission level and Council could accept this, but if the Planning Commission decides it wants the connection when they go back for subdivision approval, they might not approve it - this could be a real problem. He suggested that Council might view this application favorably without the prof- fer and let the Planning Commission, perhaps with some Council input, deal with the street situation independently. Mr. Gheen asked if there will be pipestems in the cluster? Mr. Brownell said No - the Planning Commission has the preliminary plan - it is a very dif- ferent kind of layout. Mayor Sevila asked what sort of units are being planned? Mr. Brownell said he believed contemporary - small because the price range is very fixed and about the same as Silver Oaks , but an altogether different type of architecture. This is an uninteresting piece of ground - it has no topo - no trees, etc. , so they have to almost create it. Mayor Sevila asked what price range? Mr. Brownell said probably $50,000 to $80,000 - Silver Oaks were prob- ably $60,000 to $90,000. They will probably be two to three bedroom units - they haven't been designed yet. MINUTES OF OCTOBER 26, 1983 MEETING. 353 Mayor Sevila understood the proffer provides that there will be no through street connection on Shenandoah and that duplexes under the cluster option would not be permitted. Mr. Gheen said there are four alternate align- ments for the streets attached in the council packet. These were discussed between Mr. Gheen and Mr. Brownell, with Mr. Brownell stating that they can design around Shenandoah Street, whether it goes through or not. There are two things he would have a problem with though - one, to make a single-family community solely accessible from the townhouse community - he would rather have them go through Silver Oaks, which is also single-family; and second, he would prefer not to make a connection to Roanoke in either case - this is a factor of physical problems on the site. He said that, at the first public hearing, the people in Brandon realized that some kind of development was go- ing to take place behind them and were concerned about the vehicle count. Ob- viously, 50 single families is better than 80 townhouses. He felt that their concern is not so much the additional traffic from Shenandoah, but there are another 130 people at Silver Oaks, plus Sycolin Road is not such a great road anyway and this might become some kind of short cut to get to Harrison Street, which has become a sort of expressway through Leesburg. Perhaps the street could be built through, but put up a barricade until Harrison Street is con- nected. By that time, they wouldn't need the connection any more. Mayor Sevila understood that Mr. Brownell's proffer says Shenandoah Street in Silver M Oaks will not connect with existing Shenandoah Street - he asked what his pro- 00 posal is? Mr. Brownell said his first was to run the street through. They were ready to file the preliminary plan and got caught in this rezoning, so they Owithdrew it and started the rezoning application. They have now prepared a dif- m ferent plan that doesn't have the street going all the way through - this is a cul-de-sac a little ways from where existing .Shenandoah ends. In either case, CO they were coming from Silver Oaks - it was whether they connected to Brandon or not. They can make it work either way. Mayor Sevila asked if his engineers pre- pared a traffic count or evaluation on connecting Shenandoah Street to Shenandoah Street? Mr. Brownell said Yes, they made an assumption that half .of the traffic from Shenandoah (the proposed subdivision) and half of Silver Oaks would go out through Brandon. Mr. Coffey said it was 1256 vehicles. Mr. Coffey also under- stood that accessibility to Roanoke is somewhat questionable - why? Mr. Brown- ell said there is a mountain there now - they never anticipated .in either case using that connection - it is all rock - that's one of the reasons it was never extended. Since that time they have built a huge berm there. The only differ- ence in the two streets is that there are more townhouses on Shenandoah than on Roanoke - either area is relatively congested now. Based on VDH&T criteria, the street through Shenandoah can take about 400 vehicles per day (almost what is on it now) - if you add Shenandoah in whole or in part, without talking about Sil- ver Oaks, you have overloaded it statistically. If the street is two feet wider, you can increase it to 3,000 vehicles per day. They thought about building it through and putting in some speed bumps - something to slow people down, but there are problems with that because it is a public street. Mr. Coffey asked if there is any possibility of getting to the end of Harrison Street? Mr. Brown- ell said he tried to buy it, but they won't sell it. If Harrison and Rockbridge were extended, this would really help - a lot of the traffic going through Shen- andoah probably wouldn't go through there any more, but they don't know when this will happen. Mr. Niccolls