HomeMy Public PortalAbout1985_05_22 MINUTES OF MAY 22, 1985 MEETING.
404
Mr. Frank Raflo commented that he was upset at first by some of Mr. Minor' s
comments and justifications and hoped the town was not spending non-recurring
money on non-recurring expenses, however, he was pleased and gratified when he
found that all of the $894,000 was being spent in what can be characterized as
"capital outlays". Six of the nine sources of the new revenue are those you
may not have next year - he was pleased that they didn't spend that on the opera-
tion of the government , but spent it on one thing that is not going to continue.
One year the County took $4,000,000 and balanced the budget with it - the next
year that surplus wasn' t there and they had to raise taxes considerably just to
get even. He complimented the Town Manager and the Council and those who pre-
pared it, recognizing that if you have a balance you don' t take it out and spend
it to balance the budget - you spend it on those one-time things, the cost of
which won' t be there the next year. They did this without a tax increase and
handled it very well.
Mr. Stanley Caulkins, merchant, commercial property owner and residential
owner, knew Council has been besieged with parking and parking garages and facili-
ties in our immediate downtown area. He knew too that Council has made some ef-
fort to escrow some of the monies to look into the development of plans for a
parking garage, a new town office building that will adequately handle the staff
that is obviously going to be required from looking at the increases projected and
from the planning that is going on. If we don' t start planning now and making
some application through escrow accounts, etc. , we will be behind the "8" ball.
He congratulated the manager and the Council and thinks they have done a great
job.
Mr. Charles Smith, President of the Virginia Knolls Community Association,
commented that they are looking forward to some long-term plans for storm drain-
age management on the Tuscarora Creek. They hope this will receive a lot of at-
tention .
The public hearing was closed.
On motion of Mrs . Hill, seconded by Mr. Williams, Council voted unanimously
to refer the budget for further consideration at its budget workshop on June 5
at 7:30 p.m. in Council Chambers:
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
COUNCILMEMBER COMMENTS:
Mr. Williams reported that he and Mr. Curry attended the Virginia Municipal
League town section meeting in Warrenton which covered the broad aspects of legis-
lation enacted by the Legislature this past year. One particular item worth not-
ing was the insurance act, which provides that a certain amount of each person's
premium on their home will go to local fire departments. It takes about 18 months
before it is actually paid. This is a worthwhile effort and Council supported it
by sending a letter to Richmond. He was not sure whether this is paid to the lo-
cal fire department or to the County and then disbursed. They also had the op-
portunity to participate in the long-range planning also put on by the League and
which was an excellent program. There was strategic planning associated with it
which included a lot of aspects for government to look at and see what activities
would have to take place in their communities.
The Environmental Advisory Commission met last night - there was a briefing
by staff member Linda DeFranco, who advised that the litter control grant had not
been approved in Richmond due to the way it was presented. They want us to take
a new look at it and provide them with some new incentives on how we might use the
money (roughly $1800) . The Commission suggested several different ways - one be-
ing
to consider a less expensive receptacle than what we are currently using -
they recommended the one currently in use in Alexandria (the whiskey barrel type
with liner) . That would be used outside of town and would have to be approved
in town by the BAR. It is a nice concept and they hve recommended that it be
used. They didn't particularly like for the money tolspent for a private firm
(ECHO) to clean up parks - they felt this should be a volunteer program. The
Commission' s response to this was that this is a special program, using sheltered
workshop people - it really aided two factors (the workshop provided jobs for those
who may have trouble finding employment in other areas and it addressed a matter
•
of concern to everyone with respect to litter in that park) - the only change they
made there was that they would address both parks - North Street and Plaza Street) .
•
MINUTES OF MAY 22, 1985 MEETING.
•
Mr. Curry reported that the Planning Commission, at its meeting on the 405
i� 16th, approved the final plat for Exeter Hills, Section IV (the old section
started several years ago by the Phillips) . They approved the final develop-
ment plan for Cardinal Park, Lot 1 (three office buildings) . They recommended
approval of ZM-58 - Richlynn Development near the airport, with the condition
that they either run the water line out or run it in conjunction with others
but to at least connect to the town water line. They also had a list of proffers.
Mr. Tolbert said he was sorry Keep Loudoun Beautiful did not get a notice of
that meeting in Richmond - they would have been glad to go. Mrs. Fixx and Mrs.
DeFranco told him about it and he has invited them to come and report to KLB the
first Wednesday of next month.
Concerning an appointment to the Airport Commission, the Commission did not
meet this month. There will be a meeting the first Thursday in June (the 6th)
and they will have a report back to Council at its first meeting in June.
MAYOR'S REPORT:
Mayor Sevila reported that he attended the annual special field day at Loudoun
County High School yesterday. All the children participating in the special edu-
cation program were invited to come and thea rre involved in a variety of ath-
W letic events. This is the third one he has/ 11e opportunity to host and attend.
It is a very successful event - members of the media were there and he hoped the
public is fully informed on this event and what it means to all those participating
0 0 in it but, most importantly, those who give so much of their time and energy to
CO make it a success.
