HomeMy Public PortalAbout1983_11_09 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARINGS 3 6 3
ON ZONING ORDINANCE AMENDMENTS RE ANNEXED LAND AND NON-CONFORMING
USES, NOVEMBER 9, 1983
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 West Loudoun Street, Leesburg, Virginia on November. 9, 1983 at
7:30 p.m. The meeting was called to order by the Mayor, with Mr. Tolbert
• giving the invocation, followed by the salute to the flag led by former
• Councilmember James H. Chanblin. Present were: Mayor Robert E. Sevila,
Councilmembers : Charles A. Bos, Edgar L. Coffey, Jr. , Reginald K. Gheen,
Marylou Hill, John W. Tolbert, Jr. and Howard M. Willis, Jr. Also present
were Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor, Director
of Finance Donald 0. Taylor and Town Attorney George M. Martin.
On motion of Mr. Tolbert, seconded by Mrs. Hill, the minutes of the
regular meeting of October 12, 1983 and the special meeting of October 17,
1983 were unanimously approved as presented with one correction on page 351,
mid-page, change $375,000 to $275.00.
At this point in the meeting members of the third grade class of Leesburg
Elementary School came forward and recited the following proclamation for the
Council's approval.
CO A PROCLAZ!"ATT_.^.N
WHEREAS, Loudoun citizens can be justifiably proud of the
O
0academic accomplishments of Loudoun students as compared with their
CO peers throughout the state and the nation, and
Q !ifl EPRA.S, continued success of Loudoun's Public Schools depends
in the largest measure, on strong community commitment to providing
the best education available to the County's youth, and
WHEREAS, a citizenry which is informed about the crucial issues
facing education today is best equipped to provide leadership and
support for continued excellence in local education;
NOW, THEREFORE, BE IT RESOLVED BY THE LEESBURG TOWN COUNCIL
that :
November 14-18, 198.3„ which is American Education Week through-
cut the nation, be so designated in LEESBURG as a time for all
citizens to reaffirm their commitment to public education in Loudoun
by:
Visiting their local schools to gain first hand
knowledge of the prograns which are helping to shape
the futures of our youngsters, out County and our
Nation, and
Contributing their time and their talents to help make
the Loudoun County Public Schools even better.
The third graders extended an invitation to the Council to visit with
them during the next week, American Education Week. The Mayor then executed
the proclamation.
Mayor Sevila then read the following proclamation on behalf of the
Loudoun Education Association:
A PROCLAMATION
WHEREAS, Tne public schools are an important and integral part of
our society; and
WHEREAS, The concept of a free and equal education is an American
tradition and this country's strength; and
WHEREAS, The students of today are the leaders of tomorrow; and
WHEREAS, All citizens have a responsibility to support the public
schools;
Now, therefore, I, Mayor' Robert Sevila, of the Town of Leesburg
Do hereby proclaim November 13-19, 1983, as AMERICAN EDUCATION WEEK
and urge all citizens to make a commitment to public education and
to the future of Leesburg children by visiting their local public
schools and by donating their time and talents to make the public
schools even better.
Mayor Sevila executed the proclamation and directed that it be returned
to the Loudoun Education Association.
MINUTES OF NOVEMBER 9, 1983 MEETING.
364
JOINT PUBLIC HEARING ON PROPOSED AMENDMENT TO SECTION 1-3(b) , ANNEXATIONS OF
THE LEESBURG ZONING ORDINANCE
Mr. Niccolls explained that in February of 1982 the Council adopted an
ordinance which added the Loudoun County Zoning Ordinance by reference to
the Zoning Ordinance to govern that part of the County which is to be annexed.
Since that time there have been certain technical amendments to that ordinance
and the purpose of this amendment is to adopt an ordinance which will
incorporate these amendments into the zoning ordinance that will be effective
January 1.
Chairman Leach stated that Commissioners Jackson, Curry, Lay, Webb and
Councilmanic Member Hill were present representing the Planning Commission for
this joint hearing. There was no one present to speak for or against the
proposed ordinance. The hearing was closed at 7:50 p.m. The matter was
referred to the Planning Commission for recommendation.
PUBLIC HEARING ON PROPOSED AMENDMENT TO THE ZONING ORDINANCE TO
SECTION 2-6-1(b)
The essence of this change is to change the five-year discontinuance to
two years. There was no one present to speak for or against the proposed
amendment . Mayor Sevila stated his concerns that Section 15.1-492 of the
Code of Virginia gives us more latitude in seeing that non-conforming uses
are phased out and urged Council to consider the adviseability to further
amending this section to include all of the permitted restrictions allowed
by the enabling statute--specifically, provisions which provide that non-
conforming buildings cannot be moved on the same lot and that any time a
building is enlarged, extended or reconstructed or structurally altered it
must conform with the zoning regulations. The amendment as advertised
for public hearing is to come back to Council for action at its next
regular meeting and the staff was directed to prepare further legislation
as outlined above. This hearing was closed at 7:59 p.m.