called attention to the diagram prepared by Mr. Forbes on the location of the property, indicating the zoning of the entire territory. He felt the issues have been well covered tonight. The written report should be sufficient. Mr. Mark Withrow, a resident of Virginia Knolls Subdivision, said he is very much in favor of the zoning to single-family homes but, as to the traffic situation, Shenandoah is a residential street and he didn't believe it is de- signed to take on much more traffic. He felt this would be a safety problem for the children and the residents. Though there would be only 55 single-family homes directly in the Shenandoah area, there are an additional 130 in Silver Oaks and the closest and most convenient way for those residents to go to down- town Leesburg would be through Shenandoah Street. This would be an additional 180 homes and, if each has just one car, this is a large increase in traffic. A barricade would probably be a good idea and he felt it would be possible for emergency officials to get through. Harrison Street is a thorofare street and could take additional traffic if it were developed. Mr. Joby Reynolds, a resident of 132 Shenandowh Street, also lives adja- cent to the property in question. He is also in favor of rezoning rhe property to the lower density of single-family homes as opposed to the 80 or so town- houses. However, the question of traffic is a major concern. The residents of MINUTES OF OCTOBER 26, 1983 MEETING. 354 Brandon would average about two cars per family and he would assume that the residents of the new Shenandoah development would be about the same - this would be about 100 additional cars per day, if not more. He did not believe Shenan- doah Street is designed to handle this additional amount of traffic on a daily basis. This would be just residents and there would probably be people just passing through as well, avoiding the traffic lights, etc. downtown. He feels it should be closed off until an additional corridor can be opened. After talk- ing with Mr. Lay of the Planning Commission, he believes there needs to be an additional entrance or exit for emergency equipment, so there should be some sort of movable or unlockable barricade. Mayor Sevila asked if he felt the majority of his neighbors are in favor of the downzoning to single-family homes? Mr. Rey- nolds felt they are in favor of this, both from the congestion of people and traffic as well as the fact that it would lessen the amount of run-off of water. They would like to talk about this when they get to the plat approval stage. The amount of additional traffic is the main concern now - he felt the concern is not so much with the 55 homes to be built in the Shenandoah area as it is the additional 130 homes from Silver Oaks. Without a turn-around, this would mean anyone living on the east side of Shenandoah Street would have to exit all the way out through Sycolin Road - there would be no turn-around other than in an intersection or somebody's driveway. So there would be additional traffic in Silver Oaks as well. Mayor Sevila declared the public hearing closed. Mr. Gheen said three people from Shenandoah Street have talked with him about the question of traffic - this needs some study. He is also concerned as to the future fate of Harrison Street if it is proposed to be extended, as well as the drainage factor mentioned. He has been over the property and feels that streets and drainage will be real problems on this land. Mr. Tolbert said he has had some people approach him about this too - he suggested they come to the public hearing but they are not here. Mayor Sevila said Mr. Weiss ' report shows that Shenandoah Street can reason- ably accommodate between 251 and 400 vehicle trips per day - what is the present traffic? Mr. Weiss said it is between 350 and 400 now. Mayor Sevila said it is very close to maximum now. He referred this matter back to committee for further consideration and report out at the next regular Council meeting. (3) Proposed amendment to Town Code concerning a separate rate of tax for aircraft - There was no-one to speak. Mayor Sevila referred this matter to the next regular meeting of Council for action. COUNCILMEMBER COMMENTS: Mrs. Hill reported that the Planning Commission approved both the prelimi- nary and final plats on the McKimmey Feed relocation. She had the plat if any- one wished to see it. Mr. Coffey said the Town Plan Task Force was unable to meet last night due to some unfortunate circumstances, however, that meeting will be called for a later date. They are still working in the land use portion of the draft of the Comprehensive Plan. They will be trying to meet very soon in order to complete that portion of the Plan. Mr. Coffey asked that the Subdivision and Zoning Ordinances be placed on the agenda for the next committee meetings so that they might be discussed - the policy-type items. What are they looking for or what do they think the peo- ple are interested in - he would be interested in some general