HomeMy Public PortalAbout1986_02_12 129
MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, FEBRUARY 12,
1986
• A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on February 12, 1986 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
Councilmember Arl Curry. Present were Mayor Robert E. Sevila, Council-
members Charles Bos, Arl Curry, Brian Kelley, John Tolbert and Charles
Williams; also present were Town Manager, Jeffrey Minor; Director of
Planning, Zoning and Development, Martha Mason-Semmes; Director of
Engineering, Tom Mason; Director of Finance, Paul York; Director of
Utilities, Randy Shoemaker; Assistant Town Manager, Steve Owen; Town
Attorney, George Martin, and Deputy Town Attorney, Debbie Welsh. Absent
was Councilmember Marylou Hill.
On a motion by Mr. Williams and seconded by Mr. Tolbert it was
recommended that the minutes of the July 24, 1985 meeting be approved as
submitted.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
TT Mayor Sevila
CD Nay- None
N
N On a motion by Mr. Williams and seconded by Mr. Tolbert it was
W recommended that the minutes of the special meeting of January 29, 1986 be
approved as submitted.
Q Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay- None
PUBLIC HEARING ON ZM-67 - CORNWELL PROFFER AMENDMENT
' The staff report was given by Martha Mason-Semmes as follows: This is
a request by J. Lynn Cornwell, Jr., Trustee, to remove proffers pertaining
to Leesburg Gateway. These include limiting the uses near the townhouse
development to office or residential uses. The applicant asked that these
restrictions be revised. Planning Commission recommended on December 5
that the request be approved as amended. The applicant agreed to limit the
scope of use on one lot. This lot is proposed for office/retail use. Other
proffers were offered including consolidating the convenience store with
other comm'trcial development and erecting a 6-foot fence adjacent to the
townhouses. Secondly, to put a 30-foot building restriction line between
lot 3 and the adjacent development for a buffer zone. Finally, the
Commission and staff are concerned about the landscaping in regard to the
residential development.
Charles Ottinger, a representative of the applicant, presented two
plats. He stated that the proffer that they offered was the result of
extensive work with the zoning co-mittee and the Planning Commission.
Several things involved in Parcel 3 are a 30-foot building restriction line,
the original two buildings were consolidated into one building. There will
be a buffer between the housing project and the building. Five percent of
lot 3 will be landscaped.
Mr. Bos asked some questions regarding the convenience store proposed
and' the impact of traffic generated. Mr. Ottinger replied that the traffic
study had not yet been completed, but that one is going to be done.
I
Charles Smith, president of the Virginia Knolls Community '
Association, made some comments regarding this development. He stated that a
convenience store could be a positive measure to the existing residential
area. There was some question on the gas station so close to a residential
area. Also, brighter lights would be necessary and this could be a
deterrent to the existing area. This area in the master plan is designated
as h+'gh density. What would the impact be if this were denied? Would this
/30 '.MINUTES OF THE FEBRUARY 12, 1986 MEETING
denial then put,this commercial development on another corner? ,If so, then
_ this lot would probably be more ideal.
Since there were no further members of the public to speak on this
proffer amendment, the public hearing was closed at this point. ,
On a motion by Mr. Williams and seconded by Mr. Kelley it was
recommended that this matter be' referred back to the Finance and
Administration Committee for further consideration.
Aye: Councilmembers Bos, Curry, .Kelley, Tolbert, Williams and Mayor
Sevila
Nay: None
PUBLIC HEARING ON PROPOSED AMENDMENT TO THE SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS REGARDING EXPIRATION OF PRELIMINARY AND FINAL PLATS
Mr. Minor stated that this was initiated by the Council in response to
changes to state law which basically provided that if there is an existing
valid preliminary plat and a section is recorded with appropriate guarantee
before five years,,, the developer.hasnan additional,£ive years,to r.
record the balance of flthe development,subject- to compliance with then
applicable zoning requirements and land development requirements. r This is
being proposed to stay in compliance with current state law.