COUNCILMEMBERS' COMMENTS
Mr. Bos reported that the Economic Development Advisory Committee had
met again this morning and they are spending considerable time on the State
Certification Program. He also informed Council that the tourism brochure
is completed. The East Market Street brochure is being distributed to
area businesses. The committee had further discussion on Industrial
Revenue Bond restrictions and discussed the possibility of Council passing
a resolution to send to our congressional representatives urging that
certain limitations not be restricted further. Mr. Bos asked to have
this matter put on the Finance and Administration Committee agenda. He
stated that Marc Weiss has some background material that will be forwarded
to Council.
Mr. Gheen asked that someone be present to inform the Council
committee on IRBs. He also suggested that personnel costs in connection
with existing fee schedules be restudied in preparation for next budget
year.
Mrs. Hill informed the Council that the Planning Commission had for-
warded two zoning ordinance amendments to the Council for hearings--one
regarding parking spaces for housing for the elderly and the other
regarding proffers.
Mr. Coffey informed the Council that hopefully the town task force
will have something ready for consideration pretty soon. He also thanked
Mr. Niccolls for having the electrical wiring for the stop lights on East
Market Street dressed up.
Mr. Tolbert announced that Mr. Cooper has resigned from the Airport
Commission.
Mr. Willis asked Mr. Niccolls if everything was all set for the
Christmas decorations for this year. Mr. Niccolls replied that everything
was ready.
MANAGER'S REPORT
Mr. Niccolls highlighted several items from the Activity Report. Work
has begun on the automated flight service station--grading and excavation
and stakeout. The winter issue of the Lamplighter is at the typesetter.
MINUTES OF NOVEMBER 9, 1983 MEETING. 3 6 5
The Market Square Deed of Dedication has been executed. A permit to enter
the land has been granted for surveying, boring, etc. Street resurfacing
on Belmont and Prospect Drives has been completed. The Catoctin Circle
extension is finished--a couple of punch list items remain. Mr. Niccolls
informed Council that the town will be accepting responsibility for the
arterial section of the by-pass in connection with the annexation. This
will change some of the financial projections--it will increase revenues, but
of course, it does increase expenses for routine maintenance. In addition,
it will give the town a couple of bridges that we did not think we were going
to have to maintain. We will have V.D.H. & T. provide us with copies of
their bridge inspection reports which are federally mandated bridge
inspection reports to indicate the condition of these bridges so we will
know if any structural work has been suggested that has not yet been carried
out. He stated his concerns about the assumption of responsibility for a
multi-million bridge structure that has gone out of maintenance could be
very costly. He further stated that he does not anticipate any problems,
however, in that Virginia has done a good job in maintaining its bridges.
Council was informed that there is a man on staff that has been trained in
bridge inspection by V.D.H.&T. and he will be reinspecting the bridges
using their standards . Mr. Niccolls also asked Council to consider a new
business item--a request for funds to provide architectural services for the
OD necessary remodeling in the municipal office building.
OMAYOR'S REPORT
CO Mayor Sevila asked Mr. Niccolls regarding the possibility of closing the
CO median on the by-pass at Sycolin Road. Mr. Niccolls stated that he had
Q discussed the matter with Don Wagner. The usual procedure when the town
assumes responsibility for a section of road would be to conduct a traffic
engineering survey and study and if, based on objective criteria, traffic
accidents and problems, it is warranted it can be done by the locality.
The Mayor stated that he had been approached by several people regarding
speaking at the next town task force meeting. He asked Mr. Bos if they will
be able to do so. Mr. Bos replied, yes, within reasonable confines.
On motion of Mr. Tolbert, seconded by Mrs. Hill the following items were
Iproposed as consent items and unanimously adopted:
83-0-33 - ORDINANCE - AMENDING CHAPTER 17 OF THE TOWN CODE BY ESTABLISHING A
USE VALUE ASSESSMENT AND TAXATION SYSTEM
WHEREAS, there are certain areas both within the present corporate limits
and expanded town after December 31, 1933 now in agricultural, horticultural,
forest or open space use appropriate for assessment under a use value assess-
ment and taxation program, and;
WHEREAS, a use value system of assessment and taxation will promote a
balanced economy and orderly development of real estate for the accommoda-
tion of an expanding population:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Chapter 17 of the Town Code is amended by adding a new article
to be numbered Article I.1 to read as follows:
ARTICLE I.1. SPECIAL ASSESSMENTS FOR AGRICULTURAL, HORTICULTURAL, FOREST
AND OPEN SPACE REAL ESTATE.
Sec. 17-8. Levy of Land Use Assessment Tax
The town finds that the preservation of real estate devoted to agricultural,
horticultural, forest and open space uses within its boundaries is in the public
interest, and having heretofore adopted a land use plan, establishes that such
real estate shall be taxed in accordance with the provisions of Article I.1 of
Chapter 15 of Title 58 of the Code of Virginia of 1950, as amended, and of
this Article.
Sec. 17-9. Application for Land Use Taxation
(a) The owner of any real estate meeting the criteria set forth in
Section 58-769.5 and 58-769.7 of the Code of Virginia of 1950, as amended, may,
on or before November 1, of each year, apply to the County Commissioner of the
Revenue for the classification, assessment and taxation of such property for
the next succeeding tax year on the basis of its use, under the procedure set
forth in Section 58.769.9 of the Code of Virginia of 1950, as amended. Such
application shall be on forms provided by the State Department of Taxation and
supplied by the County Commissioner of the Revenue and shall include such
additional schedules, photographs and drawings as may be required by the
Commissioner.