discussion on this. Mr. Tolbert was very much pleased with the turn-out for the ground-break- ing for the Flight Service Station/Terminal Building at the airport last week and the new way of breaking ground (with a backhoe) . Mr. Wolf was operating it. MAYOR'S REPORT: Mayor Sevila said the ground-breaking ceremony was very successful - there were members of the Airport Commission, the Board of Supervisors, a good repre- sentation from Council and staff, our Congressman and people from both the local and regional FAA offices. It was an excellent presentation. Mr. Niccolls has the drawing of the building with him tonight - it is an impressive building. There will be another ground-breaking ceremony on October 31st at 12:30 p.m. - the opening of West Catoctin Circle from the high school to West Market Street. MINUTES OF OCTOBER 26, 1983 MEETING. 9 C Marc Weiss, Mr. Bos and he traveled to Richmond on Saturday to attend a seminar on architectural review boards in Virginia. They felt it was a worth- while experience - they had an opportunity to see architectural control from a number of levels from the Federal park service level relating to taxation and historic preservation down to legal and practical problems that architectural boards such as ours incur on a daily basis in communities throughout the coun- try. There were a number of prominent experts there. They feel they have brought back some experience they can share with Council and staff when they consider legislation to be adopted after the first of the year. MANAGER'S REPORT: (1) Mr. Niccolls said there is a weekly progress report on the airport sewer project - the dash line indicates that roughly 4,000 feet of the gravity sewer have been completed as of October 21st - it runs out at 5700 feet, so good progress is being made. The blasting contractor has gone back to the start for the force main facility, which has about 3600 feet. The team has made good progress despite the weather. (2) Andy Shope, Jeff Minor and the architects attended a pre-construction meeting with the contractor on the flight service station on Monday. It is an- ticipated that actual construction will begin Friday. One of the things done W during the design work was coordination of building plans with the Loudoun County building inspection department, so they had no delay in securing build- ing permits for the structure. So it looks as though the contractor is going CO to move right along. CO (3) There is a new business item tonight pertaining to a performance bond and agreement for public improvements for the McKimmey Feed Service project in the South Harrison Street area. This is to relocate an existing business to a new facility on East South Street - the land purchase being from the J. T. Hirst estate. They are proposing a cash performance bond for public improve- ments in the front. The relocation and business development agreement has been executed and the first installment of payment has been made this week, so this is a "go" project. He is well along in his plans and will be securing building permits for the structure very soon. It is exciting to see this kind of thing happening where the town has been involved. (4) The Potomac River Water Treatment Plant has been out of service since early last week. The fluoride pumps are not operational at the present time because of some control problems - if the plant were not under warranty, we would have had them repaired in a short time. However, since it is under war- ranty, we are working through the contractor and he claims there are certain deficiencies in the wiring design and that is the basis for the problem. This will be checked out tomorrow and they will make certain that the town's posi- tion is based on fact. There is no water problem because the wells are func- • tioning in normal fashion. The main plant could be operated without fluoride but, since we have advertised we don' t want to deliver unfluoridated water. (5) There have been discussions with the owner of property near Potter's Field regarding the possible swap of land in terms of right-of-way and police space. Leland Mahan says he has dictated a letter containing a specific offer. It is obviously going to be a complex matter and he hopes to have a recommenda- tion by committee meetings next week. There are some intriguing possibilities, whether or not police space is involved. (6) Also on Potter's Field, the Public Works Department reports that all identified graves have been removed from the property and the remains will be re-interred soon at Union Cemetery. This will be done with a ceremony by local religious leaders and with a suitable marker. They are considering going back to court one more time to certify to the court that the work has been done and allowing the court to take notice of that if it chooses to. Then the title should be legally marketable. Mayor Sevila asked what the five nuisance abatement problems were during this reporting period? Mr. Niccolls said they range from junk cars to brush and one property owner alleged that his neighbor was repairing cars in his garage. