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HomeMy Public PortalAbout1984_11_28 29 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL AND PUBLIC HEARING ON ZM-53 - LEESBURG BUILDERS, INC. , NOVEMBER 28, 1984. A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia on November 28, 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 Mrs. Hill. 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 York, Director of Planning and Development Martha Semmes, Director of Utility Plants Randolph W. Shoemaker, Zoning Administrator Mark Nelis and Town Attor- ney George M. Martin. PETITIONERS: Rev. Howard Wilson, pastor of the Methodist Church on East North Stieet, said he has been trying to get a parking place in front of his church for the last seven years - County employees park in front of his church. This is the only church in town with this problem. He asked Council to give consideration to this request - just for one space so he can have a place to park when he is to meet one of his parishioners for counseling. He has been told this is a special privilege, however, he notes that Church Street is reserved for police parking only - this is a special privilege. Mr. Phillip Brownrigg, Chairman of the Board of Architectural Review, said • . he has been advised that three members of the Board (including him) will not be reappointed to that Board. A recent article in the Times-Mirror quotes some councilmembers as desiring a "new focus and new blood" - one does not want the change to be a detriment, but to give other citizens an opportunity to serve. Who benefits from this - the town or the appointee? Once a dowdy area with a dozen vacant stores , the business area is now a busy and attractive place - its store fronts and facades not locked into a particular period, but repre- sentative of nearly every building style from the 18th century to this one. On a pleasant week-end afternoon, as many as half a dozen tour buses may be seen parked around the Visitor's Center. Their passengers go in and out of the shops and restaurants, adding to the prosperity of the Old and Historic District. Busloads come regularly from Washington, Richmond - even Tidwater, Virginia and Harrisburg, Pennsylvania - to spend part of a day in or around what many describe as the most attractive downtown anywhere within a hundred miles or more of Washington. This came about the hard way. He recited the history of the Old and Historic District. Membership on the Board of Archi- tectural Review should not be a political plumb - it takes a year or more for a non-architect to absorb and understand the 16 criteria, proportion, scale, details, etc. that the Board is bound by the ordinance to follow and to give them thoughtful consideration. In the meantime, the town derives no = realbenefit from the presence of the so-called "new blood" until experience finally makes that person's vote on the Board meaningful to the town's fu- ture. Building owners, developers, etc. , having learned to work with a Board of a certain make-up, are uncertain which plans will be acceptable and which not. He challenged the advocates of change in membership of the Board to state publicly and specifically exactly what perceived problems the "new focus" will center on and what the "new blood" will do for the town. Unless the town will be better off, why a change? The Board has done much good since it was established - he could see nothing but trouble ahead if new mem . bers are added. He said sincerely and fervently "if it ain't broke, don't fix it." Mayor Sevila asked Mr. Burke McCahill, Chairman of the Environmental Ad- visory Commission, to assist him in the presentation of Certificates of Appre- ciation to three local businesses which have contributed significantly to the improvement of the environment here in Leesburg. Mr. McCahill recognized Martha Semmes and Mark Nelis for their assistance and thanked them personally and on behalf of the Commission. He also recognized Nathaniel Jacques and Fred Het- zel, Sr. , members of the Environmental Advisory Commission. Mayor Sevila presented Certificates of Appreciation to the following: (1) Roy Rogers Restaurant for landscaping around the restaurant - this is a significant improvement over what you frequently find around fast food res- taurants. Mr. Pete Plumondon commended the Environmental Advisory Commission for measuring them. It creates-an awareness in the business community, as well as in themselves. When you receive an award, it's worth working for. He thanked the townspeople for their support of their business. MINUTES OF NOVEMBER 28, 1984 MEETING. 291 (2) Goodyear Tire Center, which exemplifies the architectural type of building that the Commission likes to see here. It is a well constructed, visually attractive store and they voluntarily complied with the East Market Street Design with their signage. This was accepted by Mr. John Hogan. (3) The Downtown Business Association, for their contribution of the lovely planters placed along Main Street - they have greatly added to the beauty of the town. Mr. Emmett Elsea, President, accepted the award. Mayor Sevila congratulated the recipients of the awards and thanked them for their voluntary contribution to the betterment of the community. Rev. Nathaniel Jacques, Commander of American Legion Post 181 in Leesburg, presented to Mayor Sevila and to the Town Council Citations of Appreciation in recognition and sincere appreciation of outstanding service and assistance which contributed to the advancement of the American Legion programs and activities dedicated to God and Country by Johnson/Brent Post #181. Rev. Jacques also presented a similar Citation of Appreciation to the Downtown Business Associa- tion for contributions made towards all the charitable organizations in Lees- burg. PUBLIC HEARING ON ZM-53 - LEESBURG BUILDERS, INC. r- Mr. Nelis explained that this is an application for rezoning from R-1 (single- N family homes on 10,000 sq.ft. lots) to R-3 (townhouses at approximately 8 d.u. per acre) . This tract is located on Valley View Avenue - approximately 2 acres - and W is generally in the area of single-family homes and townhouses. The Planning Com- [n mission recommended denial of this rezoning and found four major issues that needed Q to be addressed: (1) Character of existing neighborhood (petition from 48 prop- erty owners and residents asking that this be denied) ; (2) Town Plan conformance (both the 1974 plan