36MINUTES OF NOVEMBER 9, 1983 MEETING.
U (b) A separate application shall be filed for each use for which quali-
fication is sought. Upon payment of a late filing fee of $15.00, such an
application may be filed with the Commissioner no more than 60 days after
November 1.
Sec. 17-10. Determination of Property Value, Criteria for Forest and
Open Space Use .
The County Commissioner of the Revenue shall determine whether the sub-
ject property meets the criteria for taxation hereunder based on the criteria
established for unincorporated real estate as set out in Section 848.03 of
Chapter 848 of the Codified Ordinances of the County of Loudoun, Virginia.
In determining whether the subject property meets the criteria for
forest use, the Commissioner may request an opinion from the Director of
The Department of Conservation and Economic Development, and in
determining whether the subject property meets the criteria for open
space use, he may request an opinion from the Director of the Commission of
Outdoor Recreation. Upon the refusal of the Director of the Department
of Conservation and Economic Development or the Director of the Commission
of Outdoor Recreation to issue an opinion, or in the event of an unfavorable
opinion which does not conform with standards set forth by the respective
Director, the party aggrieved may seek relief from any court of record
wherein the real estate in question is located. If the court finds in his
favor, it may issue an order which shall serve in lieu of an opinion for
the purposes of this article.
Section 17-11. Land Books; Tax for Succeeding Year
The use value and fair market value of any qualifying property shall
be placed on the land book before delivery to the Director of Finance, and
the tax for the next succeeding year shall be extended from the use value.
Sec. 17-12. Removal of Parcels from Program if Tax is Delinquent
If, on June 1 of any year, the taxes for any prior year on any parcel
or real property which has a special assessment as provided for in this
article are delinquent, the Director of Finance shall forthwith send notice
of that fact and the general provisions of this section to the property
owner by first class mail. If, after sending such notice, such delinquent
taxes remain unpaid on November 1 of the same year, the Director of
Finance shall remove such parcel from the land use program for municipal
taxation purposes.
Sec. 17-13. Rollback Tax for Change to Nonqualifying Uses
A rollback tax is established in such amount as may be determined under
Section 58-769.10 of the Code of Virginia of 1950, as amended, including
interest at a rate of five-sixths of one percent per month or a fraction
thereof for the first year preceding the year of the change and all years
preceding the year of the change in excess of one year, upon any property
of which the use changes to a non-qualifying use.
Sec. 17-14. Payment of Rollback Tax; Misstatement of Facts; Penalty
for Delinquency.
(a) The owner of any real estate liable for rollback taxes shall re-
port to the Director of Finance, on forms to be prescribed, any change in
the use of such property to a non-qualifying use and shall pay the roll-
back tax then due. If such owner fails to so report within 60 days and
pay within 30 days of assessment such owner shall be liable for an
additional penalty equal to ten percent of the amount of the rollback
tax, which penalty shall be collected as a part of the tax. In addition
to such penalty, there is hereby imposed interest of five-sixth of one
percent of the amount of the rollback tax for each month, or fraction
thereof, during which the failure continues.
(b) Any person making a material misstatement of fact other than
a clerical error in any application filed pursuant hereto shall be liable
for all taxes, in such amounts and at such times as if such property had
been assessed on the basis of fair market value as applied to other real
estate in the town, together with interest and penalties thereon, and he
shall be further assessed with an additional penalty of 100 percent of
such unpaid taxes.
MINUTES OF NOVEMBER 9, 1983 MEETING.
J 9 6 7
Sec. 17-15. Application of State Law.
All applications under this article may be made at the same time applica-
tion is made to the Commissioner of the Revenue for a use value assessment
to be applied to land both in the town and the county. Applications shall
be renewed annually in accordance with the filing deadline stipulated in
Section 17-9 of this article and shall be revalidated every sixth year.
Sec. 17-18. Effective Date of Article.
This article shall be effective for all tax years beginning on or after
January 1, 1984.
SECTION II. All prior ordinances and resolutions in conflict herewith
are repealed.
SECTION III. This Ordinance shall be effective from and after its
passage.
83-0-34 - ORDINANCE - AMENDING ARTICLE I of CHAPTER 17 OF THE TOWN CODE
REGARDING A SEPARATE RATE OF TAX FOR AIRCRAFT
WWHEREAS, this Council by Resolution Number 83-57 did support recent
W Loudoun County Board of Supervisors ' action to reduce the personal
property tax on aircraft; and
0M
W WHEREAS, the annexation effective December 32, 1983 will incorporate
Leesburg Municipal Airport; and
WHEREAS, the current town tax rate of $1.00 per $100 of assessed
value on personal property including aircraft will discourage economic
activity and growth at Leesburg Municipal Airport:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 17-1 of the Town Code is amended to read as follows:
Sec. 17-1. Annual Levy and Rate of Taxes.
Taxes shall be levied and collected as. provided by law on
taxable real estate, tangible personal property and bank capital
in the town for each fiscal year beginning July 1 and ending June 30
for the support of the town government, payment of interest on town
debt and for other town purposes . Every person assessed taxes by
the town shall pay them as required by law.
