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HomeMy Public PortalAbout1984_10_24 MINUTES OF REGULAR MEETING OF OCTOBER 24, 1984 AND PUBLIC HEARINGS ON PROPOSED 252 AMENDMENTS TO SUBDIVISION ORDINANCE RE LAND DEVELOPMENT OFFICIAL AND PROPOSED AMENDMENTS TO ZONING ORDINANCE RE MOTEL SIGNS, OCTOBER 24, 1984. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia on October 24, 1984 at 7: 30 p.m. 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. Bos. Present were: Mayor Robert E. Sevila, Councilmembers Charles A. Bos, Arl Curry, Marylou Hill, Brian T. Kelley, John W. Tolbert, Jr. and Charles J. Williams; also, Town Manager Jeffrey H. Minor,' Director of Finance Paul E. York, Director of Utility Plants Randolph W. Shoemaker and Acting Zoning Administrator Mark Nelis. PETITIONERS: Mr. Steve Gates, Project Manager for Camp, Dresser and McKee, advised that their firm is providing services during the construction of the wastewater treat- ment plant. They advertised the project in late August and have sold nearly 110 sets of contract documents to approximately 65 separate plan holders. They will expect approximately 12 bids next week. There are an additional 29 equipment or material suppliers holding plans expected to participate in the bid, as well as 13 major sub-contractors. They are very much encouraged that there is sig- nificant competition with respect to this bidandpleased that there is so much interest in the project. The higher the level of competition, hopefully the better 'the bids will be. They -have -done some additional work to promote a cost- effective bid and they were able to identify several areas in the documents where they could offer changes that would have a cost savings. (the waterproofing re- quirements, some of the administrative procedures that should minimize any con- tingencies the contractors might carry in their bids, the revision of the bidding ` documents to include deductible alternates in order to identify 'major .portions of the work that will be bid separately?to allow the town to look at the bids when they come in - this will allow flexibility as to how the contract is awarded) . The grant has been approved, the engineering contract has been approved by the State and EPA and the contractor should begin work by the first of the year. Bids are scheduled for next Wednesday at 2:00 p.m. - they will review them for accuracy and completeness with respect to compliance of the bidding terms and make a recommendation. Council will then need to make a conditional award based on State and EPA approval - then they can make the necessary applications for final State approval and modification of the grant based on the actual bid amount EPA will take several weeks to approve the package - then they will be ready to sign the contract documents, issue the notice to proceed, conduct the pre-con- struction meeting and proceed with construction. They are looking forward to working with the Council during the entire project. Mr. Bos asked if they an- ticipate construction being underway by the first of the year?- - Mr. Gates could see no problem at this time, but there is always a potential for a bid protest, however, they are having cooperation now from the bidding com- munity and there is no indication at this time of such a protest. Should this occur, they would have to digress and go from there. His experience is that EPA is sympathetic to that type of problem and would probably cooperate. The bid- ding process is open to the public. Mr. Burke McCahill, Chairman of the Environmental Advisory Commission, ac- knowledged the presence of Mr. Fred Hetzel and Col. Peter Packard, members of the Commission. One of the functions they were given was to try to select businesses and organizations worthy of note and merit in the way they contributed to the overall environment of Leesburg and, hopefully, the aesthetic beauty of the town. A small budget has been approved by Council for awards to such businesses, etc. They have selected three organizations for such awards, as follows: (1) the Roy Rogers Restaurant - for an outstanding job in landscaping around their busi- ness - they have been with us for over a year and have shown they are going to maintain this property; (2) the new Goodyear Tire Store for (a) their voluntary compliance with certain aspects of the East Market Street design study with re- spect to signage and (b) the manner in which they have located the business and the architectural design of the building - it is an attractive business addi- tion to the community; and (3) the Downtown Business Association for its efforts and work in putting up the planters on King Street. They would like to see Coun- cil vote on this quickly - they would like to present these awards as soon as pos- sible so that others will join in the effort to beautify the town. The Environmental Advisory Commission voted unanimously last night to sup- port the ordinance revising sign regulations for motels, which is on the agenda tonight. It is important that this be done and they appreciate the expeditious handling of this matter by the Council and the staff. They do have some concerns MINUTES OF OCTOBER 24, 198.4 MEETING. 2 5 3 that, by singling out the hotels and motels, the town will be charged with 4 selective discrimination against them. The Commission feels this is a good time to act on a comprehensive ordinance dealing with all signage in Leesburg. They ask Council to consider direction to staff to begin work on such an ordi- nance before something happens that is really damaging to the town. Mr. Bos commented that the Committee is serious about this. He was glad the East Market Street study is doing what was intended. The monument signs work better than the higher ones - when the businesses realize this, then the voluntary compliance becomes in their own best interest. Concerning the awards program, the effect of this program works only if publicity is done in the proper way. Mr. McCahill felt this should be done in a public Council meet- ing where it would receive the proper publicity - also, it might be worthy of some publicity in the "Lamplighter" - a little pat on the back is always help- ful. The press might also pick up on this. Mr. Tolbert commented that he picked the same three businesses for awards, however, in a little different order. Mayor Sevila felt the awards should be referred to committee for report back to Council. Mr. Williams commented that the Finance and Administration Conmittee has already taken this under advisement and determined that there is enough money to make these awards. N N Mayor Sevila suggested that Mr. McCahill, Mr. Hetzel and Col. Packard dis- cuss the sign ordinance revisions and bring back some recommendations. How- ever, Mr. Minor advised that the sign regulations are a part of the overall Zoning Ordinance consolidation. Staff has been working on this and feels that Q this is an important item and can be done in the next couple of