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HomeMy Public PortalAbout1984_03_14 q MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARINGS ON 52 SPECIAL EXCEPTION FOR McVAY APARTMENTS: JOINT HEARING WITH PLANNING COMMIS- SION ON PROPOSED AMENDMENTS TO SUBDIVISION AND ZONING ORDINANCES RE PIPE- STEM LOTS, CLUSTER SUBDIVISIONS AND PRIVATE STREETS, MARCH 14, 1984. A regular meeting of the Leesburg Town Council was held on March 14, 1984 at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. The meeting was called to order by the Mayor, with the invocation given by Mr. Tolbert, and followed with the Salute to the Flag led by Mr. Coffey. 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, Town Manager John Niccolls, Deputy Manager Jeffrey H. Minor, Assist- ant Manager for Planning and Development Marc Weiss, Director of Engineering Andrew G. Shope, Zoning Administrator Robert C. Forbes, 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 regu- lar meeting of January 25, 1984 were unanimously approved with one correction on Page 25 to note the makers of Resolution No. 84-14: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. PUBLIC HEARINGS: (a) SPECIAL EXCEPTION FOR JAN DICKSON McVAY There was no-one present to speak on this matter. The hearing was, there- fore, closed by the Mayor. Mr. Bos reported that Mrs. McVay appeared before the Board of Architectural Review and that Board approved a two-step application - one, to remove a part of the wooden structure on King Street and two, to rehabilitate and renovate the building on North Street. There was one dissenting vote and a lot of discussion on the merits of the issue. The Board basically favors the idea, but there are a lot of questions that are not in the Board's purview that Council needs to con- sider carefully. This is the purpose of the recent legislation for a special exception. Some of these concerns have been outlined in the staff report and • they will be discussed in more detail. The Board did approve Mrs. McVay's two historic district zoning requests. Mayor Sevila referred this matter to the March 21st Council meeting for action. (b) PROPOSED AMENDMENTS TO SUBDIVISION AND ZONING ORDINANCES RE CLUSTER SUBDIVI- SIONS, PIPESTEM LOTS AND PRIVATE STREETS It is noted that this is a joint hearing of the Council and the Leesburg Planning Commission. Chairman Lay reported that the Planning Commission has a quorum present. Town Manager John Niccolls reported that Council, on February 15th, adopted resolutions initiating amendments of the Leesburg Zoning Ordinance and Subdivi- sion andLand Development Regulations to revise regulations applicable to pipe- stem lots, cluster subdivisions and private streets. This joint hearing is, therefore, being conducted tonight. The proposed measures, as advertised and distributed to Mayor, Council, Planning Commission and the public requesting copies, do the following: They repeal permissive provisions authorizing, with Planning Commission approval, cluster subdivisions. They require Council ap- proval as opposed to Planning Commission approval for any preliminary or final plats containing pipestem lots and/or private streets. They clarify street frontage requirements for single-family and two-family lots - they define lot width and the term "wide" as used in the Zoning Ordinance, as well as the term "yard" and "private street". They revise the rules governing pipestem lots - specifically by prohibiting common driveways and double-tiering of pipestem lots (one behind another) . They clarify approvals required for final plats and specifications for private streets. The ordinances, as drafted, would not apply to subdivisions given preliminary approval by the Planning Commission prior to adoption of the ordinances, if they were adopted, so long as the approvals re- main valid under the terms of the applicable regulations. Mayor Sevila asked that those speaking attempt to limit their comments to five minutes. • MINUTES OF MARCH 14, 1984 COUNCIL MEETING. Mr. John Panarelli of 330-16 Fort Evans Road, appearing on behalf of 53 himself and his family, said the article in the newspaper spurred a lot of feelings in his family and amongst his friends. Cluster development is a lot different from the normal R-1 and R-2 development but, in his case, this is a reasonable and affordable way for him to get into home ownership. He has a moderate income and a family, so he needs a three or four-bedroom house. In Silver Oaks, they are getting a four-bedroom house for $84,000 - this way he will have a decent place to live and a safe place for his family. in a com- munity that he really likes. He is willing to give up some of his yard for a safe place for his children to play away from the streets. There are a lot of people in Leesburg in his age and income group that would like to own homes, rather than renting, so he sees Silver Oaks as a first try at giving this group a chance. Council has in its hands ordinances that could change the future of Leesburg, so it must weigh a lot of things before making a difficult decision. Mr. Bruce Brownell, a local developer with offices in Leesburg and who has made his living in this profession all his adult life, said he can deal with • facts, but dealing with people's tastes is not a technical issue. Edwards Ferry Mews was a case in point - clusters, pipestems and private streets were all sup- posed to be the real issues, but they weren't - the real issue was that the neighbors did not want him to build more than one house on a one-acre lot. The Zoning Ordinance became the vehicle to over-ride the Subdivision Ordinance. In order to assault pipestems, all sorts of allegations and imagined situations were created. There really aren't any inherent problems that can't be dealt with - the real issue here is growth. Employment centers have come closer to N Leesburg and car-pooling is fashionable again. Leesburg corrected its water and W sewer shortages it had in the late 70's and the economy is stabilized at the moment - growth is here and the question is how you are going to deal with it. Foxridge, Exeter, Westgreen and Silver Oaks are all cluster - one is not copying Q the other - there is little cooperation among developers in Leesburg. Not every- body is capitalizing on Leesburg's loose ordinances either. The trend is not only local - it is national. It has