(1) Taxes on all real estate and all tangible personal property,
except the property of public service corporations, shall be
as follows:
Rate of Tax per
Classification of Property $100 Assessed Value
(a) Real Estate $ 0.20
(b) Vehicles used as mobile homes or 0.20
offices as described in Sec. 58-829.5
of the Code of Virginis
(c) Aircraft as defined in Section 58-829.5 0.001
of the Code of Virginia of 1950, as
amended.
(d) All other tangible personal property 1.00
except that listed in Section 58-829.3
of the Code of Virginia
(2) Taxes on all real estate and all tangible personal property
of public service corporations shall be as follows:
368 MINUTES OF MEETING OF NOVEMBER 9, 1983.
Rate of Tax per
Classification of Property $100 Assessed Value
(a) Real estate except as provided in (b) $0. 20
below
(b) Real estate which has not been equalized 0.65
as provided for in Sec. 58-512.1 of the Code
of Virginia which shall continue to be
assessed at forty percentum of fair market
value
(c) Tangible personal property 1.00
(d) Property classified as tangible personal 1.00
property by the town before January 1, 1966
except that portion reclassified as real
estate under Sec. 58-514.2 of the Code of
Virginia
(e) Property classified as tangible personal 0.20
property by the town before January 1, 1966
and reclassified as real estate under Sec.
58-514.2 of the Code of Virginia
(3) The tax on all bank capital shall be at the rate of $0.80 per
$100.00 of the net capital of banks located in the town pursuant
to Title 58, Chapter 10.01 of the Code of Virginia.
SECTION II. All prior ordinances and resolutions in conflict herewith
are repealed.
SECTION III. This ordinance shall be effective January 1, 1984.
83-0-35 - ORDINANCE - AMENDING SECTION 19-45 OF THE TOWN CODE.
ORDAINED by the Council of the Town of Leesburg, Virginia as follows :
SECTION I. Section 19-45 of the Town Code is amended to read as
follows:
Section 19-45. Rates established.
The charge for use of water from the town water system shall
be based on quarterly meter readings taken to the nearest 1,000
gallons at the following rates:
(1) For premises inside the town, the rate shall be 81.50 per
quarter plus $1.58 per 1,000 gallons.
(2) For premises outside the town, the rate shall be $1.50 per
quarter plus $2.07 per 1,000 gallons.
SECTION II. This ordinance shall be effective for charges after
the fourth quarter 1983 billing.
83-175 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION FOR SILVER OAKS
SUBDIVISION.
WHEREAS, the developer's engineer, Bengtson, DeBell, Elkin & Titus
and the town's Director of Engineering have reviewed the public im-
provements installed to date in Silver Oaks Subdivision and certify
that the value of work performed is $308,456.00 and the remaining
amount of work is approximately $426,423.00; and
WHEREAS, a $734,879.00 Equitable Federal Savings and Loan Association
of Wheaton, Maryland set aside letter has been provided by the
developer and approved by Council to guarantee installation of public
improvements in Silver Oaks Subdivision; and
WHEREAS, the town has agreed, when appropriate, to decrease the per-
formance guarantee by reducing set aside bank funds by the value of
work completed on the public improvements :
THEREFORE RESOLVED by the Council of the Town of Leesburg in
Virginia as follows:
g
MINUTES OF NOVEMBER 9, 1983 MEETING. 3 6 9
SECTION I. The Equitable Federal Savings and Loan Association set
aside letter originally in the amount of $734,879.00 is reduced to
$426,423.00.
SECTION II. The Manager shall notify the developer, Sycolin Forest
Associates, Inc. , that liability for set aside funds has been re-
duced as outlined in Section I of this resolution, and that this
reduction does not constitute acceptance of public improvements by
the town or relieve the developer of responsibilities outlined in
the contract for public improvements for Silver Oaks Subdivision.
Mayor Sevila stated that the Ordinance amending Section 14-45 of the Town
Code is the second of the three projected rate increases in the water rates
discussed and referred to in the budget effective July 1, 1982.
On motion of Mrs. Hill, seconded by Mr. Tolbert, the Council voted
unanimously to refer an ordinance amending Sections 15-14 and 19-23 of the
Town Code back to committee for further discussion and consideration.
AN ORDINANCE AMENDING THE LEESBURG ZONING ORDINANCE IN RE ZM-44
M Mrs. Hill moved the ordinance and also to waive the reading of the
W ordinance. The ordinance was seconded by Mr. Willis.
Q Mr. Gheen stated that it was his understanding that the land that would
become the connector would become public property. Mayor Sevila stated that
this was correct and that Mr. Brownell's engineer was preparing a plat for
this dedication.
Mr. Coffey stated that he supports the rezoning from R-3 to R-2 but that
he did not feel that he could support Section I, paragraph (a) , the proffer
that no through street connection shall be made to connect Shenandoah Street,
Virginia Knolls Subdivision to Shenandoah Street in Silver Oaks Subdivision.
Mr. Coffey proposed a plan whereby Shenandoah Street and Roanoke Drive might
be joined by a circle and a connecting link to Shenandoah Street in Silver
Oaks. He stated that traffic control seemed to be a mian point under discussion
regarding this matter. He stated that traffic control could be implemented
until the development at the end of Harrison Street and Nottoway Street is
completed and then there would be an orderly traffic flow throughout these
developments and not create any excessive traffic flow on any of the streets .