CO
Q A citizen questioned him about whether an advisory committee consisting of
downtown business people, residents, architects, engineers and others who might
be interested might be appointed concerning a parking facility. This will be an
agenda item for the first week in June.
He received a letter this week from the Governor' s office informing the town
that Virginia has begun to adopt "The Virginia Main Street Program". There will
be five localities in the State of Virginia with populations between 5,000 and
' 50,000 who will be selected to participate in this program - it will involve some
funding and three years of technical advice. He asked Mr. Minor to put this be-
fore the proper committee for consideration.
MANAGER'S REPORT:
Mr. Minor called attention to the Activity Report distributed Monday night,
which included information on the six-year VDH&T Plan. Catoctin Circle extension
was omitted on this plan and the planning staff is working on this. Route 654
and the Plaza Street extension were both included.
He called attention to the check list prepared by the staff for preliminary
development plans and plats - this is very extensive and should be of benefit
to both the Planning Commission and the Planning Department.
LEGISLATION:
On motion of Mrs. Hill, seconded by Mr. Williams, the following ordinance
and resolutions were proposed and unanimously adopted as consent items:
85-0-7 - ORDINANCE - AMENDING SECTION 17-1 . 1 OF THE TOWN CODE.
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 17-1. 1 of the Town Code is amended to read as follows:
Sec. 17-1. 1. Tax Relief for the elderly and totally and permanently
disabled.
(a) Definitions
As used herein:
MINUTES OF MAY 22, 1985 MEETING.
406
(1) "Total gross combined income" means gross income from all
sources of the owners of the dwelling residing therein and
of any relatives of the owner who reside in the dwelling,
provided that the first $4,000 of income of each relative,
other than the spouse of the owner or owners, who is living
in the dwelling shall not be included in such total.
(2) "Net combined financial worth" means all assets less liabilities
of the owners of the dwelling and of the spouse of any owner who
resides therein, including equitable interests , excluding the
value of the dwelling and the land in an amount not to exceed
one acre upon which it is situated.
(3) "Affidavit" means the real estate tax exemption or deferral
affidavit.
(4) "Town" means Town of Leesburg, Virginia.
(5) "Town Council" means the Town Council of the Town of Leesburg.
(6) "Director of Finance" means the Director of Finance of the town
or any of his duly authorized agents .
(7) "Deferral'-' means deferral from the town real estate tax according
to the provisions of this chapter.
(8) "Dwelling" means the full-time owned residence of the person or
persons claiming exemption or deferral ; and the land on which
it is situated, not to exceed one acre.
(9) "Exemption" means exemption from the town real estate tax according
to the provisions of this chapter.
(10) "Head of Hosehold" means the primary earner of income, between the
husband and wife, who either jointly or solely owns the dwelling
and qualifying land on which tax relief is sought.
(11) "Person" means a natural person.
(12) "Permanently and totally disabled" means a person who has been
certified by the Social Security. Administration. the Veterans
Administration, or the Railroad Retirement Board, or if such
person is not eligible for certification by any of these agencies,
a sworn affidavit by two medical doctors licensed to practice
medicine in the Commonwealth, one of whom practices medicine in
Leesburg, to the effect that such person is permanently and to-
tally disabled. The affidavit of at least one of such doctors
shall be based upon a physical examination of such person by such
doctor. The affidavit of one of such doctors may be based upon
medical information contained in the records of the Civil Service
Commission which is relevant to the standards for determining
permanent and total disability.y. For purposes of this section,
the term "permanently and totally disabled" shall mean unable to
engage in any substantial gainful activity by reason of any medi-
cally determinable physical or mental impairment or deformity which
can be expected to result in death or can be expected to last for
the duration of such person' s life.
(13) "Property',' means real property.
(14) "Taxable year" means the calendar year, from January 1 until
December 31 for which exemption or deferral is claimed.
Sec. 17-1. 2. Exemption or deferral authorized; effective date.
(a) Real estate tax exemption or deferral is provided for qualified
property owners who are not less than sixty-five years of age or
who are permanently and totally disabled and who are eligible
according to the provisions of this chapter. Persons qualifying
for exemption or deferral are deemed to be bearing an extraordi-
nary real estate tax burden in relation to their income and fi-
nancial worth.
MINUTES OF MAY 22, 1985 MEETING. A
(b) The effective date of this chapter shall be January 1, 1985. Y Q
Sec. 17-1 . 3. Administration of exemption or deferral.
The exemption or deferral shall be administered by the Director
of Finance according to the provisions of this chapter. The
Director is hereby authorized to make an inquiry of persons
seeking such exemption or deferral in conformity with the pro-
visions of this chapter, including the requiring of answers
under oath, as may be reasonably necessary to determine qualifi-
cations for exemption or deferral as specified by this chapter.
The Director may require the production of certified income tax
returns and appraisal reports to establish income and/or financial
worth.
Sec. 17-1.4. Requirements for exemption or deferral.
An exemption or deferral shall be granted subject to the follow-
ing provisions:
(a) The title of the dwelling for which an exemption or deferral is
claimed is held, or partially held, on January 1 of the taxable
M
W year by the person or persons claiming the exemption or deferral.