and the draft plan do not recommend higher density residential uses for the area) ; (3) Transportation (generally it is adequate, but, perhaps if this rezoning was considered for approval, it might be a good time to con- sider whether Valley View Ave. should be connected to the south); (4) Site plan - they have furnished this. There is a draft proffer statement before Council to- night (it does not include the site plan) . About a month ago, the staff and Planning Commission did receive a site plan - it shows approximately 15 town- houses arranged around a courtyard. Though it was a very good plan and created a very private neighborhood, they generally thought the use was inappropriate. There has been little change or progress in the application since the Planning Commission denial. The proffer statement speaks to the possibility of strict cove- nants that would limit the development to persons only over 55 years of age and only persons with no children. Mr. Bos asked about traffic? Mr. Nelis explained that there is not a lot south that would generate traffic. Construction of town- houses could add 500 to 600 vehicles a day, so it could double it, however, he didn't believe it would test the capacity of that road. Mr. Tolbert asked about children of the residents who would come to visit them? Mr. Nelis said it might be difficult to enforce. Mr. Dick Richards said they understand what has happened with regard to the Planning Commission and zoning committee, but he feels there is a misconception as to what they planned in the beginning. It was thought about four or five years ago from the standpoint of elderly people - they are talking about those who are retired, who have a fairly large home and their family is grown and gone - they would like a smaller house with no stairs. They went to Leesburg Builders be- cause they are builders of quality in the town and county. He personally loves Leesburg and has been on several committees for the town - he would certainly not want to see anything constructed that would be a detriment to the town. He believed the misconception arose from two and three-story townhouses. These would be single-story courtyard type townhouses. There is one opposite the hospital on Market Street and another on Union Street near the cemetery. There is no ordi- nance at this time for this type of concept, so the only way they could go is to ask for townhouse zoning. These would not really be townhouses - they would be like small English cottage dwellings of brick construction and excellent quali- ty, with landscaping - he felt they would be a benefit to the town. He asked that Council give consideration to this project. The record owners of the prop- erty are his daughter and son-in-law - he is a minor part owner. They are work- ing with Leesburg Builders from the standpoint of construction, planning and engineering. Mr. Curtis Harrover, engineer for the project, said the owners asked them to prepare a layout which would be compatible with a retirement=type community, where there would not be excessive problems with topography and where you could have things amenable to handicapped-type older people. From an engineering MINUTES OF NOVEMBER 28, 1984 MEETING. 292 standpoint, there are no great problems with utilities or the computation for on and off-site storm sewer. Screening against the school can be provided. Construction of the buildings would talk to the question of property values in the area. Questions raised by Rev. Wilson at previous hearings have been ans- wered by the proffers. Generally, the people were concerned about safety for their children, noise and that they might be a bad neighbor. There was a ques- tion as to whether Valley View Avenue was the dividing line between single-family and multi-family, however, they found there was multi-family on the same side of the street. There was also great concern that this would be setting a precedent whereby the Rogers tract might go to more dense development. This is a court concept and has no access through to the Rogers property behind it - they did prepare a layout for single-family dwellings that had a through street - that was one of the staff's recommendations. If this were developed as a single- family concept and that street was put through, there would be a bigger traffic count and more noise than you would ever have from this plan. With a one to two- bedroom concept, their computations give somewhere around 100 to 125 trips per day. They feel they can do this - transportation is not a problem. They have a site plan that takes care of that. He asked that the Town _Council consider the rezoning of Rose Stone Court in the spirit and context Mr. Richards requests. There is no way he can ask the town for rezoning other than this - ask that it be done for townhouses and then proffer the retirement community. Rev. Howard Wilson objected to such a rezoning of this property - it would reduce the value of his property on this same street, it would increase traffic by a great deal and it would open up everything on the other side for townhouse development. If it is restricted to older people, what about race? The older buyer could sell his property to anyone he wants to without considering age. In two years, his property will be worth $100,000 - no-one can tell him that this will increase the value of his property. If this is passed and these homes are built on Valley View Avenue, he will be the first one to sell. He asked Council to reject this proposal - let them keep their street as it is now. The public hearing was closed. Mr. Curry recommended that this matter go before the Finance and Administra- tion Committee for consideration, which meeting is set for December 4th. COUNCILMEMBER COMMENTS: Mr. Bos was pleased to see that the trees on East Market Street are to be planted soon - he thinks they, along with the sign base, will make that area very attractive. He was also happy to see that the Principal Planner position has been filled. Several sign applications were passed by the Board of Architectural Review at its last meeting, as well as several small building modifications. The Book Store next to Harvest Leather will have a face-lift on the store front - he be- lieved the proposed change will be highly attractive. A local architectural firm, Ballinger and LaRock, will be doing this work - their work has been outstanding and they have been particularly helpful to the Board. Mr. Williams