months, to in- clu5eYOwthe town's special legal counsel in Fairfax. He suggested that it might be well to have staff generate the ordinance and the Council then receive input from the Commission. Council adopted a resolution a month ago and approved an outline for the Zoning Ordinance which included the sign ordinance. This could be broken out and put to good use and adopted, even though consolidation of the entire ordinance might be six months away or more. There would be a public hear- ing if they want to adopt them alone. It would take about 60 days to accomplish ' all of this. Mr. McCahill said they agree whole-heartedly with Mr. Minor's ap- proach - they think this should be singled out and begin work on it right away. Mr. John C. Jordan, President of Capital Investors Corporation, exhibited a proposed cluster plan for Catoctin View Subdivision and requested that Council consider this at its committee meeting on November 6th. They prefer the cluster plan, but it is possible that the project could still be built as conventional. They feel the cluster approach is more beneficial to the neighborhood. They are not seeking approval of the design now, but hope it will not be delayed. He ex- plained that the density for the cluster plan is slightly smaller and has per- haps one less lot than under the conventional approach. They view the bike path as a great asset to the community - this would be more accessible via the cluster project and there would be fewer homes backing up to the properties on Anne Street. Mr. Curry suggested having the green area, where there is already a nice berm and landscaping, in between the two subdivisions - this would give good ac- cess from both to the bike path. He felt the property owners in the neighbor- hood would be better pleased. Plats were distributed to Mr. Gheen and to Mr. Hill, who passed them around to those living on Anne Street. Seven of the eight property owners preferred the conventional sketch. Some definitely felt there should be a utility easement between the two subdivisions - there is no provision for storm water. Mr. Shope said they are not prepared to answer that at this time - this would be in the preliminary plat review and during the construction drawing preparation - it would conform to whatever regulations are in effect then. Mr. Reginald K. Gheen reported that most of the property owners on Anne Street preferred the conventional type of development, primarily because the lot sizes would be smaller than those on Anne Street - possibly that if the lot is smaller, then the houses would be smaller. Whichever plan they use, there should be a buffer between Anne Street and the new subdivision and there should be a 10-foot easement dedicated to make a 20-foot easement between the two prop- erties - this would allow space for utilities. They were also concerned with drainage since there have been some problems in the case of severe rains. Should Council decide that cluster would be preferable, they are willing to negotiate. Mr. Jordan said they want to fit into the neighborhood. MINUTES OF OCTOBER 24, 1984 MEETING. 254 Mr. Williams was concerned about the ingress-egress cut-away at the sight level. Mr. Shope said this will be reviewed again at the construction drawing or preliminary plat stage. There is a requirement of a 350-foot sight distance so you can see a two or three foot object in the road looking out from your car. It appears that this is not a problem. There were further questions concerning the number and size of lots in the cluster vs. residential plan, type of homes to be constructed, yard re- quirements and a buffer between the two subdivisions . Mr. Gheen commented that there are not many good trees in the present screening strip. Mayor Sevila believed that Mr. Jordan is merely seeking an indication from Council as to whether it is worth presenting a cluster plan for this subdivision. Comments from councilmembers were as follows: Mr. Bos saw no substantial difference in the two concept plans - he be- lieves the cluster plan offers some advantages with access to the bike trail - this would make a nice community. Perhaps they can negotiate some matters with their neighbors. Mr. Williams gathered the majority of the citizens on Anne Street prefer the conventional plan and the green space could be worked in there. The devel- oper could most likely put in an easement to the bike trail. He, therefore, would be in favor of the conventional development. Mrs . Hill concurred - she believed Mr. Jordan should go with what the citi- zens on the existing street want. Mr. Curry did not see a lot of difference in the two plans, but he would go along with the people on Anne Street. Mr. Kelley also felt they should go with the citizens on Anne Street. Mayor Sevila thought perhaps the citizens of Anne Street might be accommo- dated if their gardens, etc. on the back of their properties are not disturbed. They just want the development to be compatible with theirs. Mr. Gheen added that most of the gardens, etc. are encroaching - they would be closed out. They are, however, concerned with an additional 10-foot easement to make a 20-foot utility easement, as well as access from the back - they would like to see a green space between the two subdivisions. Otherwise, they probably would not be so opposed to the cluster development.- it is just a question of trying to protect the larger lots. Mr. Tolbert felt that, knowing the people, there would probably be no real problem if they come to some kind of agreement. Mayor Sevila suggested to Mr. Jordan that his best approach would be to try to negotiate with the residents of Anne Street and then decide if he wants to pro- ceed with the cluster design. Mr. Jordan said he will take another look at it. PUBLIC HEARING ON PROPOSED AMENDMENTS TO SUBDIVISION AND LAND DEVELOPMENT REGULATIONS RE LAND DEVELOPMENT OFFICIAL (Joint hearing with Planning Commission) : Chairman of the Planning Commission Lynnwood Lay reported that all members of the Commission are present. Town Manager Minor explained that this was initiated at the Council level and sent to the Planning Commission. This would amend the Subdivision and Land Development Regulations to change Director of Engineering to Land Development Official (a more generic title) - this is what we have been doing for the last eight or nine months. This places the responsibility for land development ap- plications in the Director of Planning and Development - this person is re- sponsible for providing the review and staff assistance, etc. for the Plan- ning Commission and the Council. This gives the town more flexibility and is very beneficial. The Director of Engineering still retains some responsibility for construction drawing review, etc. Mr. Reginald K. Gheen did not recall the exact date the ordinance was changed to transfer the subdivision regulations from the Department of Engineering to the Assistant Manager for Planning and Development, but this changes