been said that cluster is an unproven theory - he felt the ultimate truth is in performance. We all knowthebuyer acceptance at Silver Oaks and Westgreen. He quoted statistics from the American Planning Institute's latest study on housing trends nationwide. Interest rates are pretty much stabilized now and in the 70's it was "bigger is better" - now it's "smaller • I is wiser." People now purchase what they need or whatever is less. Cluster housing, energy-efficient construction, relaxation of regulatory requirements, higher density and smaller lots - all the other tools of innovative design = 'are a national trend - these are facts. The difficulty with this issue is that you are not dealing with facts, you are dealing with individual prejudices and tastes. Mr. Howard objected to the time being taken by Mr. Brownell, whereupon Mayor Sevila asked him to conclude his remarks after the remainder of the scheduled speakers. Mr. Brownell agreed to this. Mr. Ernest DeCorte, of Hillsboro and a former County Planning Commissioner, is interested in Leesburg because it is his County seat and the action this Coun- cil takes affects him financially; also he has 111 years experience in dealing with such issues. He found it interesting to note that Mayor Sevila supports a conservative viewpoint on this particular concept, while Lawyer Sevila is handling one of the biggest developments in the County. Mayor Sevila corrected this state- ment to say "he handled one of the biggest non-developments in the County." Mr. DeCorte also noted that Mr. Bos takes a little less than conservative viewpoint on this issue - he hopes he will swing around from this concept of development. He felt the cluster concept is an excellent one properly applied. Cluster is not taking a piece of land and putting all the units possible on that land - it is coming up with an area of acceptable density homogenous with the area in which it is to be used, . leaving open playgrounds and open spaces. Bringing the houses closer together is acceptable. A developer does well with cluster - he will have less expense for utilities, roads, etc. , but he should not cram a house ' on practically every open foot of the land. Pipestem development is merely a developer's endeavor to sidestep the real concept of subdivision - it is to get away from building the roads. There are two good subdivisions in the County under the concept of road building - Rolling Hills and Countryside. The County planning staff came up with a good definition of subdivision and what it means - it goes into detail as to what you really want in subdivisions - it is supposed to be brought together with some kind of roadwork that will, in fact, make a community out of it. Mr. Stephen Robin, representing the Exeter development, distributed a one- page handout to Councilmembers and Planning Commission members. He did not be- lieve this to be an appeal, but a chance for the Commission and the Council to MINUTES OF MARCH 14, 1984 COUNCIL MEETING. 54 study this issue. They have tried to work with both bodies and have received a lot of cooperation on the part of both - they feel they have approval in terms of what they are trying to do. They have heard nothing to the contrary. However, this legislative proposal catches them amidships - they have three ap- plications in now for cluster zoning - they involve no pipestems and no private roads - they do involve cluster. What they propose does not take advantage of the full allowances of the present ordinance - they are about 28 percent below what they could have. He exhibited pictures of the kind of houses they plan - these are contracted for. They have filed their application prior to this proposal and hope Council will allow them to proceed forward. If it is delayed for a 60-day period, this would be detrimental to them. Mr. William Chapman, representing the owners of the Leesburg South tract, was concerned that this is a movement to abolish the idea of cluster housing de- velopment. The mixed use center concept the Town Plan Task Force has been work- ing on for a substantial period of time and the Planned Development Ordinance both have contemplated the concept of clustered residential units. If these are to be abolished in the R-1 and R-2 zones, they will spill over into the Planned Development zones - this will effectively gut the Planned Development ordinance. There will be no incentive for creative design on the part of a developer. He asked that Council and the Planning Commission take a good hard look at the impact this would have on the PD ordinance in the town and the an- nexed area. Don't abolish the idea of cluster housing. Mr. Clyde Lamond, of the Farmers and Merchants National Bank of Hamilton, . gave some feeling as a lender. When you look at a mortgage consideration, you look at the ability of the person to service that debt, although you look at the neighborhood, the quality of construction and access as well, but most im- portant is the individual. He feels there is minimal concern in the lending community that access has that much to do with a decision to make a loan. They -. are construction lenders at Westgreen and have had no problems with perform- ance. Mr. Jack Wallace, of 116 West Loudoun Street (in the Westgreen Subdivision) , likes it there for several reasons - affordability, not much lawn to mow, con- venient downtown location. It is an alternative to•::.more expensive townhouses and to many single-family homes on Cornwall, Liberty or Wirt Streets which have appreciated over the last few years. Having served on Council from 1969 to 1974 and as Finance Committee chairman during that time, he is familiar with ''' the town's finances. The operating losses are approximately $400,000 a year in the Utility Fund and there will be a cash balance by fiscal year 1986 of over $300,000, which means the Utility Fund will be bankrupt. The bond pur- chasers would not be too pleased with that. He felt one of the solutions would be to increase availability fees, but they are already pretty high. We have to look at an increase in users to offset the operating costs of the Utility Fund. Silver Oaks and Westgreen would just about meet 90 percent of one year's requirements for availability fees. Therefore, increasing users is a solution to the current financial crisis. New residences would increase personal property and real