Mr. Coffey further outlined possible traffic control with this proposal that
would allow a free flow of traffic and yet not create any hardship on anyone.
Alternate access would be achieved for the developments which would greatly
enhance the safety factor for fire and rescue equipment, and ultimately the
service and utility vehicles such as garbage, leaf trucks, mail service, snow
removal, etc. would have a better routing plan and do their jobs more
efficiently. He stated that the Planning Commission has studied this problem
and according to their report they recommended that the proffer of not
connecting the streets be rejected. Mr. Coffey stated that he felt he was
offering a compromise proposal that would satisfy the present and future
citizens . He stated his concerns for a development being created whereby it
is closed off and that he would not like to see any more situations like the
disconnected sections of Valley View Avenue. He stated that he would like to
see the proposed resolution amended to eliminate proffer (a) and to perhaps have
the street routing sent back to the Planning Commission. Mr. Coffey moved that
Council amend the ordinance to delete proffer (a) and then let the Planning
Commission further study the street situation and report back. This motion
was seconded by Mrs . Hill.
Mr. Gheen stated that this problem points up the necessity for adequate
planning at some level to anticipate what may happen in the future, because
when Silver Oaks was approved with just neighborhood streets in it - - and no
one gave any thought to the development of the land between Silver Oaks and
Virginia Knolls and what effect that might have on traffic. He stated that
if the ordinance is to be amended that it should be sent back to committee.
Mayor Sevila ask if the Planning Commission could direct the erection of
a barricade or prohibit the connection to a street if the proposed connection
is in compliance with highway regulations or town subdivision regulations
and ordinances. Mr. Niccolls replied that he was not certain if the developer
insisted on making a connection, however, if the developer is ambivalent about
it he felt the Planning Commission's wishes would be followed -- stating he
believes that is the case in this matter . He further stated he would have to
ask Mr. Martin to rule on a specific question.
370 MINUTES OF NOVEMBER 9, 1983 MEETING.
Mayor Sevila stated that it was his feeling that if Mr. Brownell chose to
connect to a road and was not in violation of the zoning or subdivision
ordinances or a proffer submitted by him and Council attempted to prevent
him from doing it, and if all other aspects of his plat were in compliance,
he felt Mr. Brownell would be in a position to take the town to court and
get his connection where he wanted it.
Mr. Brownell came forward and was recognized. He stated that in this
instance he felt this matter might be different decause of the discretionary
power the Planning Commission has in cluster development--that power appears
to be so broad that the Commission could probably deny or change a plat
on almost anything and the road issue could very well be one of them.
He mentioned his concerns on this rezoning in that it is very much of a
down-zoning and if he goes through the rezoning process and no one
approves the plan--then he has a problem. Unfortunately, there are
economical problems with the alternative road connections drawn. The
economy of trying to build another kind of road and working with the
limitations on the number of units that are technically possible under
an R-2 Cluster--could present serious problems . He stated that whether
the road went through or did not go through he could deal with--but to
make the other alternatives work would cause serious problems. With
the exception of the piece of land that is in Silver Oaks, Mr. Brownell
stated that he did not have any real time constraints if the Council
and the Planning Commission wanted to meet on this matter for another
couple of weeks. He stated that the best of all possible worlds would be
for the street to go through, but if that was not possible for whatever
reasons, then from a marketing standpoint, the best connection is from
Silver Oaks rather than through the townhouse development.
Mayor Sevila stated that he did not think the two streets should ever
connect and he believes the proffer is the only method to assure this.
He also said that if it is to be Council's decision to send this
ordinance back to a committee or perhaps to the Planning Commission for
further consideration, he wanted it to go back with the proffer intact
so that when the final legislation is brought back Council can consider
the adviseability of accepting or rejecting it. He stated that there
should be no connection other than open land for the sole use of emergency
fire and rescue vehicles--it would be there if eventual connection ever
became necessary, but there would be no barricade or pavement with a
white checkered fence--just sufficient area dedicated to the town for
connection if and when it becomes adviseable. He stated his concerns
that allowing for the connection now would lead to the emptying of the
traffic through this area. The existing Shenandoah Street is a
residential street and should never be connected to anything that would
make it an artery or a collector of any kind. He stated that he felt the
real answer for this subdivision is going to be when Rockbridge is
connected to Harrison Street on other property--that will give the residents
of Silver Oaks and the residents of the proposed subdivision the alternate
route out of there that they will need and a direct route downtown.
Mr. Coffey restated his reasons for wanting to allow this connection,
stating that he did not feel that the number of vehicle trips planned per
day would cause traffic congestion with the existing traffic--he voiced
his concerns for proper planning.
Mr. Bos stated that he personally thinks that anymore traffic genera-
tion through those streets--either Roanoke or Shenandoah--would be a
disaster for that community, and also the alternative of keeping R-3
zoning there with Brandon type density regardless of whether roads go
would clog the traffic. He stated he felt Council should keep in mind
that this is a down-zoning--that the alternative of more townhouses in
that area is frightful from a planning standpoint.
Mr. Coffey and Mrs. Hill withdrew their motion to amend the ordinance.