reported that the Environmental Advisory Commission met last night. One of the items discussed was the "Keep Loudoun Beautiful" program and a Litter Control Officer, which they hope will be nominated next month. They also discussed that the ECHO trailer at Virginia Village, which houses the recycled paper, needs new steps and a platform. Rev. Jacques has talked with Roger Hough at J. T. Hirst and apparently they will donate the materials and the American Le- gion will furnish the carpenter to build it. This is the type of progress this Commission has strived to accomplish and they are certainly making some good steps . Chairman McCahill mentioned that he would like to put "Tree City" on hold with respect to soliciting contributions - this will be discussed by the Finance and Administration Committee in February. Several members' terms ex- pire in December, so the Committee will be making some recommendations on either reappointmentsor new commissioners. He went out to Fairways yesterday and feels sure the people living there will be happy that they now have some streets that will not damage their vehicles, among other things. Mr. Curry reported that the Planning Commission made recommendation to Council that the Beus Concept Plan, as revised, be approved - this includes an elementary school site and several transportation improvements requested by the Comprehensive Plan committee and staff. They also approved the final development plans for Olde MINUTES OF NOVEMBER 28, 1984. 299 Towne condos, Phase I and final development plan for Carradoc Hall; also ap- proved preliminary development plans for Heritage Park and Flinton Callahan. Mr. Kelley praised Mr. York and Mr. Chaves for an outstanding job in getting the Fairways project done in an expedient manner - he feels the residents will be well served by this. Mr. Tolbert reported that he had been out to Fairways also. He complimented Mr. Minor on his Activity Report - this was a very good one. He asked who owns the property in front of Barber & Ross? Mr. Lipscomb does. Mr. Tolbert asked that he be requested to cut down the weeds in front of this property. MANAGER'S REPORT: (1) Mr. Minor remarked that Mr. Bos has already alluded to the Principal Planner position - this man is Tom Poupard - he is an associate with a planning consultant firm in Vero Beach, Florida. He is confident that he will complement our planning staff very well - with his addition, we will have a very good plan- ning staff that will meet some of the development challenges that Leesburg will be facing. The Director of Engineering and Assistant to Town Manager positions are still vacant, but they expect some appointments to be made by Friday. It has been narrowed down to one candidate for the Assistant to Town Manager posi- tion - if his references check out, we should have an excellent candidate. He 1- will be interviewing a candidate for the Director of Engineering position tomor- C\J row - he is somewhat familiar to some of the staff and is currently working in Alexandria. If successful, this would complete our full staff. (2) He received a letter today from the State Water Control Board recommend- ( ing approval of the contract for the sewer plant expansion construction to the lowest responsible bidder - this has been forwarded on to EPA. This was very rapid turn-around - this will be of great benefit to us when this is reviewed by EPA - we need approval before the December 31 deadline. (3) We have collected approximately 83 percent of the budgeted figure for availability fees for this year. (4) We have done some storm drainage work on Bradfield Drive at the end of the cul-de-sac. This was the subject of a newspaper item recently. (5) Concerning. the sobriety check-point efforts by the Police Department, Chief Kidwell had a busy day today. (6) The Open House at the Airport is scheduled for 7:30 on December 6th. Basically, their effort is to reach out to the individuals who have property ad- jacent to the airport who will be most affected by the extension of our runway and other development plans. One of the planners from the Virginia Department of Aviation will present a slide presentation on general aviation airports and their impact on communities - the positive benefits of aviation. Members of the Airport Commission and Jim Haynes will be present and there will be a brief tour of the facilities, etc. - they hope this will answer some of the questions before we get to the public hearing stage. (7) The runway apron design services RFQ received a good response - ten firms submitted qualifications. The next step will be to develop a panel to review those statements and narrow it down to a manageable level - three or four - then prepare a Request for Proposal and invite those three or four firms to sub- mit more detailed proposals . We believe we should have a firm selected in Janu- ary. MAYOR'S REPORT: Mayor Sevila reported that Council and staff met with Congressman Wolf to- day in connection with the shortfall on the sewage upgrade and improvement con- tract and have agreed to meet with him again early next week in Washington in an attempt to locate additional funds . He has been approached by Kimball T. Peale, Director of Bull Run Alcohol Safety Action Program, and asked to adopt a Proclamation declaring December 9 through 15 as National Drunk and Drug Driving Awareness Week in the Town of Lees- burg. He has signed the Proclamation on behalf of the town. He then read the Proclamation. 2 R MINUTES OF NOVEMBER 28, 1984 MEETING. Y WHEREAS, the Leesburg Town Council is aware of the disturbingly high incidence of those who operate motor vehicles while under the influ- ence of alcohol or other drugs in the Metropolitan area of Washington, D.C. ; and WHEREAS, the Leesburg Town Council supports all positive efforts to reduce the tragic loss of life, limb and property caused by drinking drivers; and WHEREAS, they also recognize the efforts of the Congress of the United States in combating the problem by establishing a week of public aware- ness surrounding such issues: THEREFORE, RESOLVED that the Leesburg Town Council, in conjunction with the Congress of the United States, does hereby proclaim the period of December 9-15, 1984 as NATIONAL DRUNK AND DRUGGED DRIVING AWARENESS WEEK and encourages its citizens to remain keenly aware of the problems in our society by those who choose to drive while under the influence of alcohol or other drugs. He asked the media