O (b) The person or persons occupying the dwelling and owning title,
M or partial title, thereto is not less than sixty-five years of
LLJ age on December 31 of the year immediately preceding the taxable
[n year, or the person or persons occupying such dwelling are con-
A sidered to be permanently and totally disabled as defined in
417-1. 1-(12) of this ordinance.
(c) A dwelling jointly held by a husband and wife may qualify if
either spouse is over sixty-five or is permanently and totally
disabled. Such exemption or deferral program shall be subject
to the following restrictions and conditions:
(1) The gross combined income of the owner or owners during the
year immediately preceding the taxable year did not exceed
eighteen thousand dollars ($18,000) . Gross combined income
includes all income from all sources of the owner or owners
and of owners ' relatives living in the dwelling for which the
exemption or deferral is claimed, provided that the first four
thousand dollars ($4,000) of income of each relative, other
than the spouse, of the owner or owners, who is living in the
dwelling, shall not be included in such total.
(2) The total combined net financial worth of the owner or owners
as of December 31 of the year immediately preceding the taxable
year did not exceed sixty-five thousand ($65,000) . Total net
financial worth shall include the value of all assets, includ-
ing equitable interests, of the owner or owners and the owner' s
spouse, and shall exclude the fair market value of the dwelling
and the land upon which it is situated, not exceeding one acre,
for whicch the exemption or deferral is claimed.
Sec. 17-1 .5. Claiming an exemption or deferral.
(a) Annually, and not later than May 1 of the taxable year, the
person or persons claiming either an exemption or deferral
must file a real estate tax exemption or deferral affidavit
with the Director of Finance. Those applying for an exemption
or deferral for the first time must file on or before Septem-
ber 1 of the tax year for which relief is sought. The Director
shall have the discretion to permit applicants to file after
these deadlines in cases of genuine hardship.
(b) The affidavit shall set forth in a manner prescribed by the
Director the names of the related persons occupying the dwell-
ing for which the exemption or deferral is claimed, their
gross combined income and the total combined net worth of the
MINUTES OF MAY 22, 1985 MEETING.
408
owners and spouses . The affidavit shall also state whether or
not the person or persons claim the exemption or the deferral
option and, if the deferral, the amount of deferral claimed, up
to 100% of the real estate tax liability.
(c) If, after audit and investigation, the Director determines that
the person or persons are qualified for an exemption or deferral,
he shall so certify and shall deduct the amount of the exemption
or deferral from the claimant ' s real estate tax liability.
Sec. 17-1.6. Amount of exemption.
The person or persons qualifying for and claiming an exemption
shall be relieved of all real estate tax liability for that por-
tion of the real estate tax levied on the qualifying dwelling
of land.
Sec. 17-1 .7. Amount of deferral; repayment of deferred taxes.
The person or persons qualifying for and claiming a deferral
shall be relieved of all real estate tax liability levied on
the qualifying dwelling and land.
The accumulated amount of taxes deferred shall be paid, without
penalty and with interest in the amount of 8% per year, to the
Director of Finance by the vendor upon the sale of the dwelling,
or from the estate of the decedent within one year after the
death of the last owner thereof who qualifies for tax deferral
under the provisions of this chapter. Such deferral of real
estate taxes shall constitute a lien upon the real estate as
if they had been assessed without regard to the deferral per-
mitted by this chapter. However, such liens shall, to the extent
that they exceed in the aggregate ten percent of the gross price
for which such real estate may be sold, be inferior to all other
lines of record.
Sec. 17-1.8. Changes in status.
Changes with respect to income, financial worth;= ownership of
property, medical status or other factors occurring during the
taxable year for which the affidavit is filed, and having the
effect of exceeding or violating the limitations and conditions
provided in this chapter, shall nullify any relief of real estate
tax liability for the then current taxable year and the taxable
year immediately following.
Sec. 17-1.9. False claims.
Any person or persons falsely claiming exemption or deferral
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $50.00 nor more than $300.00 for
each offense.
SECTION II. This ordinance shall be effective January 1, 1985.
85-71 - RESOLUTION - AUTHORIZING AN AGREEMENT BETWEEN THE TOWN OF LEESBURG AND
CATOCTIN VIEW, INC.
WHEREAS, Catoctin View, Inc. has submitted an application for a zoning
permit to construct a house on a seven acre tract on Dry Mill Road; and
WHEREAS, a preliminary plat to subdivide the property has been approved
by the Council ; and
WHEREAS, a final plat and construction drawings have been submitted to
the town and are under review; and
WHEREAS, the seven-acre tract represents a building lot within the R-1
zone; and
WHEREAS, proposed construction of a single-family detached residence on
this property will not necessitate construction of public improvements and
would require the construction of a sewer and water lateral in excess of
200 feet ; and
1 MINUTES OF MAY 22, 1985 MEETING.
409
WHEREAS, the Town Code permits a private well supply; and
WHEREAS, the director of engineering has approved drawings submitted for a
sewer lateral ; and
WHEREAS, Catoctin View, Inc. has agreed to submit sufficient bond or other
guarantees satisfactory to the town for the installation of all required
public facilities within 30 days of approval of construction drawings for
the final plat of Catoctin View Subdivision:
THEREFORE , RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The manager is authorized and directed to execute an agreement on be-
half of the town with Catoctin View, Inc. dated May 17, 1985.