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following were pro- posed as consent items and unanimously adopted: MINUTES OF OCTOBER 26, 1983 MEETING. 356 83-0-31 - ORDINANCE - AMENDING THE LEESBURG SUBDIVISION AND LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR BOUNDARY LINE ADJUSTMENTS. WHEREAS, on February 3, 1983, amendments to the Leesburg Subdivision and Land Development Regulations regarding adjustment of boundary lines and definition of subdivision were initiated; and WHEREAS, on March 3, 1983, the Planning Commission held a public hearing at which time interested persons were given an opportunity to express their views; and WHEREAS, on August 4, 1983, the Planning Commission recommended to Coun- cil the adoption of these amendments; and WHEREAS, on September 14, 1983, the Council held a public hearing at which time interested persons were given an opportunity to express their views: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : SECTION I. Chapter 13 of the Town Code is amended by the addition of a new section to be known as Section 13-63.1, Adjustment of Boundary Lines, as follows: Section 13-63.1 Adjustment of Boundary Lines. The director of engineering may approve the relocation or altera- tion of the boundary of any lot or parcel of land if such relocation or alteration does not create any new lot or involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas; and provided further, that no easement or utility rights-of-way shall be relocated or altered without the express consent of all persons holding interest therein. A boundary line adjustment shall result in lots which conform to the requirements of the Zoning Ordinance, or in the case of existing non-conforming lots, does not increase the extent of non-conformance. The subdivider or developer shall record the boundary line relocation plat in the land records of Loudoun County within six months of approval. SECTION II. Section 13-99(c) of the Town Code is amended to revise only the definition of "subdivision" to read as follows: "Subdivision" shall mean the division of a parcel of land into two or more lots of less than ten acres each for the purpose of transfer of ownership or building development, or, if the division of allocation of land for the opening, widening or extension of any streets involved in such division, appropriate to the context, shall relate to the process of subdividing or to the land subdivided. SECTION III. All prior ordinances and resolutions in conflict herewith are repealed. SECTION IV. This ordinance shall be in effect upon its passage. 83-169 - RESOLUTION - REGARDING A COMMISSION PERMIT FOR COUNTY OF LOUDOUN FOR 37 EAST CORNWALL STREET. WHEREAS, on October 20, 1983, the Planning Commission did approve a Com- mission Permit for the County of Loudoun for use of the property at 37 East Cornwall Street for use as offices , subject, however, to the fol- lowing conditions: (a) Loudoun County will apply for and receive all permits required under the Leesburg Zoning Ordinance prior to using the property for any purpose. (b) Loudoun County will apply for and receive development plan appro- val under the Leesburg Subdivision and Land Development Regula- tions before any activity governed by the regulations occurs. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : MINUTES OF OCTOBER 26, 1983 MEETING. q C The request of the County of Loudoun for approval, under Section 3 5 7 15.1-456 of the Virginia Code for use of the property at 37 East Cornwall Street as offices is approved as being substantially in accord with the Comprehensive Plan of the Town of Leesburg, subject, however, to the following conditions : (a) Loudoun County will apply for and receive all permits required under the Leesburg Zoning Ordinance prior to using the property for any purpose. (b) Loudoun County will apply for and receive development plan appro- val under the Leesburg Subdivision and Land Development Regula- ' tions before any activity governed by the regulations occurs. Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-0-32 - ORDINANCE - AMENDING THE TOWN CODE BY ADDING NEW ARTICLE TO CHAPTER 2 TO BE KNOWN AS ARTICLE VIII, ENVIRONMENTAL ADVISORY COM- MISSION. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following ordinance M was proposed: WHEREAS, the town seeks to enhance the quality of life in Leesburg; and OM WHEREAS, the town recognizes the need for citizen and business partici- CO pation in this effort: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Chapter 2 of the Town Code is amended by the addition of a new article to be known as Article VIII, Environmental Advisory Commis- sion, to read as follows: ARTICLE VIII. ENVIRONMENTAL ADVISORY COMMISSION ' Sec. 2-91. Committee established generally. (a) The Leesburg Environmental Advisory Commission is hereby estab- lished. The commission shall consist of no less than 10 members. One of the members shall be the town manager or his representative. The mayor shall appoint the remaining nine members from the residential and business community with the consent of the town council. Members shall serve for terms of two years. The first five members ' terms shall end on January 30, 1985, with ensuing terms ending every four years there- after. (b) The commission shall elect its chairman annually. The commis- sion shall elect annually the officers it deems necessary. The commis- sion shall meet monthly or more often as necessary. Sec. 2-92. Powers and duties. The Leesburg Environmental Advisory Commission shall have the fol- lowing powers and duties : (a) To adopt rules governing the conduct of its business and meet- ings. (b) To make recommendations for council approval that it deems necessary to accomplish its goals. (c) To make recommendations for esthetic and architectural gene- '. .. ral policy to the council. (d) To identify and pursue sources of funds for implementation of the commission's goals. (e) To administer an Architectural, Preservation, Conservation and Lanscaping Awards Program. MINUTES OF OCTOBER 26, 1983 MEETING. 358 (f) To generate awareness by businesses and residents of the value in an esthetically pleasing community, thereby creating pride in community. (g) To encourage the beautification of private property and encourage keeping weeds, grass, plants, shrubs and other growths under control. (h) To make recommendations for the placing, planting and preservation of trees, flowers, plants, shrubs or other ornamenta- ' tion on public property. (i) To coordinate local volunteer and government efforts in the control of litter, garbage and junk vehicles with those of Keep- Loudoun Beautiful. (j) To initiate, plan, direct and coordinate community wide ef- forts to achieve the commission's goals. (k) To otherwise promote public interest in the general improve- ment of the environment. SECTION II. This ordinance shall be in effect upon its passage. Mr. Gheen questioned whether you need say the manager "or his representative." After some discussion, Mr. Niccolls suggested making the manager an ex officio member - normally, staff members are non-voting. Mr. Gheen also felt the com- mission should meet at the call of the chairman. Mayor Sevila suggested that the commission meet monthly or more often, as necessary upon the call of the Chairman or two or more members. Mn Gheen suggested that Item (i) read "To coordinate with local volunteer and government efforts in the control of lit- ter, garbage and junk vehicles.", not singling out any one particular group. Mr. Coffey felt that, in Item (a) , it should read "The mayor shall appoint the members, etc. - thereby eliminating "remaining nine". Mayor Sevila also suggested that the last sentence of this paragraph should read that ensuing terms shall end every two years thereafter. On motion of Mrs. Hill, seconded by Mr. Gheen, the following changes were unanimously adopted: (a) Strike the third sentence and substitute therefor the following: "The town manager shall be an ex officio non-voting member of the commission. The mayor shall appoint the members In the last sentence, change "four" to "two" years (b) Add at the end of the paragraph "upon the call of the chairman or two or more members." (i) To coordinate "with" local , eliminating "with those of Keep Loudoun Beautiful." at the end. Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. The ordinance, as amended, was unanimously adopted and reads as follows: WHEREAS, the town seeks to enhance the quality of life in Leesburg; and WHEREAS, the town recognizes the need for citizen and business partici- pation in this effort: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION! I. Chapter 2 of the Town Code is amended by the addition of a new article to be known as Article VIII, Environmental Advisory Commis- sion, to read as follows: RTICLE VIII. ENVIRONMENTAL ADVISORY COMMISSION Sec. 2-91. Committee established generally. (a) The Leesburg Environmental Advisory Commission is hereby es- tablished. The commission shall consist of no less than 10 members. MINUTES OF OCTOBER 26, 1983 MEETING. 9 C The town manager shall be an ex officio non-voting member of the com- J 5 9 mission. The mayor shall appoint the members from the residential and business community with the consent of the town council. Members shall serve for terms of two years . The first five members ' terms shall end on January 30, 1985, with ensuing terms ending every two years there- after. (b) The commission shall elect its chairman annually. The com- mission shall elect annually the officers it deems necessary. The com- mission shall meet monthly or more often as necessary upon the call of the chairman or two or more members. Sec. 2-92. Powers and duties. The Leesburg Environmental Advisory Commission shall have the fol- lowing powers and duties: (a) To adopt rules governing the conduct of its business and meet- ings. (b) To make recommendations for council approval that it deems nec- essary to accomplish its goals. 