estate taxes, auto license fees, higher gross re- ceipts revenues and more commercial growth to meet the needs of an increased population. He agrees with Mr. Brownell - society has changed the type of community people want to live in and, out of financial necessity, many peo- ple cannot afford the more traditional subdivision homes, so pipestem and cluster developments offer an attractive alternative. Cost savings in West- green were passed on to the buyers and the town is ahead because it gets more revenues per developed acre and has less street per dwelling unit to maintain. If the people buying homes didn't like these, they wouldn't buy them. Mayor Sevila asked if he is a principal in Silver Oaks - he said he is. Mr. Arl Curry, of 119 Dry Mill Road, who has been a builder for 30 years and lives in Leesburg, looks at the situation from both viewpoints. Cluster subdi- visions could be used to benefit both the town and the developer. If something is not done soon to cut the costs of R-1 and R-2 lots, there will be few single-family homes built in Leesburg. Costs can be reduced by requiring less pavement./ width--on non-collector streets, sidewalks on only 'one side and by al- lowing lot widths to be less. The problem in the past was caused by not having proper regulations. Both the Subdivision and Zoning Ordinances need to be re- viewed by the planning commission, the council and an appointed citizens com- mittee. These comments should be organized by a committee of the council and the planning commission, with the revised and amended documents being forwarded to an experienced law firm in such documents. The regulations concerning clusters, pipestems and private streets should be repealed at this time. He submitted written materials for the record. MINUTES OF MARCH 14, 1984 MEETING. 55 Mr. Donald Devine, of 53 West Cornwall Street, a .lawyer and who has repre- sented the county in zoning matters, agreed with Mr. Curry. Cluster zoning is a planning and legislative issue - one that council will have to make up its own mind about. However, he was concerned about the infill lots which are un- occupied and of irregular shapes and which are being called pipestem lots with private streets - the county has had such problems for a long time. Standards should be set up for such private roads and the ordinance should distinguish which lots are irregular historically and which are those created by the owners of the original tract - one is a hardship case and the other an attempt to make some money out of that land. The best way is to eliminate pipestems and private streets. Mr. Mike Rich, a resident of 159 Edwards Ferry Road, said most of us in town pay both town and county taxes, so when we are told we need to intensify development in town in order to pay for our enlarged sewage treatment plant all we are doing is creating another tax bill to educate all the children in those families. There is no validity to such an argument as a taxpayer. It would be a good idea to limit the number of pipestem lots in a development. He felt the interpretation of the Zoning Ordinance has been more than liberal. He also sug- gested that no pipestem be located closer than ten feet to an existing lot - this was in the ordinance at one time and should be put back in. As to private streets, it is totally realistic that the town will have to take them over one of these days gSt so a 50-foot right-of-way should be left so they will meet the required standards. Regarding clusters, let's get the open space where it is needed in order to es- tablish useful common areas - for ballfields, etc. There should be some defi- nition as to what type of land density credits are given for - not give them for w land that can't be used for anything else anyway. He also felt that pipestem CO plats should still go to the Planning Commission first and that there should be no time limits. Let's not be in such a hurry in putting this together that we don't do a good job, even though it is costing the developers money. Somewhere there is a middle ground - let's all work together. The one common concern is that Leesburg be a good place to live. Mr. Alton Echols, of 1 West Loudoun Street, said clustering is a privilege - not a right - over which the Planning Commission has discretionary powers to approve or disapprove - it should continue this way. Clustering is being used to define four or five different things - it is different in commercial, in apartments or townhouses. The problem is when you get into single-family - there are attached and detached and there are different types of users. The builders and developers are trying to address the public need and necessity - they all want a good Leesburg. The purpose of clustering is not only to lower the cost of development of a lot (hopefully to pass on to the user) , but it is intended to increase the open space area. Leesburg has inappropriately defined the density of 4.356 as one's innate right, where the standard R-1 throughout the United States is approximately 3.2 to 3.4 dwelling units per acre after sub- tracting out the streets. When the lot shrinks down from 10,000 square feet to 6, that area is supposed to go into open space. Also, the private alleyway portion of streets should be built to state highway specifications, so they will last. Mr. William H. Campbell, of 170 Edwards Ferry Road, agreed with Mr. Brown- ell when he characterized Edwards Ferry Mews as "infamous" - a lot of the things being considered here tonight grew out of that controversy. These are things that are the legitimate concern of every citizen of this town and they are cer- tainly the concern of this Council if they are going to write good zoning ordi- nances that will serve everybody. Many of these issues are in the town and court records. He is very much opposed to private streets because they will create a patchwork of streets built to a substandard that will have to be main- tained by the citizens of the town eventually. He attempted to buy a house in the subdivision in Purcellville mentioned by Mr. Lamond and the Veteran's Ad- ministration would not underwrite the loan because it had_private streets. If you build a home on a private street so that it will not qualify for VA or FHA financing, you are limiting the market. He did not think pipestem lots are appropriate for Leesburg - perhaps in some unused corner in a new subdivision, but not for infill purposes or to provide more ways for the developers to make money - this is not an appropriate concern of the Zoning Ordinance. As to clusters, he has seen both good and bad. The one proposed by Exeter is a creative design and they are not crowded nor cluttered, so he doesn't object to creative design or progress, but he does object to creative greed - where the Zoning Ordinance is used to evade good zoning. Council and the Planning Commission need to take into account what happens to this town from now on. This is Leesburg - a nice open town - don't destroy it. MINUTES OF MARCH 14, 1984 MEETING. 