85-72 - RESOLUTION - GRANTING AN EXTENSION OF TIME TO CONSTRUCT A PARKING FACILITY
AT THE CORNER OF KING AND NORTH STREET FOR MRS. JAN DICKSON
McVAY.
WHEREAS, the Council granted a special exception on April 4, 1984 to Mrs .
CO
Jan Dickson McVay to permit three additional one-bedroom dwellings at 7
W E. North Street with conditions; and
0 WHEREAS, a site plan for the aforementioned development was approved by
m the Planning Commission on September 6, 1984; and
CO WHEREAS, the site plan and Leesburg Zoning Ordinance requires the construc-
Q tion and landscaping of a six-space paved parking facility; and
WHEREAS, an occupancy permit for the apartments was granted in January 1985;
and
WHEREAS, the required parking facilities have not been constructed; and
WHEREAS, because of difficulties in construction scheduling and the storage
III of materials, the applicant has requested additional time to comply with
the requirements of the zoning ordinance and site plan:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The zoning administrator is directed to withhold the town's
available remedies to require compliance with the site plan and parking
requirements of the zoning ordinance for the aforementioned apartment com-
plex for the period not to exceed sixty days from the effective date of
this resolution if construction of the required parking facilities is be-
gun within that time limit.
SECTION II. The zoning administrator is further directed not to enforce
the available remedies for violation of the zoning ordinance and site plan
for an additional sixty days from July 22 if construction and landscaping
of the lot is completed within that additional sixty-day period.
85-73 - RESOLUTION - SUPPORTING PREVENTION OF INFANT DEATHS BY PROMOTING AVAIL-
ABIL11Y OF APNEA MUNIIUKS FON FAMILIES IN NEED.
WHEREAS, a number of Northern Virginia infants are at risk of death because
of life-threatening conditions such as apnea (suspension of respiration) or
the presence of predisposing factors associated with Sudden Infant Death Syn-
drome; and
WHEREAS, equipment, called apnea monitoes, can be used to prevent some of
these deaths by alerting parents to irregularities in breathing or heart
rate in time for intervention; and
WHEREAS, the Northern Virginia Planning District Commission has requested
assistance from the Leesburg Town Council in addressing the difficulties
that some Northern Virginia families appear to have in identifying apena re-
sources in the community and in finding ways to finance apnea monitor ren-
tal; and
MINUTES OF MAY 22, 1985 MEETING.
410
WHEREAS, it has been found that, in Virginia, apnea monitor rental is
not an expense eligible for Medicaid reimbursement; and
WHEREAS, it has also been found that within the Northern Virginia region
j there is considerable variation among jurisdictions in the availability
of programs that loan apnea monitors for free to those in need, and in
the availability of other supportive services to families who need apnea
monitors ; and
WHEREAS, the Northern Virginia Planning District Commission has transmitted
a letter to the Secretary of Human Resources concerning the future possi-
bility of including apnea monitor rental as an eligible Medicaid service:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The aforementioned letter from the Northern Virginia Planning
District Commission to the Secretary of Human Resources has the full sup-
port of the Leesburg Town Council, as does any program which will make apnea
monitors available to any family which is in need of same.
SECTION II. The manager is hereby directed to transmit copies of this
resolution to the Secretary of Human Resources, the Northern Virginia Plan-
ning District Commission and the Loudoun Memorial Hospital.
85-74 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE BOND
AND APPROVING A MAINTENANCE BOND FOR THE KINDER CARE DEVELOP-
MENT PLAN.
WHEREAS, the developer for Kinder Care has completed public improvements in
accordance with town standards and specifications and these have been in-
spected and approved:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The performance bond in the amount of $8,064 is released and a maintenance
bond to be in effect for a period of one year from this date in the amount
of $404 is approved.
85-75 - RESOLUTION - APPOINTING A DEPUTY ZONING ADMINISTRATOR.
WHEREAS, Section 7A-1 of the Charter authorizes appointment of deputy zon-
ing administrators ; and
WHEREAS, efficient zoning ordinance administration requires appointment of
deputy zoning administrators to act in the absence of the zoning adminis-
trator:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The director of planning, zoning and development is appointed a deputy
zoning administrator to act in the absence of the zoning administrator.
85-76 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE CON-
CERNING PARKING REQUIREMENTS WITHIN THE H-1 HISTORIC DISTRICT.
WHEREAS, the many significant structures within the Old and Historic Dis-
trict are an invaluable community resource, recognized in the Town Plan;
and
WHEREAS, the encouragement of infill development within the downtown is an
essential element in the growth management objectives of the town; and
WHEREAS, the provision of adequate parking within the downtown is a responsi-
bility which must be shared by both developers and the town:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. An amendment of the Off-street Parking and Loading Requirements
of the Leesburg Zoning Ordinance is initiated to revise Section 2-7-1(c)
General Requirements for Off-street Parking and Loading, to read as follows:
MINUTES OF MAY 22, 1985 HEETiNG. 411
(c) Rather than providing the required off-street parking on-site
due to a change of use, expansion of an existing use or new con-
struction, developers of land within the H-1 Historic District
may provide a portion or all of such parking by means of a payment
to the town' s parking fund. Such payments shall be based on a one-
time fee per parking space, as established from time to time by reso-
lution of the Town Council. Any off-street parking satisfied in this
manner shall run with the land, and any subsequent change in use that
requires more off-street parking shall require subsequent action to
satisfy additional parking requirements. No refund of such payment
shall be made when there is a change to a use requiring less parking.