03 (c) To make recommendations for esthetic and architectural general Opolicy to the council. COM (d) To identify and pursue sources of funds for implementation of W the commission's goals. Q (e) To administer an Architectural, Preservation, Conservation and Landscaping Awards Program. (f) To generate awareness by businesses and residents of the value in an esthetically pleasing community, thereby creating pride in com- munity. (g) To encourage the beautification of private property and en- courage keeping weeds, grass, plants, shrubs and other growths under control. (h) To make recommendations for the placing, planting and preser- vation of trees, flowers, plants, shrubs or other ornamentation on pub- lic property. (i) To coordinate with local volunteer and government efforts in the control of litter, garbage and junk vehicles. (j) To initiate, plan, direct and coordinate community wide ef- forts to achieve the commission's goals. (k) To otherwise promote public interest in the general improve- ment of the environment. SECTION II. This ordinance shall be in effect upon its passage. Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-170 - RESOLUTION - DECLARING THE COUNCIL'S INTENT TO CONSIDER AMENDMENT OF SECTION 7A-2, BOARD OF ARCHITECTURAL REVIEW, OF THE TOWN CHARTER AND SETTING THE DATE FOR A PUBLIC HEARING. On motion of Mr. Tolbert, seconded by Mr. Coffey, the following resolu- tion was proposed and unanimously adopted: WHEREAS, this Council intends to consider amendment of Section 7A-2, Board of Architectural Review, of the town charter to extend author- ized architectural control regulations, said amendment to read gene- rally as follows: Section 7A-2. Board of Architectural Review. The Board of Architectural Review shall be appointed by the mayor • MINUTES OF OCTOBER 26, 1983 MEETING. 360 by and with the consent of the council, and its duties shall be pre- scribed in the Zoning Ordinance of the town and as provided below: (a) The Zoning Ordinance of the town may contain reasonable - regulations and provisions relating to the exterior appearance and architectural compatibility of buildings, structures, signs, land- scaping and improvements proposed for alteration or erection within the town. (b) If regulations provided for in (a) above are enacted, the Zoning Ordinance of the town shall provide for the establishment of architectural control districts applying to any land area within the town zoned for or permitting multi-family, commercial, industrial and institutional uses and shall set standards for exterior appearance and architectural compatibility of buildings, structures, signs, landscap- ing and improvements proposed for alteration or erection within the districts. The ordinance shall provide that no building, structure, sign, landscaping and improvements within any architectural control district shall be altered or erected except in conformity with the ordinance and until the plans for such have been approved by the Board of Architectural Review. The ordinance shall provide for appeal of de- cisions of the Board of Architectural Review to the council and may re- quire reasonable fees for applications for architectural control per- mits and appeals. The ordinance shall establish the membership, terms, composition, qualifications, compensation, method of selection of offi- cers, rules of procedure, meeting times of the Board of Architectural Review and such other regulations and provisions necessary to carry out the powers and duties conferred on the town herein. (c) The powers and duties set forth in Section 15.1-503.2 of the Virginia Code as amended are conferred upon and vested in the Town of Leesburg. and WHEREAS, a public hearing on proposed charter amendments is required by Section 15.1-835 of the Virginia Code: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Public notice of the proposed amendment of Section 7A-2, Board of Architectural Review, of the town charter and a public hearing to be held at 7:30 p.m. , November 23, 1983, shall be given on November 3, 1983. Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-171 - RESOLUTION - ESTABLISHING POSITIONS AND NUMBERS OF EMPLOYEES IN THE ENGINEERING DEPARTMENT AND MAKING AN APPROPRIATION. On motion of Mrs. Hill, seconded by Mr. Gheen, the following resolution was proposed: WHEREAS, annexation of seven square miles of Loudoun County and the increased pace of development and the capital improvement program calls for additional technical and professional assistance in the town's Engineering Department; and WHEREAS, the position of Assistant Engineer is included in the em- ployee classification plan for the Town of Leesburg and was considered in the adopted FY 1984 budget: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The following employee plan for the Engineering Department which includes a new Assistant Engineer is established for the period beginning November 1, 1983: Number of Full-Time Engineering Positions Authorized Employees Authorized Director of Engineering