Mrs. Hill and Mr. Willis withdrew their original motion.
On notion of Mr. Tolbert, seconded by Mr. Willis, Council voted
unanimously to refer this matter back to committee for consideration at
its next meeting.
Mayor Sevila then stepped down to allow Mr. Bos to conduct the next
portion of the meeting.
MEETING OF November 9, 1983 MEETING. 371
83-176 - RESOLUTION - MAKING A FIFTH REDUCTION IN THE PREFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION FOR CEDAR WALK
SUBDIVISION.
On motion of Mrs . Hill, seconded by Mr. Gheen the following resolution
was proposed:
WHEREAS, the developer's engineer, Bengtson, DeBell, Elkin & Titus
and the town's Director of Engineering have reviewed the public
improvements installed to date in Cedar Walk Subdivision and
certify that the value of work performed is $192,761 and the re-
maining amount of work is less than $338,104; and
WHEREAS, a $412,235 Route Hill National Bank set aside letter and
$99,354 Fidelity and Deposit Company of Maryland surety bond have
been provided by the developer and approved by Council to guarantee
installation of public improvements in Cedar Walk Subdivision; and
WHEREAS, the town has agreed, when appropriate, to decrease the
performance guarantee by reducing set aside bank funds by 90
percent of the value of work completed on the public improve-
ments:
CO
gct THEREFORE RESOLVED by the Council of the Town of Leesburg in Virginia
O as follows:
CCI SECTION I. The Round Hill National Bank set aside letter originally
CO in the amount of $412,235 is reduced to $238,750. The Fidelity and
Q Deposit Company of Maryland surety bond in the amount of $99,354
remains unchanged.
SECTION II. The manager shall notify Cedar Walk, Inc. that
I liability for set aside funds has been reduced as outlined in
Section I of this resolution, and that this reduction not con-
stitute acceptance of public improvements by the town or relieve
the developer of responsibilities outlined in the contract for
public improvements for Cedar Walk Subdivision.
' Aye: Councilmembers Coffey, Gheen, Hill, Tolbert and Mayor Pro-Tem Bos.
Nay: None.
Council recessed at 9:22 p.m.
Back in session at 9:33 p.m.
83-177 - RESOLUTION - AUTHORIZING A LEASE OF SPACE FOR POLICE OFFICES
On motion of Mr. Tolbert, seconded by Mrs. Hill, the following resolution
was proposed:
WHEREAS, the FY 1984 budget provides funds to lease space for police
office needs; and
WHEREAS, a proposal for the lease of office space was received from
F & B Joint Venture after advertisement of a request for proposals:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager shall enter into a lease agreement with F & B Joint
Venture, Post Office Box 1216, Leesburg, Virginia, for police
office space to be located at 317 E. Fort Evans Road under the
general terms and conditions of the September 22, 1983 solicitation
for offers for police office space and the October 12, 1983 pro-
_i
posal from F & B Joint Venture, subject, however, to the following
revisions:
(a) The annual cost of living adjustment shall be equal to one-
half of the increase of the U. S. Department of Labor consumer price
index increase for the previous year; and
(b) The annual rent shall not exceed $11.00 per square foot of
floor area.
372 MEETING OF NOVEMBER 9, 1983 MEETING.
Mr. Niccolls explained that the lease values shown on a sheet distributed
to Council were given in confidence for comparison purposes only. Mr. Gheen
stated that the $11.00 per square foot rate is worth it for the location
and parking and the condition of the building. The comparason sheet
distributed revealed that the rate is reasonable. Mr. Niccolls explained
that in terms of the facilities that the owner is putting in-- double
showers, double restrooms and the partitioning--the rateis reasonable.
Mr. Coffey stated that Council should be thinking about some other
facilities for the future. Mayor Sevila stated that the lease is
acceptable because they are leasing for a three-year period with a two-
year option.
Aye: Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila.
Nay: None.
83-178 - RESOLUTION - MARKING APPROPRIATIONS FOR FISCAL YEAR 1984.
This resolution was moved by Mr. Willis and seconded by Mr. Coffey.
On motion of Mr. Tolbert, seconded by Mrs. Hill, the resolution was
amended to add "Housing Rehabilitation" after 9200. 702 in Section II.
This amendment was adopted unanimously. Mayor Sevila asked that a
sentence . or paragraph be included as explanations for future
appropriation resolutions. The following amended resolution was then
unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. An appropriation is made from the South Harrison Street
Year I Capital Project Fund unappropriated fund balance to the
accounts and in the amount as shown below:
Account Number and Name Amount
9100. 701 Water & Sewer Improvements $3,400
9100. 702 Street Improvements $1,100
SECTION II. An appropriation is made from the South Harrison Street
Year 2 Capital Project Fund unappropriated fund balance to account
number 9200.702, Housing Rehabilitation, in the amount of $19,600
for the fiscal year 1984.
SECTION III. An appropriation is made from the Street Construction
Capital Project Fund unappropriated fund balance to the accounts
and amounts shown below:
Account Name and Number Amount
8100.250 Legal, Financial, Administrative $ 350
8100.700 Harrison Street Design $3,500
SECTION IV. An appropriation is made from the Utility Fund un-
appropriated fund balance to account number 5100. 706 in the amount
of $15,450 for fiscal year 1984.