Such payment shall be made to the town in one lump sum prior to the
issuance of a zoning permit . Funds derived from such payment shall
be deposited by the town in a special parking fund and shall be used
and expended exclusively for the purpose of planning, designing, acquir-
ing and developing off-street parking facilities in the H-1 Historic
District.
SECTION II. A public hearing at which persons affected by or interested
in the amendment proposed above may appear and present their views shall
be held beginning at 7:30 p.m. or as soon thereafter as the matter may be
reached on June 12, 1985 in the Council Chambers, 10 Loudoun Street, S.W. ,
Leesburg, Virginia, and in line with Section=_ 15. 1-431 of the Code of Vir-
ginia, as amended, this hearing shall be a joint public hearing of both
Planning Commission and Council. The clerk shall give notice of this
hearing and the Council' s intention to consider the amendments on May 30,
1985 and June 6, 1985 and shall advise the Planning Commission of the
purpose, time and date of the hearing.
SECTION III. The Planning Commission shall report its recommendations to
the Town Council on the proposed amendments within sixty days of the pub-
lic hearing.
85-77 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE CON-
CERNING HEIGHT LIMITATIONS.
WHEREAS, the Council desires to promote the public safety and welfare;
i I to facilitate the creation of a convenient, attractive and harmonious
community; and to protect property values; and
WHEREAS, the current Leesburg Zoning Ordinance exempts certain structures
from height limitations which may, at excessive heights, adversely impact
property values and the attractiveness of the town; and
WHEREAS, amendment of the Leesburg Zoning Ordinance is necessary to pro-
vide greater control over the height of certain structures:
THEREFORE, RESOLVED by the Council of the Town of Leesbrurg in Virginia
as follows:
SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated
to revise Section 8-2-1 to read as follows:
Sect. 8-2-1 Height limitations do not apply to: barns, silos or
other farm structures ; and, to elevators, derricks, towers or other
necessary industrial equipment ; and to church spires, belfries, cupo-
las, domes, monuments, water towers, fire and hose towers, windmills,
chimneys, smokestacks, wind and to parapet walls extending not more
than four (4) feet above the limiting height of the building.
SECTION II. A public hearing at which persons affected by or interested
in the amnendment proposed above may appear and present their views shall
be held beginning at 7:30 p.m. , or as soon thereafter as the matter may
reached on June 12, 1985 in the Council Chambers, 10 Loudoun Street,
S.W. , Leesburg, Va. and in line with Section 15. 1-431 of the Code of
Virginia, as amended, this hearing
shall be a joint public hearing of both Planning Commission and Council.
The clerk shall give notice of this hearing and the Council' s intention
to consider the amendments on May 30, 1985 and June 6, 1985 and shall
advise the Planning Commission of the purpose, time and date of the
hearing.
412 MINUTES OF MAY 22, 1985 MEETING.
SECTION III. The Planning Commission shall report its recommendations
to the Town Council on the proposed amendments within sixty days of the
public hearing.
85-78 - RESOLUTION - INITIATING AMENDMENT OF THE LEESBURG ZONING ORDINANCE
CONCERNING SIGN REGULATIONS FOR FLAGS.
WHEREAS, this Council in June, 1983, approved the East Market Street Design
Study for improving the physical appearance of East Market Street to promote
public safety and welfare; to facilitate the creation of a convenient, at-
tractive and harmonious community; and to protect property values; and
WHEREAS, the East Market Street Design Study recommends revising town sign
regulations to better promote these objectives by encouraging signs that
are not distracting to motorists and that are compatible with the surround-
ing streetscape and architecture; and
WHEREAS, large and/or numerous governmental flags, when displayed on a
business lot , effectively serve as an advertising sign:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. An amendment of the Sign Regulations of the Leesburg Zoning
Ordinance is initiated to revise Section 8-A-1-7(c) , Exceptions to read
as follows:
Sec. 8-A-1-7 Exceptions. The following signs are not subject to the
provisions of this Article:
(c) Flags, emblems and insignia of any governmental agency;
provided, however, that no single governmental flag shall
exceed fifty square feet in area and no single zoning lot
shall display more than three subh flags. If the total •
area of such flags exceeds 72 square feet, the excess area
shall be included in the sign area calculations for the
zoning lot.
SECTION II. A public hearing at which persons affected by or interested
in the amendment proposed above may appear and present their views shall
be held beginning at 7:30 p.m. or as soon thereafter as the matter may be
reached on June 12, 1985 in the Council Chambers, 10 Loudoun Street, S.W. ,
Leesburg, Virginia and in line with Section 15. 1-431 of the Code of Vir-
ginia, as amended, this hearing shall be a joint public hearing of both
Planning Commission and Council. The clerk shall give notice of this hear-
ing and the Council's intention to consider the amendments on May 30, 1985
and June 6, 1985 and shall advise the Planning Commission of the purpose,
time and date of the hearing.