the responsibility to a Land Development Official - this is inconsistent. He does not find any ref- erence in this ordinance to the duties of the Director of Engineering insofar as the town is concerned. This seems to be creating a new position within the town. MINUTES OF OCTOBER 24, 1984 MEETING. Mr. Minor explained that the Assistant Manager for Planning and Development J position has been retitled to Director of Planning and Development. This per- son will have the same duties Mr. Weiss had. The manager will not be the Land Development Official. However, he has been signing off on some of these be- cause we do not have a Director of Engineering at this time - it can create some conflicts. The manager can appoint someone to handle that task. Martha Semmes is doing this now - she is the principal person to put forward the staff assistance on applications and to see that the various components of the town's review process are working properly. There will not be a person called just Land Development Official - that responsibility will be assigned to the Director of Planning and Development. The public hearing was closed. There were no comments by councilmembers. Mr. Lay said the Planning Commission will consider this at its next meet- ing on November 1st. It will then come back to the Finance and Administration Committee for its next meeting. PUBLIC HEARING ON PROPOSED AMENDMENTS TO ZONING ORDINANCE RE MOTEL SIGNS: This too is a joint public hearing with the Planning Commission and is basically legislation in response to concerns over the town's sign regulations for hotels and motels. The language and the standards are in the ordinance. Basically, this has to do with height of such signs, which is one of the pri- mary concerns. The maximum height for free-standing signs on a motel would W be 12 feet. Mark Nelis clarified this by saying this would be 12 feet from CO the street level, so if a street was higher or lower, it would have essen- tially equal height in signs all along the roadway. Mr. Paul Bradshaw had an interest in such signs since he plans to build a motel on the edge of Leesburg and Route 7. He concurred with some of the com- ments made tonight concerning beautification of such signs - there is no rea- son for not having both a nice looking sign, but one that also serves the needs of the business people. He did feel that one sign on the front or side of a building is fine, but the limitation of one sign on something as big as a motel is not enough. A motel project needs more than just one sign - it's a big investment and a good tax base for the town. He would like Council to think about this. Mr. Curry asked if he was talking about one sign on each frontage? Mr. Bradshaw replied that their motel will front on Market Street, but it will also front on the By-Pass. In the fog, those driving by would probably appre- ciate a sign they could see. He has done a couple of commercial projects - in fact, they received a Letter of Commendation from Mr. Niccolls when he was mana- ger. They do, however, need the proper signs on the proper buildings. Mr. .Williams was pleased to hear Mr. Bradshaw say he feels comfortable with this proposed legislation and understands what he means by two separate signs on two different roads. This particular piece of legislation cannot be changed tonight - it could be amended at a later time. Mr. Fred Hetzel, representing the Preservation Society of Loudoun County, hoped Council would not delay action on the proposal that has been made and that it be passed as submitted, but give consideration to Mr. Bradshaw's suggestion at a later time. He feels that, if they don' t take action on this promptly, it may be opening the door and be too late. Mr. Richard Saunders was very much in favor of this ordinance and en- couraged Council to act on this tonight. Mr. Bradshaw's concerns are legiti- mate and can be passed in the form of an amendment later. Mr. Gheen said it has been stated that this could not be changed tonight. It goes back to both Planning Commission and Council - if they decided to meet tonight to make a change in this ordinance, why couldn't it be done? Mayor Sevila felt there has been an over-interpretation in what Council can and can't do - this will be addressed when they move to Council discussion. The public hearing was closed. Mr. Curry asked how the ordinance reads now? Mr. Minor advised that the change is from two wall signs to one wall sign. MINUTES OF OCTOBER 24, 1984 MEETING. 256 Mr. Williams suggested turning Mr. Bradshaw's comments over to staff - he did not believe this would impede or take away what he would like to do - this would give staff time enough to research this and put together any ap- propriate amendments - he's not going to be in business any time soon. Mr. Bradshaw indicated that this would not be a detriment to him. Mr. Minor said it could probably wait until they do the comprehensive sign ordinance.- that would be an opportune time. Mr. Williams congratulated Mr. Bradshaw concern- ing his views about the signage and his cooperative efforts with the community. All of those present tonight should be recognized for their efforts to pro- mote this and push it forward. Mr. Bos felt that better signage works well and is aesthetically more pleasing. When that combination is reached with the cooperation of the busi- nesses in the community, as well as area residents, we have solved the big problems. He heartily supports this legislation. Mayor Sevila concurred with other members of Council. Mr. Bradshaw's sug- gested change is certainly a legitimate one. .The important thing is that Coun- cil, staff and the Environmental Advisory Commission are in agreement with this particular piece of legislation - he doesn't feel it should go back to staff at this time. He recommended that the Planning Commission adjourn upstairs and bring back its recommendations and comments. Mayor Sevila called a brief recess, after which Council reconvened. COUFCILMEMBER COMMENTS: • Mr. Bos was concerned about sight distance at Fort Evans Road and East Market Street - the berm does limit sight distance until you get a car length or so from the corner - this is a touchy situation. . Several people have com- plained to him. Mrs. Hill commented that it is not a good situation - you can see a truck but not a small car. Mr. Minor said it has been lowered, but they will try lowering it a couple more times without disturbing the integrity of what they are trying to accomplish. They are two or three weeks away from the trees being planted. Mr. Williams reported that the Environmental Advisory Commission did meet last night. With respect to the three firms selected for awards, he felt these should be taken underadvisement by the Council. When Alan Raflo came before the committee, he mentioned the need for money for this purpose. This has been discussed with the Town Manager and he assured there will be money avail- able. He thought these awards should be