SECTION V. An appropriation is made from the Airport Capital
Project Fund unappropriated balance to account number 8300. 700
in the amount of $5,150 for fiscal year 1984.
83-179 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARINGS ON PROPOSED
AMENDMENTS TO SECTIONS 2-7-2(a) and 11-8-4 OF THE
LEESBURG ZONING ORDINANCE
On motion of Mrs. Hill, seconded by Mr. Tolbert the following
resolution was unanimously adopted.
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
A Notice of public hearings to consider proposed amendments to
Sections 2-7-2(a) and 11-8-4 of the Leesburg Zoning Ordinance shall
be published in the Loudoun Times Mirror on November 30, 1983 and
December 7, 1983 for public hearing on December 14, 1983 at
7:30 p.m. in the Council Chambers, 10 West Loudoun Street,
Leesburg, Virginia.
99
MINUTES OF NOVEMBER 9, 1983 MEETING 3 / 3
83-180 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE TO
PROVIDE REGULATIONS FOR CERTAIN MULTI-FAMILY RESIDENTIAL
USES IN THE HISTORIC DISTRICT BY SPECIAL EXCEPTION.
On motion of Mrs. Hill, Seconded by Mr. Bos, the following resolution was
proposed:
WHEREAS, the Leesburg Zoning Ordinance has long provided regulations to
protect the historic and cultural assets and character of the historic
district; and
I
WHEREAS, historic structures, small and irregular lots and the scarcity
of vacant land in the historic district increase the cost of residential
dwellings; and
WHEREAS, the policy of the town is to encourage a wide range of resi-
dential uses amont the offices and commercial uses in the historic district
to permit residents to live near their jobs; and
WHEREAS, the policy of the town is to encourage renovation and adaptaive
reuse of existing structures in the historic district; and
WHEREAS, existing residential density limits of the B-1 and B-2 zoning
0 districts restrict the use of properties located within the historic
district contrary to the objectives of the town; and
WHEREAS, Section 15.1-491(c) of the Code of Virginia, as amended,
Q authorizes provisions for the granting by the town council of special
exceptions under suitable regulations and safeguards to permit uses
not generally allowed in a particular district except by special use
permits issued under the provisions of the zoning ordinance:
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 establish provisions and regulations for issuance of special exceptions
under suitable regulations and safeguards to permit a greater number
of one- and two-bedroom residential dwellings in the B-1 and B-2 zoning
districts on zoning lots located in the historic district under the
following general conditions:
(a) Special exceptions shall be issued by the towncouncil after
receipt of a recommendation by the planning commission and after
a public hearing pursuant to Section 15.1-431 of the Code of
Virginia, as amended.
(b) Special exceptions shall only be issued:
(1) Where by reason of the size or shape of a lot or where
the existing structure on a lot, or the use of or develop-
ment on lots in the surrounding neighborhood effectively
prohibits or unreasonably restricts the economic and
beneficial use of the property in furtherance of the
objectives of the town plan;
(2) Where the plan for use of the lot includes adequate
provisions for private off-street parking in reasonable
proximity to the lot, refuse storage and removal; light ,
air and space for the residents of the lot;
(3) Where the plan for improvement to the structure and
the proposed use are compatible with uses in the surround-
ing neighborhood;
(4) Where the plan provides for life safety improvements to
the structure involved in accordance with applicable codes;
(5) Where the plan for improvement enhances the historic
character of the structure and the surrounding neighbor-
hood; and
(6) Where public services are available sufficient to meet
the needs of the residents of the lot.
374 MINUTES OF NOVEMBER 9, 1983 MEETING.
SECTION II. A public hearing at which persons affected by this pro-
posed ordinance amedment may appear and present their views shall be
held beginning at 7 :30 p.m. , or as soon thereafter as the matter may
be reached, December 14, 1983 in the Council Chambers, 10 West
Loudoun Street, Leesburg, Virginia. In line with Section 15.1-431
of the Code of Virginia, as amended, this hearing shall be a joint
public hearing of both planning commission and town council. The
clerk shall give notice of this hearing on November. 24, 1983 and
December 1, 1983 and advise the planning Commission of the purpose,
date and time of the hearing.
SECTION III. The town manager shall prepare by November 16, 1983
appropriate legislation amending the Leesburg zoning ordinance to
incorporate the provisions and regulations initiated above.
SECTION IV. The planning commission shall report its recommendation
to the Town Council on the proposed amendment within thirty days
of the public hearing.
This ordinance is a result of Mrs. McVay's request to use the Hatcher
building for additional apartments . Mrs . McVay had applied to the Board
of Zoning Appeals for certain variances and was denied. Adoption of this
ordinance will permit conversion and reuse of some structures within the
Old and Historic District that have particular adaptive problems. This
proposed amendment does reserve to the Council this authority--which the
Council could possibly assign to the BZA. The resolution was adopted
unanimously.
AYE: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
NAY: None.
83-181- RESOLUTION - AUTHORIZING CONTRACTS FOR AIRPORT SEWER EXTENSION
PUMPING STATION MATERIALS AND MAKING AN APPROPRIATION.
On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution
was proposed.