SECTION III. The Planning Commission shall report its recommendations to
the Town Council on the proposed amendments within sixty days of the pub-
lic hearing.
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None:
85-79 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE COUNTY OF LOUDOUN AND THE
VIRGINIA'DEPARTMENT OF HIGHWAYS AND TRANSPORTATION REGARD-
ING ACCESS TO THE ROUTE 15 BYPASS.
On motion of Mrs. Hill, seconded by Mr. Tolbert , the following resolution
was proposed and unanimously adopted:
WHEREAS, Council has approved concept plans for the Potomac Crossing and
Exeter developments ; and
WHEREAS, these developments have committed their pro rata share of at-grade
and grade-separated improvements to Route 15 based on traffic volumes pro-
jected to be generated by these developments ; and
WHEREAS, certain improvements will be required to the Route 15 bypass to
accommodate traffic circulation and access; and
MINUTES OF MAY 22, 1985 MEETING. 9
WHEREAS, future traffic from these developments may necessitate the 41 3
closure of the Balls Bluff Road intersection at the Route 15 bypass:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized and directed to execute an agreement
with the County of Loudoun and the Virginia Department of Highways and
Transportation as represented in the agreement submitted to the Council
for consideration on May 13, 1985.
SECTION II. The manager is directed to transmit the agreement for final
execution to the County of Loudoun and the Virginia Department of High-
ways and Transportation.
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
85-80 - RESOLUTION - AUTHORIZING CONTRACT WITH R. F. KLINE, INC. FOR CONSTRUCTION
OF WASTEWATER TREATMENT PLANT IMPROVEMENTS.
CO On motion of Mrs. Hill, seconded by Mr. Williams, the following resolution
was proposed and unanimously adopted:
O WHEREAS, the Environmental Protection Agency and the State Water Control
CO Board reviewed and approved the Town's design of the Sewage Treatment Plant
CO upgrade and expansion project and approved a step III construction grant in
Q the amount of $6,096, 260; and
WHEREAS, by correspondence dated May 1, 1985 the State Water Control Board
has requested that the Environmental Protection Agency amend its step III
grant to the Town of Leesburg to include an additional $1,000,000.00 ; and
WHEREAS, bids were received for the construction of the Sewage Treatment
Plant upgrade and expansion project on October 31, 1984; and
WHEREAS, the Council issued a tentative contract award to F. R. Kline, Inc.
by resolution dated November 17, 1984 based on their submittal of the low-
est responsible bid; and
WHEREAS, the construction of the Sewage Treatment Plant upgrade and expan-
sion project is necessary for the Town to meet Environmental Protection
Agency and State Water Control Board sewage treatment plant permit require-
ments and provides the needed capacity to compliment the Town' s existing
water supply.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A contract award is made to R. F. Kline, Inc. of Frederick,
Maryland for construction of the Sewage Treatment Plant upgrade and expan-
sion project on a lump sum basis in the amount of $8,668,490. The manager
shall enter into a contract with R. F. Kline, Inc. for the construction of
the Sewage Treatment Plant upgrade and expansion project based on this
award.
SECTION II. This award is made with reservation of the Town' s rights to
adjust the contract amount for the deductible alternatives outlined in the
bidding documents and other adjustments as agreed to by the contractor
and the Town.
SECTION III. The Council at its option will require prior approval of all
requisitions for payment under this contract .
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
MINUTES OF MAY 22, 1985 MEETING.
414
85-81 - RESOLUTION - AUTHORIZING NOTICE OF PUBLIC HEARING ON THE COMMONS
AT LINDEN HILL PLANNED RESIDENTIAL NEIGHBORHOOD RE-
ZONING APPLICATION #60 BY LINDEN HILL DEVELOPMENT
CORPORATION.
On motion of Mrs. Hill, seconded by Mr. Kelley, 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 Application #60 by
Linden Hill Development Corporation to have rezoned from County R-1
to Planned Residential Neighborhood (PRN) , 10. 3367 acres of land lo-
cated on the west side of South King Street (Route 15) and bounded
by the Leesburg Country Club Subdivision on the north and west and
land of Allman Trustee on the south shall be published in the Loudoun
Times-Mirror on June 6, 1985 and June 13, 1985 for public hearing on
June 26, 1985 at 7:30 p.m. in the Council Chambers, 10 West Loudoun
Street, Leesburg, Virginia.
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
85-0-8 - ORDINANCE - AMENDING THE PLANNED DEVELOPMENT REGULATIONS OF THE LEESBURG
ZONING ORDINANCE REGARDING NEIGHBORHOOD CONVENIENCE CENTERS.