given at a council meeting by the Mayor. He has had contact with several citizens in the Country Club area about the good news of money available from Republic for immediate work on the road- way. Their concern now is when they can expect to receive some action on this? There seems to be some misunderstanding as to when the leaves and brush will be picked up. Mr. Minor said he has talked to the press and hopes they will get the following information out. Leaf collection will be on Wednesday; Thursday and Friday morning. We sold our leaf loader to Grayson. Leaves should be raked to the curb for pick-up on those days. We do have a substantial list of homeowners on this and they have been turned over to Grayson. He blames the weather for no pick-up - he can't pick them up when it is damp. On Fairways, we have already begun to do some minor work out there. We are replacing water connections where they were deficient. We had a meeting yesterday with all of our staff involved in this project, and we are right now trying to identify all those elements of the work that we can do by force account and those we should hire a contractor to do. We are working on a revised and more detailed budget and will be proceeding if tch�7es agreement is adopted tonight. It has been one of our top priorities and/will attempt to complete the majority of the work this year. They intend to use unit prices bid on the resurfacing program on the agenda tonight. We will get these extended and use that_to put the _su5face course on. One of our big concerns is the depth of the base out there o make sure it is adequate - there will have to be some more de- tailed inspection. The budget looks adequate and they are confident they can finish the work under the $86,000. Mr. Kelley reported that he had the opportunity last night to accompany Tom Halls from the Economic Development Advisory Committee to the Environmental Ad- visory Commission meeting. Mr. Halls requested the assistance of EAC in their program for the certification of the town - especially in the Quality of Life area. Mr. Bos and Joby Reynolds are working on this. There was no decision MINUTES OF OCTOBER 24, 1984 MEETING. q !� -- on this request. NVPDC will be meeting tomorrow night, with a special meet- ing at 6:30 p.m. when there will be a round table discussion on regional co- operation amongst different jurisdictions. Apparently the withdrawal of Fair- fax County from the Northern Virginia Police Academy has spurred a lot of un- happiness. He extended an invitation to those who would like to attend. Mr. Tolbert was glad Mr. Williams brought up the question of brush and leaf collection - he has been getting a lot of calls too. The Blue Ridge hangars have finally been painted. There is a very important meeting coming up for the Public Works Committee. 'MAYOR'S REPORT: Mayor Sevila reported that Town Attorney George Martin suffered a heart at- tack last Thursday and is convalescing at Georgetown University Hospital and Loudoun Memorial Hospital. He is doing quite well. Everybody joins in the • wish for a speedy recovery. (2) A communication has been received from NVPDC - they request any de- sired changes in State legislation we might want Legislature to consider in its upcoming session. (3) He has also received a letter from Senator Trible's office concerning our request relating to the immunity of town officials. On October 11th, HRC-027 N has been passed by Congress, which does grant to communities such as Leesburg im- munity from liability in anti-trust actions. Unfortunately, it is not retroactive so it doesn't immunize officials from actions already taken. We have no claims (n against us. Q (4) He has received notice of a meeting from the Virginia General Assem- bly's Joint Subcommittee which is studying the Federal Surface Transportation Assistance Act. Council took a position on travel on the State's highways and the size, weight, length and other specifications relating to vehicles which use the highways. This meeting is for considering further limitations that the State government might want to impose on these vehicles. This meeting will be October 29th at 10:30 a.m. at the Annandale campus of NVCC. This invitation is also to the members of Council. Mr. Rollins is a member of that sub-committee. (5) He has the same concerns as other members of Council concerning the • intersection of Fort Evans Road and Route 7. MANAGER'S REPORT: (1) Mr. Minor reported that we have received today our draft Environmental Assessment Report from Campbell, McQueen and Paris with respect to our proposed airport improvements, including the runway extension. This is in draft form and is being very quickly reviewed by staff. Once this is done, it is in a stage ready for public hearing probably in late November or early December to be chaired by CMP. Members of the Airport Commission also plan to be in attendance. (2) Mr. York indicates Council will have a quarterly finance report for the first quarter of this year available sometime this month. (3) The Chief of Police has secured a new dog to replace Shadow so we can continue our very effective canine program. Officer Madigan will be working with this dog and we hope to have a successful team as we have had in the past. Mr. Curry asked if he is figuring from July 1st on the availability fee schedule? Mr. Minor said that is correct - the current figure is what we have received during the last two-week period. The year to date is what we received from July 1 and the 55 percent reflects since that date. These numbers are en- couraging. In the next couple of weeks, we will get into the slow period. PLANNING COMMISSION RECOMMENDATIONS RE- HOTEL/MOTEL SIGNS: Mr. Lynnwood Lay, Chairman of the Planning Commission, reported that the Commission unanimously recommends to Council that the ordinance, with certain modifications, be approved, as follows: C o MINUTES OF OCTOBER 24, 1984 MEETING. J O Sec. 8-A-1-13.3 (a) (1) to read "One wall sign for each separate busi- ness establishment for each street upon which that establishment fronts with a maximum of two wall per signs establishment." (b) (1) to read "Wall signs shall not exceed one square foot in area for every one linear foot of business establishment 'frontage, (c) " This height will be de- termined from the average elevation of the street frontage." This change in (a) (1) would permit two signs for those cases in which the establishment fronts on two or more streets - this addresses the public comment tonight, which "the Planning Commission found rational. The change in (b) (1) - They felt that because there can be businesses within the motel, there was a problem as to interpretation as to the size of the sign when it was based on building frontage. A small business within the motel complex should have its sign size based on the amount of that business' frontage - this would provide for a scaling down of signs for those busi- nesses which occupy space within the larger structure. This provides for an automatic scale-down of signs for small businesses within the motel. These are technical changes whose intent is to reduce the amount of interpretation that staff has to perform in administering the ordinance. . (c) This has to do with lots down at lower elevation than the streets or at higher elevations than the street. This height will be determined from the average elevation of the street frontage. 