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The manager shall enter into contracts for materials
for the airport sewer extension pumping station as follows:
Company Item Amount
Richmond Machinery & Equipment Co. , Inc. Generator $15,579
Richmond, VA
Fischer & Porter Company Flow meter and 4,972
Towson, MD appurtenances
Flow Industries, Inc. Sewage pumping 15,353
Baltimore, MD station package
SECTION II. An appropriation to remain in effect until the project
is complete is made from the unappropriated balance of the Airport
Capital Project Fund to the account and in the amount shown below:
Airport Sewer Line Construction, Account No. 8300.702 - $35,904
The resolution was unanimously adopted.
Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
Nay: None.
83-182 - RESOLUTION - MAKING AN APPROPRIATION FOR FISCAL YEAR 1984.
On motion of Mrs. Hill, seconded by Mr. Bos the following resolution
was proposed:
MEETING OF NOVEMBER 9, 1983 MEETING. 375
WHEREAS, the relocation of police patrol facilities outside the
town office at 15 West Market Street makes space available for
general office use: and
WHEREAS, the fiscal year 1984 budget includes funds for town
office remodeling:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Virginia as follows:
An appropriation is made from the General Fund unappropriated
balance to Account 114301.705, Town Office Renovation, in the
amount of $2,500.00 for fiscal year 1984.
This appropriation is for architectural work for the municipal office
building. Mr. Leuders will be doing this work. Mr. Niccolls stated that
the amount is greater than actually will be needed--it is overbudgeted for
contingencies. Mayor Sevila asked that Council be kept informed on these
costs. The resolution was then unanimously adopted.
m AYE: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
W Mayor Sevila.
r-F NAY: None.
0 83-183 - RESOLUTION - AUTHORIZING A SUPPLEMENTAL DEED OF DEDICATION AND SUB-
m DIVISION FOR SILVER OAKS SUBDIVISION, LOTS 1-45.
m
Q On motion of Mrs. Hill, seconded by Mr. Bos the following resolution was
proposed:
WHEREAS, the Deed of Dedication and Subdivision for Silver Oaks dated
August 1, 1983, was approved by the town and recorded in the office
of the Clerk of the Circuit Court for Loudoun County in Deed Book 828,
at page 1013; and
WHEREAS, certain easements for ingress-egress, utilities, storm
drainage, sanitary sewers and flood plains were established as shown
on the "Record Plat Showing Easements -- Silver Oaks", as recorded
in the Clerk's Office in Deed Book 838 at page 1019, et seq. ; and
WHEREAS, Sycolin Forest Associates, Inc. , owner of lots 1-45 inclusive
of Silver Oaks Subdivision, now desires to vacate and modify certain
of the easements in Silver Oaks Subdivision and to establish new and/
or relocated easements for ingress-egress utilities, storm drainage,
sanitary sewers, and flood plains on Lots 1-45 inclusive of Silver
Oaks Subdivision as set out on a plat prepared by Bengtson, DeBell,
Elkin and Titus, P.C. , Engineers and Surveyors, titled " Record Plat
Showing Easements -- Silver Oaks" and dated October 25, 1983:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized to execute on behalf of the town a sup-
plemental deed of dedication and subdivision in a form approved by
the town attorney modifying certain of the easements establishing
certain new and or relocated easements for ingress-egress, utilities,
storm drainage, sanitary sewers, and flood plains on Lots 1-45,
Silver Oaks Subdivision, as set out on a plat prepared by Bengtson,
DeBell, Elkin and Titus, P.C. , Engineers and Surveyors, titled
"Record Plat Showing Easements - Silver Oaks" and dated October 25,
1983.
M
Mr. Gheen asked what the out-of-pocket expenses for something like this
is and reiterated the need to consider the need for changes for matters such
as these. The resolution was then unanimously adopted.
AYE: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and
Mayor Sevila.
NAY: None.
376
MINUTES OF NOVEMBER 9, 1983 MEETING.
Mr. Willis then moved that the Council go into executive session under
authority of Section 2.1-344(a)2 of the Code of Virginia, as amended, which
allows discussion of acquisition and disposition of public held property.
This motion was seconded by Mr. Bos and the vote was unanimous.
Council reconvened.
Mayor Sevila then read and executed the following proclamation with
the concurrence of the remainder of the Council.
PROCLAMATION
BELIEVING THAT surgery today is highly technical, sophisticated and
EXACTING: and
BELIEVING THAT the registered nurse in the operating room is a
highly skilled expert in providing nursing care and managing the
operating room environment ; and
BELIEVING THAT the surgical patient is going through a major
crisis in his life; and
BELIEVING THAT the surgical patient needs expert care for his
mind and spirit as well as his body; and
BELIEVING THAT the registered nurse is also an expert in allaying
a patient's fears, preparing him for what will happen during surgery
and how he will feel afterward, and understanding him as a total
person; and
BELIEVING THAT the registered nurse acts as the patient's advocate
during surgery;
THEREFORE, BE IT PROCLAIMED that November 14, 1983 is Operating
Room Nurse Day, dedicated to the recognition of the registered
nurses who practice in the operating room of Loudoun Memorial
Hospital.
Meeting adjourned.
May r
Clerk offthe Council, Pro Tem