On motion of Mrs. Hill, seconded by Mr. Tolbert , the following ordinance was
proposed:
WHEREAS, on January 17, 1985 the Planning Commission initiated an amend-
ment to the Planned Development Regulations of the Leesburg Zoning Ordi-
nance regarding neighborhood retail convenience centers ; and
WHEREAS, on February 21, 1985 the Planning Commission conducted a public
hearing and heard all persons desiring to express their views on the pro-
posed amendment ; and
WHEREAS, on March 7, 1985 the Planning Commission recommended to Council
approval of the proposed amendment ; and
WHEREAS, this Council conducted a public hearing on April 10, 1985 and
heard all persons desiring to express their views on the proposed amend-
ment ; and
WHEREAS, changes were included in the proposed amendment as a result of the
first Council hearing, this Council conducted a second public hearing on
May 22, 1985 regarding the following proposed amendment and heard all per-
sons desiring to express their views on the proposed amendment; and
WHEREAS, the Planning Commission and this Council find that the follow-
ing amendment is required by public necessity, convenience, general wel-
fare and good zoning practice because:
1. This amendment is necessary to establish an adequate amount of
commercial floor area to meet the convenience shopping needs of
future town residents.
2. This amendment will control the timing of development of commercial
areas within Planned Developments .
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 7B-15(b)(2)(bb) is amended to read as follows:
(ii) Centers may be comprised of a convenience store or collection of
stores including mixed retail, service, financial and local office
uses.
(v) The maximum size of a neighborhood retail convenience center shall
be established at the time of preliminary development plan approval
and shall not exceed a total of 40 square feet of gross leasable
MINUTES OF MAY 22, 1985 MEETING.
415
floor area per dwelling unit withinthe approved PRN district.
i Notwithstanding, no center within a PRN district shall exceed
II a total of 50,000 square feet of gross leasable floor area.
(vi) No neighborhood retail convenience center shall be permitted
within any PRN district which is approved for less than a total
of 500 dwelling units.
SECTION II. Section 7B-16(b)(2)(bb) is amended to read as follows:
(ii) Centers may be comprised of a convenience store or collection
of stores including mixed retail, service, financial and local
office uses.
(v) The maximum size of a neighborhood retail convenience center
shall be established at the time of preliminary development plan
approval and shall not exceed a total of 40 square feet of gross
1 leasable floor area per dwelling unit within the approved PRC
district. Notwithstanding, no center within a PRC district shall
exceed a total of 50,000 square feet of gross leasable floor area.
Any commercial floor area in excess of this amount must be approved
as a mixed use center, as authorized herein.
03
(vi) No neighborhood retail convenience center shall be permitted
O within any PRC district which is approved for less than a
mM total of 500 dwelling units.
W (vii) No zoning permit shall be issued for any neighborhood retail con-
A venience center, or any phase thereof, prior to the issuance of
zoning permits for at least one-half of the planned dwellings in
the district.
SECTION III. This ordinance shall be in effect upon its passage.
Mr. Williams felt Council and staff have worked hard to strike a balance in this
particular area and that it will work well . Mayor Sevila agreed - a number of
legitimate concerns have been expressed by members of the public and by council-
members' to the extent that they have been met in this ordinance and in the for-
mula created. They can express appreciation to the Exeter developers for bring-
ing this to Council' s attention. We have added some "tune up" provisions that
will make the neighborhood convenience center a more viable concept. He is very
satisfied with the final product . The ordinance was unanimously adopted:
Aye: Councilmembers Curry, Hill , Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
85-0-9 - ORDINANCE - APPROVING THE PRELIMINARY DEVELOPMENT PLAN AND AMENDING THE
ZONING MAP FOR THE EXETER PLANNED RESIDENTIAL NEIGHBORHOOD.
On motion of Mrs. Hill, seconded by Mr. Williams, the following ordinance
was proposed:
WHEREAS, Rezoning Application #ZM-55 by Leesburg Joint Venture was referred
by this Council to the Planning Commission on October 24, 1984; and
WHEREAS, the Planning Commission held a public hearing on this appli-
cation on November 1, 1984; and
WHEREAS, the Planning Commission on January 3, 1985 recommended conditional
approval of this application; and
WHEREAS, this Council on February 27, 1985 held a public hearing on this
application and certain written proffers from the applicant setting forth
certain conditions which would become a part of the rezoning request ; and
WHEREAS, in accordance with subsequent Council negotiations with the appli-
cant, the rezoning application with proffers for this project was revised;
and
MINUTES OF MAY 22, 1985 MEETING.
416
i
WHEREAS, pursuant to Section 15. 1-491(a) of the 1950 Code of Virginia,
as amended, the Council on May 22, 1985 held an additional public hear-
ing on the application with revised proffers; and
WHEREAS, it is determined that the public necessity, convenience, general
welfare and good zoning practice require the amendment:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The Preliminary Development Plan for the Exeter Planned Resi-
dential Neighborhood dated April 15, 1985 is hereby approved and the Lees-
burg Zoning Ordinance is amended to revise the Zoning District Map to
change from Town R-land R-3 to Planned Residential Neighborhood (PRN) ,
274.8591 acres of land, bounded by the Route 15 Bypass on the east,
Route 15 Business on the west, Virginia Route 837 and Balls Bluff Road
on the north and lands of Rev. Thomas J. Welsh, Walter L. Phillips, Loud-
oun County School Board and Hornet, Inc. on the south, in accordancewith
the boundary plat submitted as part of the application, subject, however,
to the following conditions dated May 15, 1985 proffered by the applicant
in accordance with the provisions of Section 11-8-4 of the Leesburg Zoning
Ordinance:
1. Additional Open Space. The applicant will provide no less than 40%
open space under the formulas set forth in the Planned Unit Develop-
ment Ordinance of the Town of Leesburg, April 1984, as amended. These
areas shall be as shown on the Land Use Plan, preliminary development
plan/zoning map amendment (map 10) (hereinafter "Preliminary Develop-
ment Plan") submitted to the Town of Leesburg pursuant to the afore-
said rezoning request of the applicant of August 1984, and revised
April 15, 1985.