84-0-45 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE TO REVISE SIGN REGULATIONS FOR MOTEL ZONING LOTS. On motion of Mrs. Hill, seconded by Mr. Williams, the following ordinance was proposed: WHEREAS, proposed amendments to the Leesburg Zoning Ordinance to revise regulations applicable to signs on motel zoning lots were initiated by the Council on October 3, 1984; and WHEREAS, a joint public hearing of Council and the Planning Commission on the proposed amendments was advertised and held pursuant to Section 15.1.431 of the Code of Virginia, as amended; and WHEREAS, the Planning Commission considered amendments to the Leesburg Zoning Ordinance regarding signs on motel zoning lots; and WHEREAS, this Council finds that such revised regulations are required by the public necessity, convenience and general welfare: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 8-A-1-13.3 of the Leesburg Zoning Ordinance is amended to read as follows: Sec. 8-A-1-13.3. Number and size of signs at motels. (a) Only the following number of signs are permitted on any one zoning lot with a motel: (1) One wall sign for each separate business establishment. (2) One free-standing sign. (3) Directional signs, free of advertising material, as necessary to control and direct traffic. (4) One real estate sign. (b) The following maximum size of signs is established for any one zoning lot with a motel: (1) Wall signs shall not exceed one square foot in area for every one linear foot of frontage, up to a maximum size of 100 square feet; except, however, the maximum shall not exceed 50 square feet within the H-1 Historic Dis- trict. MINUTES OF OCTOBER 24, 1984 MEETING. 259 (2) Free standing signs shall not exceed 40 square feet; except, however, within the H-1 Historic District, free-standing signs shall not exceed eight (8) square feet. (3) Directional signs shall each not exceed two (2) square feet. (4) Real estate signs shall not exceed eight (8) square feet. (c) Irrespective of any other provision of this ordinance, the maximum height of free standing signs on zoning lots with a motel shall • be 12 feet. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. There followed extensive discussion concerning these regulations, with Mrs. Hill and Mr. Bos believing the ordinance should be adopted tonight as proposed, but knowing that it will be under further study and revision, taking into considera- tion the recommendations of the Planning Commission. Mr. Curry, Mr. Kelley and Mr. Williams felt it should be amended to take the Planning Commission's recom- mendations into consideration now. Mayor Sevila commended the Commission mem- bers for their suggestions - they did an excellent job in a short time. How- ever, he too felt this should be adopted in its original form lest it be in- terpreted as discriminatory action by the Council against a particular type of W commercial establishment - he did not believe any business would be prejudiced CO if we go with the original proposal. He further explained that there is some urgency to adopt a sign ordinance tonight, with particular attention to the Q height requirement of a free-standing sign, which he had hoped the Planning Commission would consider. Some very helpful recommendations have been made by the Commission tonight and they will go to the staff for incorporation into the overall ordinance. Mr. Minor explained further that there is an imminent sign application they are trying to address. The proposed ordinance was adopted by a roll call vote of 4 to 3: I Aye: Councilmembers Bos, Hill, Tolbert and Mayor Sevila. Nay: Councilmembers Curry, Kelley and Williams. Mayor Sevila asked staff to prepare the comments of the Planning Commission and refer them to staff for action. Both Mayor Sevila and Mr. Bos addressed com- ments to Chairman Lay further explaining the urgency of action on this ordi- nance tonight. They were sure their comments and recommendations would be given serious consideration at the staff level - he felt relatively certain they will be incorporated into the final ordinance. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolutions were proposed and unanimously adopted as consent items: 84-0-46 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING FEES. WHEREAS, Resolution No. 84-81, approving the budget and making appro- priations for the fiscal year ending June 30, 1985, directed the mana- ger to prepare appropriate legislation to revise the fees and charges included as revenue in the adopted fiscal year 1985 budget; and WHEREAS, on June 25, 1984, the Town Council initiated an amendment of the Leesburg Subdivision and Land Development Regulations to revise fees and charges included as revenue in the adopted fiscal year 1985 budget; and ' WHEREAS, a joint public hearing of Leesburg Planning Commission and the Town Council was held on the proposed amendments September 12, 1984, pursuant to Section 15.1-431 of the Code of Virginia, as amended; and 1 WHEREAS, on October 4, 1984, the Leesburg Planning Commission recom- mended adoption of the proposed fees with certain changes as outlined in their memo to Council, dated October 5, 1984: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: 2 n O MINUTES OF OCTOBER 24, 1984 MEETING. o SECTION I. Amend Sections 8-2-11-12, 9-6, 10-3-1, 10-3-2 and 11-2 of the Leesburg Zoning Ordinance to read as follows: Section 8-2-11-12. Application and Approval. (a) Application for a special exception by the Council shall be made on forms provided by the zoning administrator who shall transmit a copy to the Planning Commission for recommendation. Each such application will be accompanied by a filing fee of $100 to defray the cost of processing said application, which amount shall be paid to the Director of Finance. The Planning Commission shall transmit its recommendation to the Council no later than thirty days after the first meeting of the Commission after the application has been referred to the Commission. (b) The Town Council shall conduct a public hearing pursuant to Section 15.1-431 of the Code .of Virginia, as amended after receipt of the Planning Commission recommendation. (c) The Town Council may establish reasonable conditions, safe- guards and restrictions on the proposed use as deemed necessary to protect nearby properties and the public interest. Section 9-6. Approval of Conditional Uses: General Fee. (a) Conditionally permitted uses listed in Article 3, 3-A, 4, 4-A and 4-B inclusive are permitted within zoning district only upon application for and approval of a Conditional