to bring this to the attention of citizens. The Proclamation will be sent to the Bull Run ASAP. Mayor Sevila declared a five-minute recess, after which Council reconvened. On' motion of Mrs. Hill, seconded by Mr. Williams, the following ordinances and resolutions were proposed and unanimously adopted as consent items: 84-0-50 - ORDINANCE - AMENDING THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING LICENSED 3(b) LAND SURVEYORS. WHEREAS, the Code of Virginia, as amended, permits licensed 3(b) land surveyors to prepare plats, plans and profiles for subdivisions, site plans and development plans; and WHEREAS, on October 10, 1984, by Resolution No. 84-181, this Council initiated amendments to Sections 13-78, 13-79, 13-80, 13-81, 13-82, 13-97 and 13-99 of the Subdivision and Land Development Regulations to provide for licensed 3(b) land surveyors to prepare plats, plans and profiles for subdivisions, site plans and development plans; and WHEREAS, on November 14, 1984, a joint public hearing with' the Plan- ning Commission and this Council was held at which time persons de- siring to express their opinions were heard; and WHEREAS, on November 15, 1984, the Planning Commission recommended these amendments to this Council: THEREFORE, RESOLVED by the Council of the Town of Leesburgiin Vir- ginia as follows: SECTION I. Sections 13-78, 13-79, 13-80, 13-81, 13-82, 13197 and 13-99 of Article IV, Chapter 13, Subdivision and Land Development Regulations are amended to read as follows: Sec. 13-78. Streets, street curb and gutter. (a) No change. (b) Insert or a licensed 3(b) land surveyor after "registered professional engineer". Sec. 13-79. Sidewalks. (a) No change. (b) Insert or a licensed 3(b) land surveyor after "registered professional engineer". Sec. .13-80. Water supply. (a) No change. • MINUTES OF NOVEMBER 28, 1984 MEETING. , ?q.' ei 4.4111! (b) The water system and all service lines and appurtenances except the water meter shall be completed in accordance with the plans and profiles prepared for the subdivision or develop- ment by a registered professional engineer or licensed 3(b) land surveyor and approved by the Director of Engineering as meeting the required specifications for water systems; provided, however, a licensed 3(b) land surveyor may not design pressure hydraulic systems. Sec. 13-81. Sanitary sewers. (a) No change. (b) Insert or a licensed 3(b) land surveyor after "registered professional engineer"; add new sentence at end to read: How- ever, a licensed 3(b) land surveyor may not design pressure hy- draulic systems. Sec. 13-82. Storm drainage, erosion and sedimentation control; flood zone management and control. (a) No change. Cr (b) No change. N (c) No change. N (d) Insert or a licensed 3(b) land surveyor after "registered W professional engineer"; add new sentence at end to read: How- ever, a licensed 3(b) land surveyor may not design pressure hy- m draulic systems. Q Sec. 13-97. Required approvals of final plan and final plat. The following approvals shall accompany or be shown on a final plat and shall be necessary for its approval. (a) No change. (b) Insert or a licensed 3(b) land surveyor after "registered engineer". (c) No change. (d) No change. (e) No change. (f) No change. Sec. 13-99. Definitions and rules of construction. (a) No change. (b) No change. (c) Add a new definition to read as follows: "Licensed 3(b) land surveyor" shall mean a land surveyor licensed by the Commonwealth of Virginia to perform the work described under Section 54-17.1(3) (b) of the Code of Virginia (1950) as amended. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. 84-0-51 - ORDINANCE - AMENDING SECTION 16-50 OF THE TOWN CODE REGARDING SNOW EMERGENCIES. WHEREAS, it has been recommended that certain changes be made to the designated snow emergency routes; and WHEREAS, these changes will provide a better service to the community: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 16-50 of Chapter 16 of the Town Code is amended to read as follows: 1 296 MINUTES OF NOVEMBER 28, 1984 MEETING. J 46.4 37.144 Sec. 16-50. Snow emergency routes designated; in general. (a) The following streets within the town are to be designated as snow emergency routes and posted according to state standards at intervals of not less than 1500 feet as specified in the Virginia Manual on Uniform Traffic Control Devices for Streets and Highways: (1) Market Street from Fairview St. , N.W. to the bridge at Rt. 15 By-Pass, N.E. (2) King Street from 500' North of Union St. , N.W. to Country Club Drive, S.W. (3) Loudoun Street from Liberty Street to Harrison Street. (b) When a snow emergency is declared, the public works department shall use the best possible equipment and methods to clear the streets and highways in the town beginning with the snow emergency routes in the order listed in this section. If snow becomes packed or frozen, sand treated with a salt-calcium chloride mixture shall be used. (c) Snow emergency procedures shall remain in effect until all snow—, emergency now— emergency routes have been cleared and designated safe by the town manager, not to exceed 24 hours from the last snow, sleet, hail or freezing rainfall. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. 84-219 - RESOLUTION - AUTHORIZING AN AMENDMENT TO EMPLOYEES GROUP HEALTH INSUR- ANCE TO INCLUDE CHIROPRACTIC HEALTH CARE BENEFITS. WHEREAS, it has been determined that the present coverage offered by Blue Cross/Blue Shield of Southwest Virginia for health insurance cover- , age for town employees does not provide for chiropractic coverage; and WHEREAS, from time to time town employees have sought such treatment: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is authorized to amend the basic and major medical health care coverage for all full time employees to include chiropractic coverage in addition to all other coverages presently pro- vided. The town will pay the costs for the employee'slcoverage at the revised premium rates effective December 1, 1984 and other premium costs shall be as follows: Employee only $67.19 Employee and one child 100.80 Family coverage 131.35 SECTION II. This resolution shall be effective December 1, 1984. 84-220 - RESOLUTION - CANCELLING THE DECEMBER 26, 1984 REGULAR COUNCIL MEETING. RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The regular December 26, 1984 meeting of the Town Council is cancelled. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-0-52 - ORDINANCE - AMENDING THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING FEES. On motion of Mrs. Hill, seconded by Mr. Bos, the following ordinance was proposed: MINUTES OF NOVEMBER 28, 1984 MEETING. 291 WHEREAS, Resolution number 84-81, approving the budget and making appro- priations for the fiscal year ending June 30, 1985, directed the manager to prepare appropriate legislation to revise the fees and charges in- cluded 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, pur- suant to Section 15.1-431 of the Code of Virginia, as amended; and WHEREAS, the Planning Commission has recommended adoption of the proposed fees on October 4, 1984: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows : SECTION I. Section 13-54 of the Leesburg Subdivision and Land Development Regulations, Article IV, Chapter 13 of the Town Code is amended to read as follows: N N Sec. 13-54. Fees Fees and charges to be paid to the town for the review of plats and plans, for the inspection of facilities required to be installed by this Q article and for variances shall be as follows: (a) For preliminary subdivision plats of 10 lots or less the fee shall be $300.00 plus $20.00 per lot or division of land. For preliminary subdivision plats of 11 lots or more, the fee shall be $500.00 plus $5.00 per lot. ' (b) For final plats the fee shall be $50.00 plus $2.50 per lot or division of land plus the amount extended from the quanti- ty of public improvements at the following rates: Type of Public Improvement Unit Rate Storm Sewer $0.46 per linear foot Water Main 0.63 per linear foot Curb & Gutter 0.31 per linear foot Sidewalk 0.31 per linear foot Sanitary Sewer 0.78 per linear foot Streets 0.61 per linear foot Overlot Grading $48.50 each lot (c) For preliminary development plans the fee shall be $500.00 plus $10.00 per acre. (d) For final development plans the fee shall be $200.00 plus $3.00 per acre plus the amount extended from the quantity of public improvements at the following rates: Type of Public Improvement Unit Rate Storm Sewer Water Main $0.46 per linear foot 0.63 per linear foot Curb & Gutter 0.31 per linear foot Sidewalk 0.31 per linear foot Sanitary Sewer 0.78 per linear foot Streets 0.61 per linear foot Overlot Grading $48.50 each lot (e) For minor development plans the fee for preliminary and final development plan review shall be $300 plus the amount extended from the quantity of public improvements at the following rates: n n o MINUTES OF NOVEMBER 28, 1984 MEETING. �iJ O Type of Public Improvement Unit Rate Storm Sewer $0.46 per linear foot Water Main 0.63 per linear foot Curb & Gutter 0.31 per linear foot Sidewalk 0.31 per linear foot Sanitary Sewer 0.78 per linear foot Streets 0.61 per linear foot Overlot Grading $48.50 each lot Minor development plans are defined for purposes of this section as plans that have no more than two entrances on a public right of way, involve no extensions or connections of water and sewer lines and involve no construction of buildings other than storage buildings. (f) For inspections conducted as provided by Sections 13-77 (b) and 13-89(b) of this article there shall be no fee. (g) For reinspections of improvements which upon original inspection were found to be faulty or incomplete, the fee paid by the sub- divider or developer shall be a sum equal to two times the in- spector's regular compensation for the time required for the re- inspection, but not less than $5.00. (h) For final inspections requested by subdividers and developers for release of performance or maintenance bonds, there shall be no fee unless the Director of Engineering finds that the improve- ments are not prepared and ready for final inspection; in which case, the fee shall be a sum equal to two times the regular com- pensation for the town employee's time required for inspection above what would have been required had the improvements been prepared and ready for final inspection but not less than $25.00. (i) For applications for variances filed under Sec. 13-91, the fee shall be $10.00. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. Mr. Bos commented that Council has been going over this for six months or more - this answers the question Council had about the fairness of charges. The ordi- nance was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-0-5.3 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP IN RE ZM-50. On motion of Mr. Bos, seconded by Mr. Tolbert, the following ordinance was proposed: WHEREAS, Rezoning Application 1150 by European-American Furniture Company, originally submitted by Fort Beauregard Associates, for an M-1 rezoning was referred to the Planning Commission on July 19, 1984; and WHEREAS, the Planning Commission on September 6, 1984, held a public hear- ing on the application for rezoning; and WHEREAS, the applicant's original written proffers were presented to the Planning Commission prior to the Commission's recommendation; and WHEREAS, on October 18, 1984, the Planning Commission adopted a resolution recommending to the Council denial of the M-1 rezoning request; and WHEREAS, the applicant agreed to rezoning to a less intense zoning district and submitted revised written proffers to the Council on November 14, 1984; and WHEREAS, the Council held a public hearing on November 14, 1984; and 1 MINUTES OF NOVEMBER 28, 1984 MEETING. 29 WHEREAS, it is determined that the public necessity, convenience, gene- ral welfare and good zoning practice will be served by rezoning the subject property to PD-GI, instead of M-1 as requested because: (1) this is logical extension of an existing PD-GI area; and (2) the Tuscarora Creek floodplain creates a logical boundary between employ- ment zoning to the north and residential zoning to the south; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is amended to revise the zon- ing district map to change from Loudoun County R-1 and Town R-2 to Loud- oun County PD-GI parcels of land containing 7.3 acres located on the west side of Lawson Road (Route 654) and shown on the plat submitted with the application dated July 2, 1984 by Bengtson, DeBell, Elkin and Titus; sub- ject, however, to the following conditions proffered by the applicant pur- suant to Section 15.1-491 of the 1950 Code of Virginia, as amended, and Section 11-8-4 of the Leesburg Zoning Ordinance: (a) Development concept plans meeting the requirements of Article 7 of the Loudoun County Zoning Ordinance shall be submitted to the town as liCt part