2. Public Facilities Site. The applicant will provide and dedicate to
the Town of Leesburg or to such other public or quasi-public body as
the Town of Leesburg may approve a site of 10 acres, more or less,
to be used by the Town or such other body for such use as the Town II/within its sole discretion may deem appropriate. Said donation shall
be as indicated on the Preliminary Development Poan.
3. Public Recreational Facilities. The applicant agrees to make its com-
mon recreational facilities, designated Central Recreational Area and
Nine Hole Executive Golf Course, respectively, on the Preliminary De-
velopment Plan, available to all citizens of the Town of Leesburg, sub-
ject to user fees to be established by a corporation established by
the applicant for the purpose of maintaining and administering said
facility. Maintenance of said public recreational facilities shall
be accomplished at the expense of said corporation.
4. Offsite Road Improvements. The applicant hereby makes the following
proffers with regard to offsite road improvements in connection with
the development of the project:
a. The applicant agrees to dedicate to the Town of Leesburg or
the Virginia Department of Highways and Transportation, as appropriate,
10 acres more or less, constituting property at the northwest and south-
west quadrants, respectively, formed by the intersections of the Route
15 Bypass and Exeter Drive, in order to permit the construction there-
on of a grade-separated interchange. Said 10 acres, more or less, are
depicted on the preliminary Development Plan as Dedication for Future
Interchange. Notwithstanding any other provisions of this paragraph,
4(a) , however, the applicant shall retain the right, by easement, to
erect such entrance features for the development from the Route 15
Bypass on such 10 acres as may be permitted by the Town of Leesburg
whose consent thereto shall not be withheld unreasonably. Such en-
trance features shall be erected at the sole expense of the appli-
cant which shall not receive any compensation therefor in the event
said improvements are required to be taken in order to accommodate
a grade-separated interchange.
b. The applicant agrees to contribute the sum of FOUR HUNDRED
THIRTY-EIGHT THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS ($438,365.00)
417 MINUTES OF MAY 22, 1985 MEETING.
under the terms and conditions stated hereinafter as a pro rata share
toward the construction of improvements to the Route 15 Bypass and to
the grade-separated interchage planned in the future at the inter-
section of Exeter Drive and the Route 15 Bypass. The applicant ' s
donation of this sum of money shall be in the form of cash donations
equalling THREE HUNDRED SIXTY-FIVE DOLLARS ($365.00) per residential
unit developed on the subject property and shall be paid into an escrow
fund established by the Town of Leesburg and/or the Virginia Depart-
ment of Highways and Transportation, as appropriate, for the specific
purpose of financing construction of all or a portion of improvements
to. the Route 15 Bypass across the eastern boundary of the subject prop-
erty and/or construction of a portion of a grade-separated interchange
at the junction of Exeter Drive and the Route 15 Bypass. The applicant,
or successor in interest to the applicant as the case may be, shall
make said payment to the Town of Leesburg of THREE HUNDRED SIXTY-FIVE
DOLLARS ($365.00) at the time applicant or said successor in interest
obtains a zoning permit for each lot on which is to be located a resi-
dential unit. Said escrowed funds and the interest accruing thereon
shall, in accordance with these proffers, be used only for the afore-
said off-site road improvements, and if used other than in connection
with said improvements, shall be returned to the donor.
c. The applicant agrees to construct acceleration and decelera-
tion lanes at the junction of Exeter Drive and business Route 15, at
the junction of Exeter Drive and the Route 15 Bypass, in accordance
with the requirements reasonably imposed by the Virginia Department
of Highways and Transportation.
5. Additional Public Facilities (Ballfields) . The applicant agrees to
construct at its expense up to two multipurpose ballfields as re-
quested by the Town of Leesburg. Said ballfields shall be located
on the 10-acre public facility site. Construction of said ballfields
will be accomplished at the same time as the Central Recreational Area
facilities indicated on the Preliminary Development Plan are estab-
lished on the property.
SECTION II. This ordinance shall be in effect upon its passage.
Mrs. Hill said they have discussed this in depth and are very pleased with it.
Mr. Curry said he was involved with it with both the Planning Commission and
the Council - it has been a long process involving the patience of the staff,
the Planning Commission, the Council and the developers. He feels this is a good
Planned Development and will be an asset to the town. The ordinance was unani-
mously adopted:
Aye: Councilmembers Curry, Hill, Kelley, Tolbert, Williams and Mayor
Sevila.
Nay: None.
On motion of Mr. Tolbert, seconded by Mr. Williams, the meeting was adjourned.
Mayor
I 4
Clerk of e Council
it