56 Mr. Fred Howard, of Edwards Ferry Road, complimented Mayor Sevila on "catching the pulse-beat"of the town on the panic that is spreading from these developments that are changing the whole character of the town. He hoped coun- cilmembers will have the courage to stand behind the mayor's leadership in this movement. One of the lots proposed to be developed in Edwards Ferry Mews had only two feet of frontage on the road. He was not sure that the streets in several of the new developments are wide enough for trash trucks and fire trucks - streets should be wide enough for cars to pass. The proposed new planned development ordinance gives credit for densities, some of which could not be built on at all. It also gives 50 percent for a school site - schools are not the town's responsibility - they are the county's. If the streets are not adequate, it will eventually come back to haunt the council - the original owners will move away and new ones will want adequate streets for their taxes. He urged council not to create problems - study this ordinance - there is a lot wrong with it. It should be gone over by a trained planning expert. Plans should be approved by the Zoning Administrator, not by the Town Manager. Mr. Ted Roach, of 172 Edwards Ferry Road, said that with cluster housing, the houses are all built in one area, with the free space too far from the houses. One of the nice things about a large lot is that children can play in the back yard where you can keep your eye on them. Most of the lots have space for two vehicles - this leaves no place for visitor parking. The developer is required to set aside a fenced-in area for extra vehicles, but he would hesitate to park ., a car in such an area - it would be accessible for theft and vandalism. There would be no place for a garden either. If you are going to have clusters, the - " property for children to play, for parking, etc. should be contiguous to the home. Section 2.3 of the Zoning Ordinance indicates you shall not build a house behind another on a lot unless it is to be used by your family only - this should be maintained. He was pleased to see the council and the planning commission tak-1' ing an interest in this type of construction. Mr. Tom Malls said the council, the planning commission and the staff are going to move Leesburg forward in the 80's and are already facing a lot of hard decisions. Annexation, availability of utilities, the planning process are going to influence everybody for the next decade or two. Concerning clusters, he did not believe anyone in the planning community would say that any of these so- called problems are bad. Treatises on modern-day planning show that they are accepted practices and there are a multitude of examples both in Virginia and across the nation where they have been utilized in a good and productive man- ner. It can be more efficient use of land, more aesthetically pleasing and there are many economies from the standpoint of both the developer and the home- owner. As a concept, they are not bad, but perhaps they are not good either. The difference between good and bad cluster is the sophistication of the plan- ning that goes into the project and the execution of the project. He would hate to see the council and the planning commission reject an idea that is good and accepted as far as land utilization and planning is concerned. He asked that they look at it closely - the concept is sound and proven throughout the nation. Deal with it as opposed to ignoring it by pushing it aside. Mr. Brownell continued his remarks, commenting on Mr. Coffey's communi- cation to the Task Force members sometime ago as to why private streets should be prohibited. Leesburg already has private streets - in almost all of its townhouse communities, in all its commercial communities and in almost every zoning category. Loudoun County has a vast network of private streets and pipe- stems created by developers. Fairfax has over 250 miles of private streets and has:- had them for fifteen years and he has not found one case where any com- munity has been petitioned, forced or asked to accept any private street into the local system. VA and FHA will fund on private streets as long as they are properly established. Cost savings are not the reason for private streets - they are used to create privacy, a sense of community, to fit human scale and adapt to existing conditions - it can be designed to fit the need rather than the book. Sometimes cost savings do result and can be significant, but that is only sometimes. This area has never before been subject to public regulation and he hopes it will not become part of the subdivision process. Every addi- tional block of street costs the town more money - the State contributes to the town's cost of maintenance, but this payment comes from the taxpayers. As to Silver Oaks, he asked if anyone remembers what it was like when Sterling Park, Brandon or Prospect Hills was being built? No driveways are paved, almost no outside painting is complete, almost no sidewalks are in, no yard is seeded, few are graded and there is $50,000 worth of landscaping that is not installed. There is mud everywhere, so it is at its worst now - it will be a lot harder to criticize six months from now. He expounded on the history and the good points of Silver Oaks, saying it is the most affordable in Northern Virginia and it has B-2 zoning, which is good for commercial, retail, office, multi-family, townhouse, duplex and single-family. The lots are small; but the houses are energy-efficient i I MINUTES OF MARCH 14, 1984 MEETING. Cry and expandable - they are well built and almost maintenance-free. Eighty 5 / percent of the purchasers are first-time buyers