z • Assistant Engineer 1 MINUTES OF OCTOBER 26, 1983 MEETING. Number of Full-Time Engineering e 1 Positions Authorized Employees Authorized V Facility Inspector 2 Administrative Assistant z Receptionist/Secretary part-time 1 SECTION II. An appropriation is made from the unappropriated fund bal- ance of the general fund to the Engineering Department, Personal Ser- vices, as shown below for the fiscal year 1984: Account Number and Name Amount 3401.101 Salaries $15,000 3401.200 Fringe Benefits 4,500 Total Engineering Personal Services $19,500 Mayor Sevila said this shows where the need for the additional position of As- sistant Engineer arose and that this is an Assistant Engineer in the Department. COThe resolution was unanimously adopted: w Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor C-F Sevila. QNay: None. COCO 83-172 - RESOLUTION - MAKING AN APPROPRIATION FOR A HOUSING REHABILITATION GRANT. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An appropriation is made from the unappropriated balance of the South Harrison Street Capital Project Fund year one to Account No. 9100.305, Housing Rehabilitation, in the amount of $13,235.24 to remain in effect until the project is completed. SECTION II. An appropriation is made from the unappropriated balance of the South Harrison Street Capital Project Fund year two to Account No. 9200.305, Housing Rehabilitation, in the amount of $5,764.76 to remain in effect until the project is completed. Mr. Niccolls explained that these funds will provide for the rehabilitation of an owner-occupied home in the South Harrison Street area. This is the second rehabilitation in the area - $19,000 is the amount appropriated. This project was bid and they have negotiated some changes - they have a contractor who will do the work for the money available. It is all grant and is a very worthy project. The resolution was unanimously adopted: Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-173 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE TO ADD GOVERNMENT OFFICES AS CONDITIONALLY PERMITTED USES IN THE R-2 RESIDENTIAL ZONING DISTRICT. On motion of Mr. Tolbert, seconded by Mr. Coffey, the following resolution was proposed: WHEREAS, the Leesburg Town Plan and the November 15, 1983 Annexation Agreement between the town and Loudoun County support the limited ex- tension of county government office uses in the downtown area; and WHEREAS, much of the land area near existing county offices is zoned R-2 Residential District; and WHEREAS, classification of additional areas in the Historic District in a business zone is inappropriate; and WHEREAS, government offices are appropriate uses in the R-2 Residential District subject to special conditions: MINUTES OF OCTOBER 26, 1983 MEETING. 362 THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated to amend Section 3-A-2 to add government offices as a conditionally permitted use. SECTION II. A public hearing at which persons affected by the zoning ordinance amendment proposed above may appear and present their views shall begin at 7:30 p.m. , or as soon thereafter as the matter may be reached, November 23, 1983 in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. In line with Section 15.1-431 of the Code of Virginia, this hearing shall be a joint public hearing of both Planning Commission and Council. The clerk shall give notice of this hearing on November 10, 1983 and November 17, 1983 and advise the Planning Commission of the pur- pose, time and date of the hearing. SECTION III. The Planning Commission shall report its recommendations to the Town Council on the proposed amendment within 30 days of the public hearing. Mayor Sevila said the question came up on conditional uses and how they would be granted under the R-2 zoning. He asked for a brief report on this for the No- vember 23rd hearing as to how it presently exists and what might be incorpor- ated with the adoption of a comprehensive rezoning ordinance. The resolution was unanimously adopted: Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 83-174 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE BOND FOR McKIMMEY'S FEED SERVICE, 27 EAST SOUTH STREET. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the Planning Commission granted preliminary approval and final approval conditioned upon Council approval of a performance bond and an authorization of agreement for a development plan for McKimmey's Feed Service at the southeast corner of Church and South Streets : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute the contract for public improvements for the development plan for McKimmey's Feed Service. SECTION II. The cash performance bond in the amount of $7,446.00, guaran- teeing installation of public improvements in accordance with plans ap- proved by the Planning Commission and Director of Engineering is approved. Aye: Councilmembers Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mr. Tolbert, seconded by Mr. Coffey, the meeting was adjourned at 8:55 p.m. / g Mayo Clerk of to Council