Use Permit by the Zoning Administrator after approval by the Commission in accord- ance with the provisions of this article. (b) Application for a Conditional Use Permit shall be made to the Zoning Administrator, on forms prescribed by him at least 21 days prior to the Commission meeting at which first consideration is desired and shall be accompanied by a zoning plan necessary to demonstrate that the conditions for approval set out in this ar- ticle shall be fulfilled. Each such application shall be accom- panied by a filing fee of $100 to defray the cost of processing said application, which amount shall be paid to the Director of Finance. (c) The Zoning Administrator shall transmit completed applica- tions to the commission with a report setting out the Administra- tor's findings as to whether or not the conditions for approval have been met by the application. (d) An existing use conditionally permitted in an "R" zoning dis- trict by this ordinance shall be considered a conforming use in that district. (e) A new use for which a Conditional Use Permit is required in an "R" zoning district and which complies with this ordinance shall be considered a permitted use in that district. Section 10-3-1. Applications. An application to the Board for a variance, special exception or interpretation of the Zoning District Map, or any other case in which the Board has original jurisdiction under the provisions of this ordinance may be made by any property owner, tenant, govern- mental officer, department, board or bureau. Such application shall be filed in triplicate with the Zoning Administrator, who shall - . transmit a copy thereof, together with all the plans, specifica- tions and other papers pertaining to the application, to the Chairman of the Board. Each such application shall be accompanied by a filing fee of $100 to defray the cost of processing said appli- cation, which amount shall be paid to the Director of Finance. Section 10-3-2. Appeals. An appeal to the Board may be taken by any person aggrieved by, or any officer, department, board or bureau of the Town of Leesburg MINUTES OF OCTOBER 24, 1984 MEETING. 261 affected by any decision of the Zoning Administrator relative to the administration of this ordinance. Such appeal shall be taken within thirty (30) days from the date of the decision complained of, by filing with the Zoning Administrator and with the Board a notice of appeal stating the grounds thereof. A notice of appeal in triplicate shall be accompanied by a filing fee of $100 to de- fray the cost of processing said application, which amount shall be paid to the Director of Finance. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. If the Board decides that there was an error in the order, require- ment, decision or determination of the zoning enforcement officer as specified in the notice of appeal, the Director of Finance shall return the aforementioned fee to the appellant and no fee shall be charged for the appeal. If, however, the Board's decision is to uphold the order, requirement, decision or determination of the zoning enforcement officer, the Director of Finance shall retain the filing fee in the treasury. Section 11-2. Initiation of Amendments: Amendments of the Zoning Ordi- nance shall be initiated only in the following manner: N- (a) Amendments to the text of the ordinance and/or changes in the N zoning boundaries or classification of properties shown on the Zon- W ing Map may be initiated by the Council or the Planning Commission CO in accordance with the provisions of Sec. 15.1-493, 1950 Code of Virginia, as amended. Q (b) Amendments to the zoning boundaries or classification of prop- erty shown on the Zoning Map may be initiated by property owners of the land proposed to be rezoned by the filing with the Council of a zoning map amendment petition addressed to the Council, which peti- tion shall be on a standard form approved by. the Planning Commis- sion and provided by the Zoning Administrator, and accompanied by a fee of $300, plus $20 per acre, other material and data required in said form. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. 84-193 - RESOLUTION - AUTHORIZING PREAPPLICATIONS AND APPLICATIONS AND APPROVING THE EXECUTION OF A GRANT AGREEMENT WITH THE TOWN OF LEES- BURG AND THE UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINISTRATION, PROVIDING FOR FEDERAL AID FOR RUNWAY AND APRON IMPROVEMENTS TO LEESBURG MUNICIPAL AIRPORT. WHEREAS, the Town of Leesburg has completed an airport marketing and run- way extension feasibility study which has been adopted by the Town Coun- cil; and WHEREAS, an examination of the environmental impacts associated with a northerly 1,000 foot extension to the runway at Leesburg Airport is now underway; and WHEREAS, private contributions will be available to fund the sponsor share of a runway extension and apron rehabilitation and expansion; and WHEREAS, the Leesburg Airport Commission has endorsed these projects; and WHEREAS, these improvements are essential to the economic vitality and air transportation utility of Leesburg Airport; and WHEREAS, Virginia Department of Aviation has tentatively committed a por- tion of the state share for these projects: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: 262 2 MINUTES OF OCTOBER 24, 1984 MEETING. U SECTION I. The manager shall file all necessary preapplications :and _ applications for federal assistance for environmental assessment re- port, land/easement acquisitions, a 1,000 foot north runway extension, expansion and rehabilitation of aircraft parking apron and requisite engineering. SECTION II. The Town of Leesburg shall enter into a grant agreement with the United States of America for the purpose of obtaining federal aid in the development of Leesburg Municipal Airport by executing the acceptance of any grant offer for these projects. SECTION III. Jeffrey H. Minor, town manager, shall execute said grant agreement, six copies, on behalf of the Town of Leesburg, and Dorothy B. Rosen, clerk of council, shall impress the official seal of the Town of Leesburg to attest said grant execution. SECTION IV. The grant offer referred to herein is incorporated by refer- ence and a copy shall be filed in the office of the clerk. SECTION V. The manager shall execute similar agreements between the Town of Leesburg and the Commonwealth of Virginia with respect to these projects. 