and ninety percent are from I Loudoun County. The average income is between $20,000 and $25,000 - that hardly indicates a throw-away neighborhood. He enumerated the possible 1 changes he could have made in the subdivision, citing the rising costs as a result thereof. Silver Oaks uses the cluster as a vehicle to accommodate what is a dense residential community, but it is an alternative. The whole process of land subdivision is done by engineers designing around roads - the only reason the public bodies got involved was because of roads and utilities - not lot sizes and shapes. Though Silver Oaks is not right for every section of town, it is that discretionary approval that allows you to put it where it is appropriate. The PD and the cluster both give the council and the planning commission, if it desires, the ability to create communities that fit a specific site and a condition. If you want to prohibit affordable housing or any housing that doesn't meet your individual tastes, pass as many restrictions as are necessary. If you want Leesburg to be all townhouses and condominiums, you can do that too. He had no reservations in saying that he is very proud to have created Silver Oaks. Mayor Sevila asked Mr. Brownell to explain again the rising costs per lot created by the different alternatives. This was done. Mr. Echols continued by saying that tap fees for Leesburg, Purcellville, Round Hill (and other towns are going the same way) are higher than any munici- Cr palities__in::the:Uttited States -- this precludes any decent builder such as Arl Curry, Bruce Brownell and others from coming in. The start-up costs are $3,000 r- to $4,000 more on the front end. Mr. Gheen, for instance, has seen approxi- N mately $50,000 go down the drain in the last 25 years. He would award blue W ribbons to Mr. Curry, Mr. John Wallace, Sr. , Mr. Bradshaw and Mr. Schaeffer m (developer of Prospect Hills) for their entry-level homes over the past years Q and would reserve judgment as to whether a fifth would go to Silver Oaks. He requested the council to consider having the Planning Commission appoint a task force to study this serious problem - it is beyond clustering - it is af- fordable housing and is Leesburg's heritage. Also, to ask this task force to run a survey through those who have bought in Silver Oaks and a comprehensive and fair one to the developers - they deserve a fair review. He asked that his fellow developers, when addressing this or any otherbody, contain their , remarks to the merits or demerits of the project - not point to any one person. Mr. Terry Titus asked that the record be left open through Friday of this II1 , week for any written comments. Mayor Sevila granted this request and asked that the Planning Commission keep its record open also. Mayor Sevila also added to the record a letter from Mr. and Mrs . Harold Clippinger, one from Mr. Beckham Dickerson, a submission from Mr.. Stephen Robin, several submissions from Mr. Arl Curry and two letters from Col. Michael Grenata. He declared this public hearing closed, with the record to be left open through Friday of this week. Mayor Sevila declared a five-minute recess at this time. The meeting was reconvened and proceeded in normal order. COUNCILMEMBER COMMENTS: Mr. Bos reported that the Economic Development Advisory Committee met this morning with a long agenda. They are continuing to work on the State certifica- tion program; the tourism brochure is being distributed; the East Market Street r survey is just about finished (BDE&T is doing this as a donation to the town) . It looks as though we are making some headway with the Historic Landmarks Com- mission on the Market Station project. Jan Shepherd has been working hard on getting the Farmer's Market started by July. Mr. Elsea of the DBA was present and there was some discussion of problems in the downtown area. Also, Peter Dunning of the Bluemont Concert Series gave a talk on the concert series for this year in terms of tourism and economic development. Mr. Gheen said the plan to renumber and rename streets has caused some un- happiness in some quarters - there are some legitimate requests. Mrs. Hill said she has 215 signatures from the Heritage Square group, re- questing to keep the Adams Drive and Hancock Place street names - they do not want Edwards Ferry Road. She has also had requests that Club House Drive be left as the street designation in that area - they would also like a street sign at Route 15. Mayor Sevila said we will be hearing more from these people and Mr. Gheen said a petition is being circulated in this area. p MINUTES OF MARCH 14, 1984 MEETING. 8 Mr. Coffey said he has received the same type of phone calls regarding these two locations - the people are very upset. The Town Plan Task Force hopes to have the Plan to the council and the planning commission shortly. Mr. Tolbert had also received the same complaints concerning the house II renumbering. MAYOR'S REPORT: Mayor Sevila asked for a staff report at the next workshop relating to the ownership of Club House Drive and what obstacles might exist in considering this road for inclusion into the street system. Also, any exceptions to be con- sidered from the street numbering system. He asked if the matter concerning Balls Bluff Cemetery will be on the next agenda? Mr. Niccolls said it will be either the 21st or the next meeting - we are waiting for the County to complete its action so we can adopt a similar resolution. MANAGER'S REPORT: Mr. Niccolls felt the Club House Drive matter has already been resolved. Mr. Forbes interpreted the ordinance adopted by council to refer to public streets. The definition of street in the Town Code means a public thoroughfare, so he in- terpreted it correctly. However, we are taking a look at that definition. The town didn't intend to limit its numbering plan to just the public streets - it was intended to cover all the properties in the town. He has directed Mr. Forbes to number the apartments and other properties off of Club House Drive, and other private streets where it is appropriate, with the private street num- ber. So the Country Club Apartments will be moved from 9-- South King Street(which doesn't make any sense) to 200 or 300 Club House Drive. Pat Hollands- worth was very happy with this. As to Heritage Square, this is slightly dif- ferent. They are private streets