of all applications for development of the tract. N (b) No free-standing sign directed to motorists on the Route 7-15 Lees- 1.1.1 burg Bypass shall be erected on the tract. GO (c) All outdoor storage of materials and maintenance activities shall Q be screened from the Route 7-15 Bypass and the NVRPA trail with screens as shown on approved concept development plans for the tract. (d) No parking area shall be created within 30 feet of the Route 7-15 Leesburg Bypass right-of-way. (e) The bonded development plan for the tract shall include, in addi- ' tion to on-site street improvements required by the subdivision and land development regulations , the widening of the Lawson Road pavement from the south property line of the VDH&T residency office property to the tract to be rezoned to a width of 22 feet. The additional width shall be constructed to town street specifications. (f) The following uses shall be prohibited on the tract: (a) Dry cleaning plant (b) Commercial repair garage (c) Commercial office building SECTION II. This ordinance shall be in effect upon its passage. Mr. Bos supports this ordinance - the zoning category and intended uses support the town's development plan and the items proffered by the applicant address most of the concerns Council had. An issue that is unresolved has to do with long-term use and changes of the road in that area. Under current law, this is a reasonable proffer. Mr. Williams felt that, based on the discussion at the Finance Committee meeting, this is a good zoning application - it will benefit the town. The change to PD-GI is excellent and he approves of the proffers. This is a good opportunity for the town to have some additional economic growth. Mr. Curry said it was requested to change to M-1 when it came to the Planning Commission, but he has no objection to changing it to PD-GI - it will be better for the town and the applicant as well. The resolution was unani- mously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 300 MINUTES OF NOVEMBER 28, 1984 MEETING. a221•- RESOLUTION - DECLARING THE COUNCIL'S INTENT TO CONSIDER AMENDMENT OF SECTION 7A-2 OF THE TOWN CHARTER AND SETTING FORTH THE DATE FOR A PUBLIC HEARING. On motion of Mrs . Hill, seconded by Mr. Williams, the following resolu- tion was proposed: WHEREAS, this Council intends to consider amendment of Section 7A-2 of the Town Charter to revise procedures for the appointment of mem- bers to the Board of Architectural Review, said amendment to read generally as follows: Section 7A-2. Board of Architectural Review The Board of Architectural Review shall be appointed as deter- mined by the Council by ordinance and its duties shall be as pre scribed in the Zoning Ordinance of the town with the right of appeal and review provided in Section 15.1-503.2 of the Virginia Code of 1950 as amended which powers stated therein relating to counties and county boards of supervision shall apply mutatis mutandis to the Town of Leesburg and its Town Council. ; and WHEREAS, a public hearing on proposed charter amendments is required by Section 15.1-835 of the Code of Virginia, 1950, as amended: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Public notice of the proposed amendment of Section 7A-2 of the Town Charter and a public hearing to be held at 7:30 p.m. , December 17, 1984 shall be advertised in the December 6, 1984 edition of the Loudoun Times-Mirror. Mayor Sevila pointed out that the change would be essentially to remove the language that permits the appointment to the Board by the Mayor with the con- sent of the Council and to replace it with the appointments to be made by the Council as determined by ordinance. The resolution was adopted by a vote of 4 to 3: Aye: Councilmembers Curry, Hill, Kelley and Williams. Nay: Councilmembers Bos, Tolbert and Mayor Sevila. 84-222 - RESOLUTION - DECLARING THE COUNCIL'S INTENT TO CONSIDER AMENDMENT OF SECTION 2-3 OF THE TOWN CHARTER AND SETTING FORTH THE DATE FOR A PUBLIC HEARING. On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution was proposed: WHEREAS, this Council intends to consider amendment of Section 2-3 of the Town Charter to change the title of the position of Mayor Pro Tempore to Vice Mayor, said amendment to read generally as follows: Section 2-3. Election of mayor; term of office and vice mayor. On the first Tuesday in May of each even-numbered year following nineteen hundred seventy-eight, the mayor shall be elected for a term of two years, beginning on the first day of July of the year of his election. The mayor so elected shall continue to discharge the duties of the office until a successor shall have qualified. The mayor shall preside at all meetings of the Council and.shall be a regular member of the Council. The mayor shall be recognized as the head of the municipal govern- ment for all ceremonial purposes, the purpose of military law and the service of civil process. The mayor shall authenticate by his signature such documents and instruments as the Council, Constitution or general laws require. MINUTES OF NOVEMBER 28, 1984 MEETING. 30- 1 At its first regular meeting after July one in the year a mayor is elected, the Council shall elect from among its members a vice mayor for a term of two years who shall act as mayor during the mayor's ab- sence or disability. The mayor pro tempore in an office at the effective date of this charter amendment is hereby continued in office as vice mayor for the term of office for which he was elected. ; and WHEREAS, a public hearing on proposed charter amendments is required by Section 15.1-835 of the Code of Virginia, 1950, as amended: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Public notice of the proposed amendment of Section 2-3 of the Town Char- ter and a public hearing to be held at 7:30 p.m. , December 17, 1984 shall be advertised in the December 6, 1984 edition of the Loudoun Times-Mirror. Mayor Sevila explained that the intent here is to bring our Charter in conformity with State law, which designates the office as that of vice mayor rather than mayor protempore. The resolution was unanimously adopted: (�. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. WPROPOSED RESOLUTION CONSENTING TO APPOINTMENT/REAPPOINTMENT OF MEMBERS TO BOARD OF ARCHITECTURAL REVIEW. Q Mayor Sevila explained that he has labored hard and long over this issue, which he considers an extremely important one. He believed the overriding interest in this matter is to make appointments of people who are qualified, concerned and capable of fulfilling the duties of the office to which they are appointed. Their most important function is to preserve the most valuable as- set this community has - its aesthetic beauty, its downtown and historic dis- trict, tradition and charm - it is the quality of this town which sets it apart ' and makes it perhaps the most attractive downtown within 100 miles of the Wash- ington Metropolitan area. After talking with members of the Board and members of Council, he has not been able to find any reason for not reappointing the present members or the need for change for change's sake. Mr. Williams called for a point of order, feeling that he should put the names in motion and then discuss it . Mayor Sevila replied that these remarks are a part of his motion. He did not feel there is any inherent right, whether by Mayor with advice and consent of Council or by Council as a body, the most important function is to find the most qualified people to perform the duties and function of the office to which they are appointed. He recognized the fact that Mr. Brownrigg, Chair- man, is no longer a resident of the town, though he has served some 20 years on the Board. Council feels that members of all Town boards and commissions should be residents of the Town and he agrees with this; also, that they should be regis- tered voters. For these reasons, he believes Mr. Brownrigg should not be reap- pointed - he has spoken with him about this and he understands the situation. Pursuant to the Charter provisions, Mayor Sevila made the following ap- pointments to the Board of Architectural Review, asking for consent of Council: Councilmanic Member Charles A. Bos, Planning Commission Member William F. Webb, Martha Lynch, Teckla Cox, B. Calloway Jones, W. Emory Plaster, Jr. and Sally R. Rich. The above appointments were moved by Mr. Tolbert and seconded by Mr. Bos. On motion of Mr. Williams , seconded by Mrs. Hill, Council voted 4 to 3 for an immediate vote on the question as follows: Aye: Councilmembers Curry, Hill, Kelley and Williams. Nay: Councilmembers Bos, Tolbert and Mayor Sevila. The motion consenting to the above appointments was defeated by a vote of 4 to 3 as follows : Aye: Councilmembers Bos, Tolbert and Mayor Sevila. Nay: Councilmembers Curry, Hill, Kelley and Williams. 302 MINUTES OF. NOVEMBER 28, 1984 MEETING. PROPOSED RESOLUTION APPROVING THE PRELIMINARY PLAT OF CATOCTIN VIEW SUBDIVISION. On motion of Mrs. Hill, seconded by Mr. Bos, a resolution approving the preliminary plat of Catoctin View Subdivision was proposed. It was felt there 1 should be comment on this by the Highway Department and that there should be an engineering report as well. Mr. Minor believed they could get an engineering report by the next committee meeting. Mrs.. Hill acid Mr. :Bos withdrew .the motion. On-motion of Mr. Curry, seconded by Mr. :Williams, motion was proposed :and .unani- mously adopted to refer this matter back to the Finance and Administration Com- mittee, with the staff directed to secure an engineering report from an outside firm: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-223 - RESOLUTION - AUTHORIZING SALE OF 8,856 SQUARE FEET OF EAST FIRST STREET RIGHT-OF-WAY. On motion of Mrs. Hill, seconded by Mr. Kelley, the following resolution was proposed: WHEREAS, an offer has been received from Thomas W. Nalls on behalf of Charles T. Matheson and Malcolm Matheson, III, trustees, owners of a 3.57 acre tract of land lying at the southeast corner of South King Street and - East First Street for the purchase of 8,856 square feet of East First Street right-of-way for a cash price of $26,500.00; and WHEREAS, the land proposed to be purchased is not needed for present or future right-of-way purposes and is therefore surplus and available for sale: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Mayor shall execute, on behalf of the town, a deed conveying 8,856 I square feet of East First Street right-of-way to Charles T. Matheson and Malcolm Matheson, III, trustees for a cash price of $26,500.00. The Council does further confirm that purchasers shall reimburse the town for the sum paid to the town attorney for his services in this matter. Mr. Curry asked what happens to the zoning in such a case? Mr. Nelis believed it would still be B-2 zoning. He understood the owners intend to use this as a park- ing lot to serve the Waverly development. The resolution was unanimously adopted: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-224 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING FOR VACATION OF A PORTION OF VALLEY VIEW AVENUE. On motion of Mrs. Hill, seconded by Mr. Bos, the following resolution was pro- posed and unanimously adopted: WHEREAS, an application by Tedence, Inc. has been submitted for vacation of a deadend portion of Valley View Avenue of approximately 11,500 square feet in area in the Town of Leesburg, situated between the lands of Te- dence, Inc. , Davis Avenue and South King Street, as shown on the boundary survey for the vacation dated November 20, 1984 and prepared by Patton. Harris, Rust & Associates; and WHEREAS, the applicant requests that a public hearing be held by the Coun- cil of the Town of Leesburg on said vacation: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Clerk of the Council is directed to publish a notice of intention to vacate the above described street, pursuant to Section 15.1-364 of the 1950 Code of Virginia, as amended, in the Loudoun Times-Mirror on Decem- ber 20, 1984 and December 27, 1984 for public hearing on January 9, 1985 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, virginia. MINUTES OF NOVEMBER 28, 1984 MEETING 303 Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. 84-225 - RESOLUTION - MAKING APPROPRIATIONS FOR SOUTH HARRISON STREET, YEAR 2. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed and unanimously adopted: WHEREAS, the following expenses have been incurred for the development of the VEPCO tract: 1. Steve Robin, Legal expenses, reviewing the development agreement in the amount of $800.00. 2. Bengtson, DeBell, Elkin and Titus, surveying for the division of the VEPCO tract in the amount of $1,200. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Appropriations are made from the South Harrison Street capital project 71. fund, year 2, unappropriated fund balance, to account numbers 9200.705, Commercial/Industrial Development, in the amount of $1,200 and 9200.706, N Parking Lot, in the amount of $800. WM Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Q Nay: None. 84-0-53A ORDINANCE - AMENDING SECTION 5.1-61 OF THE TOWN CODE REGARDING APPOINT- MENTS TO THE CABLE TELEVISION ADVISORY COMMISSION. On motion of Mrs. Hill, seconded by Mr. Williams, the following ordinance was proposed: ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 5.1-61 of the Town Code is amended to read as follows: Sec. 5.1-61. Commission Established Generally. (a) The Leesburg Cable Television Advisory Commission is hereby established. The commission shall consist of six members who shall be residents of the town. The office of any member shall be vacated if he or she becomes a nonresident of the town. Any vacancy shall be filled for the unexpired term in the same manner as provided herein for original and subsequent appointments. Members shall serve for terms of four years except for Councilmanic members. The first five members ' terms shall end on June 30, 1983, with ensuing terms ending every four years thereafter. Council shall appoint three members and two members shall be appointed by the franchisee by and with the consent of the town council. The Coun- cil shall appoint one member from the council to serve on the Commission whose term of office shall correspond to his official tenure of office as a councilmember. No member of the commission shall have any interest in franchisee or its contractors; or be an employee of the town. Members of the commission shall be subscribers of the cable television system dur- ing their terms when service is available to their residences. (b) Members shall be paid $600.00 each per year by the town, pay- able in equal monthly installments. Members shall be reimbursed for ac- tual expenses incurred in the exercise of their functions subject to the availability of funds appropriated for the purpose and as approved in ad- vance by the town manager. (c) The Commission shall elect its chairman annually and the town manager, or his designate, shall serve as secretary. The Commission shall meet monthly or more often as determined by the Commission. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. 304 MINUTES OF NOVEMBER 28, 1984 MEETING. SECTION III. This ordinance shall be effective upon its passage. Mr. Williams explained that the purpose of this change is to realign the various commissions where the Council as a whole body would make recommendations for com- missioners. In this particular action, they would be one step closer to having all of the commissions being appointed by the Council as a whole, which would tend to represent the citizens as a whole. In this way, Council would be active participants in supporting members of the commissions. Mr. Bos said he supports this despite his vote on the Charter change - it is clear that Council has a great interest in being involved in the appointment process in a.different man- ner. Mayor Sevila said he would not support this - it is one of three moves designed to take the appointment power from the office of the Mayor. This ordi- nance was only adopted in 1981. This leads him to conclude._that._he cannot re- call any conflicts or any inability on the part of Council.and _the_Mayor.to ar- rive at agreements that adequately serve the best interests of the community. The ordinance was adopted by a vote of 5 to 2: Aye: Councilmembers Bos, Curry, Hill; Kelley and Williams. Nay: Councilmember Tolbert and Mayor Sevila. 84-227 - RESOLUTION - ACCEPTING A SUBSTITUTE LETTER OF CREDIT FOR FOXRIDGE SUBDI- VISION. On motion of Mrs. Hill, seconded by Mr. Tolbert, the following resolution was proposed: WHEREAS, the Town Council approved an irrevocable letter of credit bond in the amount of $189,785 from the Bank of Alexandria for the Foxridge Subdivision on June 27, 1984; and WHEREAS, the developer has now offered an irrevocable letter of credit in the amount of $189,785 from the Capitol Bank, N.A. of Washington, D.C. : THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A substitute letter of credit from the Capitol Bank in the amount of $189,785 is accepted conditional upon the Town Attorney's review and approval. Mr. Williams felt a firm date should be set when all of the proceedings on this particular exchange will take place - December 13th has been suggested. Mr. Curry disqualified himself from voting on this matter as he has done all along. Mr. Williams said it is a matter of good business that this matter be consummated. Mayor Sevila explained that this particular resolution has to do with a letter of credit that has been approved and the substitution therefor. The town has performed on its obligation under our agreement, however, payment of funds has not been made by the developer - he agreed that a date should be set. Here we would be accepting an irrevocable letter of credit from a bank which is out of state - this emphasizes the need for appropriate criteria or standards to be imposed on all letters of credit. Mr. Bos understood the County has been going through this same kind of thing, so perhaps they have some information that might be shared. Mayor Sevila said he believes Fairfax County is going through the same thing. Mr. Minor said he should have someone on staff in about 30 days that can handle this. The resolution accepting the substitute letter of credit was adopted by a vote of 6 to 1 abstention: Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Abstention: Councilmember Curry. 84-228 - RESOLUTION - AFFIRMING TOWN MANAGER'S LETTER CONCERNING AGREEMENT OF AUGUST 24, 1981 BETWEEN THE TOWN OF LEESBURG AND ALFRED A. PERRY AND HARRY C. PERRY & ASSOCIATES. On- motion of.-Mrs: Hill,>_seconded by Mr.,Williams;"the' following' resolution was proposed and adopted by a vote of 6 to 1, with Mr. Curry abstaining: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: i 305 MINUTES OF NOVEMBER 28, 1984 MEETING. RN Council affirms and ratifies the Town Manager's letter of November 27, 1984 to Mr. Alfred A. Perry setting the date of December 13, 1984 for delivery of $100,000 due the Town of Leesburg in accordance with an agreement made on August 24, 1981 by and between Alfred A. Perry and Harry C. Perry & Associates. Aye: Councilmembers Bos, Hill, Kelley, Tolbert, Williams and Mayor Sevila. Nay: None. Abstention: Councilmember Curry. On motion of Mrs. Hill, seconded by Mr. Tolbert, the meeting was adjourned. _ I Mayor Clerk of th Council N N W CD Q I