84-194 - RESOLUTION - ADOPTING A MINORITY AND WOMEN BUSINESS ENTERPRISE PLAN FOR FAA FUNDED PROJECTS AT LEESBURG MUNICIPAL AIRPORT. WHEREAS, the Town of Leesburg has made application to the Federal Avia- tion Administration (FAA) for financial assistance to extend and rehabili- • , tate runway and apron facilities at the Leesburg Municipal Airport; and WHEREAS, the Town wishes to comply with Federal regulations regarding increased participation by minority and women business enterprises in federally assisted contracts: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The following is the Minority and Women Business Enterprise plan for Leesburg Municipal Airport: LEESBURG MUNICIPAL AIRPORT MINORITY AND WOMEN BUSINESS ENTERPRISE PLAN 1. Policy Statement It is the policy of this organization to utilize Minority and Women Enterprises in all aspects of contracting. This commitment can be demonstrated by the efforts taken in the development of this plan and in our local contracting procedures which have been developed, as well as in our existing working relationship with the Virginia State Office of Minority Business Enterprises. The Town of Leesburg takes the MBE/WBE responsibility seriously and will endeavor to comply with all aspects of this plan. 2. Liaison Officers The following person has been assigned the responsibility to de- velop, manage and implement the Minority and Women Business Enterprise program: Linda DeFranco, Administrative Assistant for Personnel (703) 777-2420 3. Minority Business Enterprise Directory An up-to-date MBE/WBE directory is available from the Virginia Office of Minority Business Enterprises and the Omega Group. All bid- ders and proposers will be referred to these organizations for MBE/WBE listings upon request. Certification of these MBE/WBEs will be done on a case-by-case basis. 4. Determination of Eligibility A written certification from the MBE/WBE itself will be required stating that it is a legitimate minority or women business or joint ven- ture. MINUTES OF OCTOBER 24, 1984 MEETING. 263 5. Minority and Women Enterprise Goals A percentage of dollar goals on each airport improvement program project will be established. These goals will apply for both prime and subcontractors at the airport. For the pending Federal project, that percentage follows: Minority Female 10% 2% The percentage of dollar goals above are a result of an analysis of the ' number of MBEs available and the contracting potential identified. Since our proposed AIP project involves rather specialized pavement construction, the goals for minority and female participation may be ambitious. However, we will request the assistance of the following organizations in endeavor- ing to meet our goals, in addition to our normal procedures detailed in Item 6: o State Office of Minority Business Enterprises Virginia State University Box 00 Petersburg, VA 23803 r- o Omega Group N Curtis M. McMeekin, Project Director W Suite 320 m 555 4th Street, N.W. Q Washington, D.C. 20001 The following goals have been established for lease opportunities on the airport: Minority Female 5% 5% 6. Procedures to Ensure an Opportunity to MBE/WBE The following procedures will be utilized in our efforts to ob- tain Minority and Women Business Enterprise participation: o Invitations to MBE/WBEs to attend prebid meetings. o Advertise 20-days before bids or proposals are requested. o Provide written notice to MBE/WBEs that their interest is solicited. o Maintain a list of MBE/WBEs to be contacted. o Provide MBE/WBEs with information on plans and specifications. 7. Compliance Requirements The contract goals determined for this project will be provided to that prime contractor. A requirement of the contract agreement will be that EVERY EFFORT will be utilized to meet the contract goal. 8. Effective Dates The federal grant for this project will be issued during FY 1985. Therefore, this MBE/WBE plan will be effective from September 1984 through September 1985. SECTION II. This Minority and Women Business Enterprise Plan for Leesburg Municipal Airport shall be automatically repealed at the time FAA regula- tions no longer require a specific program for minority and women busi- ness enterprise participation in federally assisted contracts. 84-195 - RESOLUTION - RELEASING A DEED OF TRUST AND ACCEPTING A CASH BOND FOR PUBLIC IMPROVEMENTS FOR RODRICK SUBDIVISION, SECTION I, LOTS 1 AND 2. WHEREAS, the Council Resolution 84-29 authorized an agreement with Ray- mond Rodrick for a performance bond in the amount of $2,946.20 and the Town appointed George M. Martin Trustee, and accepted a first lien on the land; and MINUTES OF OCTOBER 24, 1984 MEETING. I 264 WHEREAS, Richard 0. Gore, Trustee, has completed a PC-3 form to the satisfaction of the Town Attorney and offered a check in the amount of $2,946.20 as a cash bond; and WHEREAS, Woodrow Turner has prepared a Deed of Release for George Mar- tin and the Mayor of Leesburg's signatures to release the first :lien. on this land: THEREFORE, RESOLVED by the Town of Leesburg in Virginia as follows: SECTION I. The Trustee, George M. Martin, is authorized to release the lien on the property. SECTION II. A cash performance bond in the amount of $2,946.20 is ac- cepted for the installation of public improvements as indicated on the PC-7 form dated October 25, 1983 found in the Rodrick Subdivision file. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-196 - RESOLUTION - AUTHORIZING STREET RESURFACING & DOUBLE SURFACE TREATMENT. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolu- tion was proposed: _ RESOLVED by the Council for the Town of Leesburg in Virginia as follows: SECTION I. The 1985 Street Improvements Program is approved as follows: Streets to be resurfaced are: 1. Ayr St. , N.W. , 800' South from Old Waterford Road 2. Ayrlee Ave. , N.W. , 1100' West from Old Waterford Road 3. Old Waterford Rd. , N.W. , 1300' from Ayrlee Ave. to North Street 4. Old Waterford Rd. , N.W. , 1500' from Morven Park Rd. to NCL 5. Loudoun Street, S.W. , 1400' from Dry Mill Rd. to W. Market Street 6. North St. , N.W. , 430' from N. King Street to Wirt St. , N.W. Streets to receive double surface treatment are: 1. Edwards Ferry Rd. , 1400' from end of present DST to ECL 2. Fort Evans Rd. , 4400' from entrance to Fort Evans Farm to ECL SECTION II. The manager shall enter into a contract with the Tri-County Asphalt Company for street resurfacing and double surface treatment in accordance with specifications issued September 20, 1984 by the Director of Public Works and the firm's October 2, 1984 bid at a unit price of $28.00 per ton of S-5 Asphalt, $1.75 per gallon of CRS-2 Asphalt and $19.50 per ton of stone chips. SECTION III. An appropriation is made from the General Fund to Account No. 4102.310, Resurfacing, in the amount of $30,000 and to Account No. 4102.710, Edwards Ferry Rd. paving in the amount of $17,000 for the fiscal year ending June 30, 1985. Mr. Bos commented that this continues an excellent street resurfacing treatment program for the last five to ten years. The town's streets generally are in good repair - he hoped this would continue to go in this same direction. The reso- lution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-197 - RESOLUTION - AUTHORIZING AN AGREEMENT BETWEEN THE TOWN OF LEESBURG AND THE REPUBLIC INSURANCE COMPANY REGARDING PHASE 1 OF COUNTRY CLUB SECTION IV (FAIRWAYS) . On motion of Mr. Bos , seconded by Mr. Tolbert, the following resolution was proposed: MINUTES OF OCTOBER 24, 1984 MEETING. 