and could probably be integrated into the system, but there are too many units to fit into the numbering system. So we may have to just leave the numbers as they are - he is prepared to do this if Council has no objection. So we are not sending a notice to them at the same time the others are going out. There will be a few other minor problems. Notices will be going out in about seven days. The street name signs are being manufactured. Mayor Sevila felt that, in view of the number of people living in Heritage Square and in the Country Club Apartments and for the healtOor safety and public welfare of our community, these streets would qualify a $40 sign and a $10 steel post. He suggested considering some criteria for a public street name sign on a private street. He asked how many other private streets we have that are affected by this? Mr. Niccolls said there are Honicon Court. and Chevy Chase Court - he will give a list for the next meeting. We normally do not name private drives, but if Council authorizes this, it will be done. He spoke with Joanne Contee of the Justice Department today regarding the town's two requests for pre-clearance under the Voting Rights Act - one on the annexation and one on the election issues (revision of the town elec- toral boundaries, the location of a polling place and the conduct of this special election) . She was very optimistic that the necessary pre-clearance action would be made in time for the special election. The State Board has said it will not print ballots or conduct the special election without the Justice Department pre-clearance in advance. He asked her to advise him immediately when those documents are available and we will pick them up and take them to Richmond by hand. She understands this and it looks like it is working out. Mr. Gheen asked if this would apply to the four-year election as well? Mr. Minor said the people in the annexation area can't vote in the four-year elec- tion. Mr. Bos asked about certifying the signatures of candidates? Mr. Nic- colls said he hoped they had enough signatures within the town because the State Board is testing the rules as they exist today. He has reaffirmed our need for expeditious handling. We have avoided any actions involving our representative or senators with regard to the Justice Department. It is very important to the integrity of the voting rights staff - he thinks we should wait until the last minute to do that. The packet included a draft letter that was circulated to the Loudoun County Sanitation Authority Board of Directors at its meeting last Tuesday. The Board, at that meeting, adopted a position favoring a water supply scheme to Western Loudoun involving the purchase of additional water from Fairfax and routing a transmission line basically through the Leesburg area out west. Under the circumstances, much further staff effort doesn' t seem warranted. Mr. Gheen said he did abstain from voting on that decision lest there be a conflict of interest. MINUTES OF MARCH 14, 1984 MEETING. Mayor Sevila has set a workshop on the Planned Development ordinance . 59 for Monday, March 19th at 7:30 p.m. Mr. Bos asked if there is a problem concerning the Flight Service Station? Mr. Minor said there have been two meetings this week to try to resolve some of the problems we have experienced. Everybody (the architect, the contractor and thetown) is frustrated because of the weather. They met with Mr. Moss on Monday and today with the architect. Basically, they want to insure that the architect and the contractor are doing everything within their ability to try to expedite the project. The contractor, because of the weather, hasn't had enough manpower - he could have had a 20-person crew and gotten the floor area dried out a little better. They are about 30 days behind schedule. We have refigured our budgets and look for maybe a June 1 occupancy for both buildings. The big thing now is to pour the floor and he can proceed with no thought to weather. All sides are still working hard and doing a good job - there are no insurmountable problems. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following ordinance and resolutions were proposed and unanimously adopted :as consent items: 84-0-12 - ORDINANCE - AMENDING SECTION 10-131 OF THE TOWN CODE. WHEREAS, an engineering and traffic investigation has been conducted by the town which substantiates the need to adjust speed limits on Long Lane: N W THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia CO as follows: SECTION I. Section 10-131 of the Town Code is amended to read as fol- lows: Sec. 10-131. Speed Limits The maximum speed limits on streets within town shall be 25 miles per hour, or as prescribed in this section, and no person shall drive a motor vehicle in excess of such maximum limits. Upon the following streets within the town, between the points hereinafter indicated, the maximum speed limit shall be the speed hereinafter indicated and no person shall drive a motor vehicle between such points in excess of such maximum speed limit: (a) King Street: 55 miles per hour from Balls Bluff Road to 500 feet north of the 1983 corporate limits. (b) King Street: 35 miles per hour from 500 feet north of the 1983 corporate limits to the 1983 corporate limits. (c) King Street: 35 miles per hour from First Street to Gover- nor's Drive. (d) King Street: 45 miles per hour from Governor's Drive to Country Club Drive. (e) Edwards Ferry Road: 35 miles per hour from Plaza Street to the east corporate limits. (f) King Street: 55 miles per hour from Country Club Drive to the south corporate limits. (g) Market Street: 55 miles per hour from the east corporate limits to 600 feet east of Lawson Road. (h) Market Street: 45 miles per hour from 600 feet east of Lawson Road to 500 feet west of Lawson Road. (i) Market Street: 35 miles per hour from Route 15 by-pass (north entrance) to Ft. Evans Road. (j) Evergreen Mill Road: 35 miles per hour. MINUTES OF MARCH 14, 1984 MEETING. 