2615' WHEREAS, the Town of Leesburg has been informed by the Bexley-Green Corporation, the developers of Country Club Section IV, Phase 1, that sufficient funds are not available to complete the bonded public im- provements within this subdivision; and WHEREAS, the Republic Insurance Corporation through its corporate surety bonds Nos. 913168, 913169 and 913170 are the guarantors for the installation of public facilities within Leesburg Country Club, Section IV; and WHEREAS, the contract for public improvements executed with the Bex- ley-Green Corporation does not expire until May 25, 1985; and WHEREAS, this Council desires to expedite completion of these im- provements prior to that date so that residents of the Fairways Sub- division may be relieved of the inconveniences associated with the incomplete improvements as soon as possible; and WHEREAS, adequate guarantee exists for the completion of the remain- ing improvements in Phases 2, 3 and 4 under contract with the Yeonas Corporation; and WHEREAS, the Republic Insurance Corporation has tendered an agreement r whereby the Republic Insurance Corporation shall reimburse the town N for all labor and materials required to fully complete all remaining improvements in Phase 1 up to $85,674.10, the current estimate of the W value of the remaining public improvements. m Q THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to execute an agreement with the Republic Insurance Company in a form approved by the town attor- ney which will provide for prompt reimbursement to the town for work done to complete all outstanding public improvements in Phase 1 of Country Club, Section IV up to $85,674.10. ' Mr. Minor reported that he received notice from Mr. Zimmerman (representing Re- public) that they will incorporate into the agreement the requirement that they reimburse the town for the progress invoices within 15 days of receipt and that there will be some sort of power of attorney to assure that Mr. Zimmerman has the authority to bind the corporation to this contract. It will not be signed until this is accomplished. Mr. Martin participated in the interview where they set out the general terms - it's a pretty straight-forward agreement. The requirement to pay for the bond within 15 days will be in the contract. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor gtVila. • Nay: None. 84-198 - RESOLUTION - MAKING AN APPROPRIATION FOR THE EAST MARKET STREET ENTRANCE SIGN. On motion of Mr. Bos, seconded by Mrs. Hill, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: An appropriation is made to the General Fund, Account No. 4102-701, Market Street Improvements, in the amount of $6,360 for the fiscal year ending June 30, 1985. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-199 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON REZONING 1}ZM-50 BY FT. BEAUREGARD ASSOCIATES. On motion of Mrs . Hill, seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: MINUTES OF OCTOBER 24, 1984 MEETING. 266 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider Rezoning //ZM-50 by Fort Beaure- gard Associates to have rezoned from County R-1 and Town R-2 to M-1, 7.3 acres of land abutting the south side of the Leesburg By-pass and bounded on the north by the W & OD regional trail, land of Alberts and Lawson Road (Route 654) on the east, land of Alberts on the south, and the Route 7 By-pass on the west, shall be published in the Loudoun Times-Mirror on November 1, 1984 and November 8, 1934 for public hear- ing on November 14, 1984 at 7:30 p.m. in the Council Chambers, 10 Loud- oun Street, S.W. , Leesburg, Virginia. Aye: Councilmembers Bos, Coffey, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-200 - RESOLUTION - AUTHORIZING NOTICE OF PUBLICATION OF PUBLIC HEARING ON REZONING IIZM-53 BY LEESBURG BUILDERS, INC. On motion of Mr. Bos, seconded by Mr. Williams, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider Rezoning #ZM-53 by Leesburg Builders, Inc. to have rezoned from R-1 to R-3, 1.99 acres of land located to the east of the intersection of Valley View Avenue and Stratford Place and bounded on the north by land of Howell and the Loudoun County School Board, on the east by Valley View Avenue, on the south by land of Kenneth and Linda Rollins, and on the west by land of S. Rogers, shall be published in the Loudoun Times-Mirror on November 8, 1984 and November 15, 1984 for public hearing on November 28, 1984 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-201 - RESOLUTION - RECEIVING AND REFERRING THE EXETER PRELIMINARY DEVELOPMENT PLAN FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLAN- NING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Application of Leesburg Joint Venture for revision of the zoning district map, assigned No. ZM-55, is received and referred to the Planning Commission for public hearing and recommendation under Chap- ter 11, Title 15.1 of the Code of Virginia as amended. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-202 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF ALLEN K. SHREVE FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15.1 OF THE CODE OF VIRGINIA AS AMENDED. 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: I MINUTES OF OCTOBER 24, 1984 MEETING. 26-7 The application of Allen K. Shreve for revision of the zoning dis- trict map, assigned No. ZM-56, is received and referred to the Plan- ning Commission for public hearing and recommendation under Chapter 11, Title 15.1 of the Code of Virginia, as amended. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. On motion of Mr. Williams, seconded by Mr. Bos, Council voted unanimously to go into executive session to discuss personnel matters, as authorized by Sec- tion 2.1-344(a) (1) of the 1950 Code of Virginia, as amended: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Mayor Sevila reconvened the meeting and reported that Council took no action in executive session. PROPOSED RESOLUTION MAKING APPOINTMENTS AND REAPPOINTMENTS TO THE BOARD OF ARCHITECTURAL REVIEW. On motion of Mr. Williams, seconded by Mr. Kelley, a resolution making N appointments and reappointments to the Board of Architectural Review was pro- N posed. Mayor Sevila called a point of order, stating that the proposed reso- w lution is out of order - it is in violation of the ordinance setting up the CO Board of Architectural Review and providing for appointments to said Board. He referred specifically to Section 7A of the Charter which requires the mayor Q to make these appointments, subject to the consent of the council. Mr. Wil- liams accepted the mayor's recognition that this proposed resolution is out of order. Mayor Sevila stated that it is his intention to meet with the people they do not intend to reappoint to explain this to them - to give them the de- cency of an explanation so they don't feel fired or turned out or lack any ex- planation for Council's action. I On motion of Mr. Williams, seconded by Mr. Kelley, the meeting was ad- journed. Mayor /s{ti.-��� /1/ Clerk of th ouncil