60 (k) Mason's Lane: 35 miles per hour from South King Street to Evergreen Mill Road. (1) Long Lane: 35 miles per hour from Evergreen Mill Road to 1000 feet east of Evergreen Mill Road intersection. (m) Long Lane: 45 miles per hour from 1000 feet east of Ever- green Mill Road intersection to Sycolin Road. (n) Lawson Road: 35 miles per hour from Sycolin Road to 1200 feet east of Sycolin Road. (o) Sycolin Road: 45 miles per hour from the Route 15 by-pass. to the south corporate limits. (p) Route 15 and Route 7 by-pass: 55 miles per hour exclusive of access ramps. SECTION II. The manager shall clearly indicate by markers or signs the maximum speed limits established by this ordinance. SECTION III. All prior ordinances and resolutions in conflict herewith are repealed. SECTION IV. This ordinance shall be effective upon the placement of ap- propriate signs and markers indicating the maximum speed limits estab- lished herein. 84-33 - RESOLUTION - GRANTING VILLAGE SQUARE ANTIQUES PERMISSION TO HOLD ANTIQUE ' , SHOWS IN LEESBURG ON SUNDAY, JUNE 24, 1984 AND SUNDAY, OCTOBER 7, 1984. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Village Square Antiques is granted permission to hold an- tique shows on the streets of Downtown Leesburg on Sunday, June 24, 1984 and Sunday, October 7, 1984 in the following locations: King Street West side from Market Street to Loudoun Street Loudoun Street North side from King Street to Wirt Street; Market Street South side from King Street to Theater; and Municipal Parking Lot South of Town Offices 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 exhibitors for the above dates. 84-34 - RESOLUTION - AUTHORIZING A PARADE PERMIT. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to issue a permit under Section 10-13 of the Town Code fo the Loudoun Memorial Hospital for a runner's marathon to be conducted on May 12, 1984 and is further authorized to close Loudoun, Ayr, Market, Wirt and Cornwall Streets, Memorial Drive and other streets as necessary for the event. SECTION II. The permit may contain reasonable and appropriate condi- tions as determined necessary by the manager and shall require the town to be named as additional insured under a $500,000 public liability in- surance policy secured by the Loudoun Memorial Hospital. MINUTES OF MARCH 14, 1984 MEETING. 84-35 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING ON PROPOSED AMEND-61 MEND-61 MENTS TO SECTIONS 13-52 AND 13-73 OF THE LEESBURG SUBDI- VISION AND LAND DEVELOPMENT REGULATIONS. A Notice of Public Hearing to consider proposed amendments to Sections 13-52 and 13-73 of the Leesburg Subdivision and Land Development Regu- lations shall be published in the Loudoun Times-Mirror on March 22, 1984 and March 29, 1984 for public hearing on April 11, 1984 at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. 84-36 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON REZONING IIZM-45 BY LEESBURG JOINT VENTURE, INC. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider Rezoning ZM-45 by Leesburg Joint Venture, Inc. to have rezoned from R-1 to R-3, 47.1548 acres of land lo- cated on the west side of the Leesburg (Route 15) By-pass, bounded by State Route 837 on the north; Carrvale Subdivision, Phillips, Loudoun County School Board and Paxton Home on the south; Route 15 Business on the west and the Leesburg (Route 15) By-pass on the east, shall be pub- lished in the Loudoun Times-Mirror on March 22, 1984 and March 29, 1984 for public hearing on April 11, 1984 at 7 :30 p.m. in the Council Cham- bers, 10 West Loudoun Street, Leesburg, Virginia. N 84-37 - RESOLUTION - ESTABLISHING JUST COMPENSATION AUTHORIZING ACQUISITION OF W AN AVIGATION EASEMENT FOR LEESBURG AIRPORT'S OBSTRUCTION CO REMOVAL PROJECT. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager, as required by Title 25, Chapter 6, Article 3 of the Code of Virginia 1950, as amended, shall certify just compensa- tion of $100 as determined from an appraisal and review appraisal for the property of Mrs. Mary Jane Miller (record owner) and Richlynn De- velopment, Inc. (contract purchaser) as shown on a plat prepared by Ross and France, Ltd. dated November 17, 1983 to be acquired by the town for compliance with Part 77 Federal Aviation Administration re- quirements. SECTION II. The manager shall accept on behalf of the town the ;9.2545 acre avigation easement, in a form approved by the town attorney, from land owned by Mrs. Mary Jane Miller (record owner) and Richlynn Devel- opment, Inc. (contract purchaser) , as shown on a plat prepared by Ross and France, Ltd. dated November 17, 1983, at a price not to exceed $100. Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 84-38 - RESOLUTION - CONSENTING TO APPOINTMENTS TO THE ENVIRONMENTAL ADVISORY COPMISSION. On motion of Mrs. Hill, seconded by Mr. Tolbert, Council unanimously voted to reconsider Resolution No. 84-24 adopted on February 22, 1984: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mr. Coffey, seconded by Mr. Gheen, Council voted unanimously to table Resolution No. 84-24: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: MINUTES OF MARCH 14, 1984 MEETING. 62 WHEREAS, the Environmental Advisory Commission was established by Ordinance No. 83-0-32 on October 26, 1983 to enhance the quality of life in Leesburg; and WHEREAS, citizen and business participation is needed in this ef- fort; and WHEREAS, the mayor has made the following appointments subject to the consent of the town council: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir- ginia as follows: SECTION I. The consent of the town council is given to the appoint- ment of the following persons to the Environmental Advisory Commis- sion for terms ending January 30, 1984, in accordance with Chapter 2, Article VIII of the Town Code: Rosalin Dietz Nathaniel B. Jacques, Sr. Vance Lee Fowler Colin MacDiarmid Fred Z. Hetzel Peter Packard SECTION II. The consent of the town council is given to the appoint- ment of the following persons to the Environmental Advisory Commission for terms ending January 30, 1986, in accordance with Chapter 2, Ar- ticle VIII of the Town Code: Jason Cohen Burke McCahill Janet C. Frey Robert F. Montgomery, Jr. James M. Hudson Alan Raflo Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 84-39 - RESOLUTION - AUTHORIZING A CONTRACT FOR REMOVAL OF OBSTRUCTIONS AT LEESBURG MUNICIPAL AIRPORT AND MAKING AN APPROPRIATION. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolu- tion was proposed and unanimously adopted: WHEREAS, the Town of Leesburg has secured federal and state grants to fund 95 percent of the cost of removing obstructions to the approach, transitional and primary surfaces at Leesburg airport; and WHEREAS, sealed bids for this work were solicited in accordance with Leesburg's purchasing policies; and WHEREAS, the project engineering firm of Campbell, McQueen and Paris, Engineers, has certified to the town that the lowest and best bid re- ceived is from A. L. Nance, Inc. of Sterling, Virginia: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall execute, on behalf of the town, a lump sum contract with A. L. Nance, Inc. of Sterling, Virginia in the amount of $116,157 for the removal of obstructions at Leesburg Municipal Air- port, in accordance with the General Requirements and Technical Speci- fications for the project prepared by Campbell, McQueen and Paris, Engineers. SECTION II. The informational signs and temporary seeding shall be ex- cluded from the contract. SECTION III. 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: Obstruction Removal, Account Number 8300. 707 - $118,557 Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. MINUTES OF MARCH 14, 1984 MEETING. qq 84-40 - RESOLUTION - AUTHORIZING AN AGREEMENT,• APPROVING A PERFORMANCE GUARAL- TEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSION PERMITS FOR PLAZA VILLAGE CONDO- MINIUMS. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager is authorized to execute on behalf of the town an agreement (Form PC-2) with Plaza Village Condominiums of Leesburg for installation of public improvements shown on plans approved by I! ' the Planning Commission and Director of Engineering for Plaza Village Condominiums. SECTION II. The extension of municipal water and sewer for this fa- cility is approved in accordance with Sections 19-18 and 15-9 of the Town Code. SECTION III. A surety bond from Peerless Insurance Company in the a- mount of $70,012 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of En- gineering for the Plaza Village Condominiums. Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and CO Mayor Sevila. Nay: None. Q 84-41 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING REGARDING THE FINANC- ING OF THE ACQUISITION AND. CONSTRUCTION OF FORT EVANS APARTMENTS BY THE ALEXANDRIA REDEVELOPMENT AND HOUSING AUTHORITY. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, there is no Redevelopment and Housing Authority in the Town of Leesburg in Virginia created pursuant to the Virginia Housing Authority Act; and WHEREAS, the Act permits the Alexandria Redevelopment and Housing Au- thority to assist owners in financing the project as hereinafter de- fined (such financing to include without limitation, any and all sums required for construction, reconstruction, repair, rehabilitation and/ or acquisition) , provided that the town council first adopt, after a public hearing, a resolution finding (a) there is a need for the Au- thority to exercise its powers in the town, (b) there is a shortage of safe or sanitary dwelling accommodations in the town available to persons with low income at rentals they can afford, (c) these condi- tions can best be remedied through the exercise of the Authority's power in the town and (d) whether the town council should approve this financing pursuant to Section 103(k) of the Internal Revenue Code: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider whether a need exists for the Au- thority to exercise its powers under the Virginia Housing Authority's law in the Town of Leesburg in connection with the financing and re- habilitation of, and construction of a 60-unit addition to, a multi- family housing project known as the Ft. Evans Apartments housing proj- ect (the project) for persons of low income, shall be published in the Loudoun Times-Mirror on March 22, 1984 and March 29, 1984 for public hearing on April 11, 1984 at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, Leesburg, Virginia. Mr. Gheen suggested that a copy of this resolution be forwarded by the staff to the Resident Manager of Fort Evans Apartments. The resolution was unani- mously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. I MINUTES OF MARCH 14, 1984 MEETING. 84-42 - RESOLUTION - AUTHORIZING AN AGREEMENT FOR DATA PROCESSING SERVICES AND SHARED SOFTWARE SYSTEMS. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was proposed: WHEREAS, the Town of Leesburg desires to improve its financial manage- ment through automation of the accounting, payroll and utility billing functions; and WHEREAS, the Loudoun County Public Schools Office of Computer Services has agreed to continue to provide data processing services to the town; and WHEREAS, Loudoun County has agreed to share its software systems with the town on the Computer Service Center's equipment: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows : The manager shall enter into a five year memorandum of understanding with Loudoun Countyand the Loudoun County Public Schools Office of Computer Services for data processing service including the shared use of software systems. Mr. Gheen felt this is an important step Council is taking in updating its ability to do several things in the town, financially speaking. It will go into7finan- cial accounting and management information system, which will enable not only the staff, but the council, to understand better what goes on because of the information and control it gives. It is not without some cost - it will total some $15,000. In his judgment, it is well worth it. The resolution was unani- mously adopted: Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. 84-43 - RESOLUTION - MAKING APPROPRIATIONS FOR FISCAL YEAR 1984. 111 On motion of Mrs. Hill, seconded by Mr. Coffey, the following resolution was proposed-and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION 'I. An appropriation is made from the General Fund unappro- priated fund balance to the accounts and in the amounts as shown be- low: Account Name and Number Amount 1201. 700 Equipment $ 1,000 1214.709 Equipment 15,625 4301.705 Town Office Renovation 4,000 SECTION II. An appropriation is made from the Utility Fund unappropri- ated fund balance to account number 5000.250, Legal, Financial, Admin- istrative, in the amount of $20,000. SECTION III. The General Fund appropriation to account number 4301.704, Equipment-Fixtures, in the amount of $5,000 is. rescinded. Aye: Councilmembers Bos, Coffey, Gheen, Hill, Tolbert, Willis and Mayor Sevila. Nay: None. There being no further business, on motion of Mr. Tolbert, seconded by Mr. Coffey, the meeting was adjourned. Mayor Clerk of te Council