Since there was no public comment on this, the public-hearing was
closed at this point.
On a motion by Mr. Tolbert and seconded by Mr. Williams it was
recommended that this,matter be deferred until later on the agenda.
. Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: ,None
PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE LEESBURG ZONING ORDINANCE AND
THE LOUDOUN COUNTY ZONING ORDINANCE, AS ADOPTED AND ADMINISTERED BY THE TOWN
OF LEESBURG IN THE ANNEXATION AREA CONCERNING YARD REQUIREMENTS FOR CORNER
LOTS
Martha Mason-Semmes gave the staff report on this stating that this
was.initiatedrby,the.Planning Commission after some experiences with
•
subdivision reviews where corner lots on major roads were coming in without
adequate setbacks. They feel that a corner lot that fronts on two streets
should have additional setbacks from the streets. This would state that
there would be a defined front yard on these lots.
.Since there ,was ,no one from the public to speak on this item the public
1hearing, was closed at this time.
On a motion by Mr. Bos and seconded by Mr. Williamsiit was reco^mended
that this item be deferred until later in the agenda.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor
Sevila,
Nay: None '
COUNCILMEMBER COMMENTS
Mr. Bos reported that the Board of Architectural Review met:this past
. Monday, and discussed the Burnett Bridge, which was approved with some
restrictions; changes in the Methodist Church; and some changes on South
King Street across from Williams gas station. The latter two were deferred
until the next BAR meeting. The Town of Purcellville has indicated some
interest in forming a Board of Architectural Review for their historic
district. They have asked for some input regarding pros and cons on this.
MINUTES OF THE FEBRUARY 12, 1986 MEETING t
At this point, the Mayor stated that the previous public h-arings were
joint public hearings with the Planning Commission. He asked that Mr. Lay,
Chairman of the Planning Commission. indicate whether there was a quorum of
this Commission. Mr. Lay indicated that there was and at this point the
Mayor asked' them to move to the upstairs conference area to deliberate on
the upcoming legislation pertaining to these public hearings.
Mr. Curry gave a report on the Planning Commission meeting where the
preliminary plat for Tudor Knolls Phase II was approved. There was some
question on the rezoning request for Phase III. The ingress and egress
through parking areas in Phase II were questioned and the developer agreed
not to have this traffic pattern in the development. Often the concept
plans do not contain enough information to determine the accurate layout for
proposed developments. The Mayor suggested at this time that this could be
put on a future committee agenda for further consideration. Final plat for
1 the Jewell subdivision was approved.
Mr. Williams stated that in the manager's report there were many
activities accomplished by the town employees. During the recent snow storm
the street crews did an excellent job in taking care of things. He also
commented on the Parks and Recreation Commission which is about to be
N commissioneclfwill be an asset to the town in its planning efforts.
WM Mr. Lay of the Planning Commission reported at this time that they had
W r'eoine •to uninimbus' agreement that the regulations co-cerning corner lots in
the annexation area be adopted.
Mr. Kelley reported that the EDAC committee meeting had been can-
celled for that morning but that the meeting was rescheduled for next week
and promises to be a very important meeting.
Mr. 'Tolbert stated that the Airport Commission will be meeting tomor-
row evening. They had received news that tentatively they have been awarded
an additional $500,000 for the Phase II apron expansion.
MAYOR'S REPORT
Mayor Sevila stated that he had again received co-plaints from the
' citizens in the downtown business area asking whose responsibility it is to
clear thd sidewalks in the downtown area. He asked Mr. Minor to follow up
on this.
MANAGER'S REPORT
Mr. Minor continued on the issue of who clears the sidewalks downtown,
stating that the town has a policy that includes the town does some of the
sidewalks, but the others are the responsibility of the-shopowners.
Today, a copy of the draft CDM report on the public works complex was
received. The report shows that the site at the wastewater treatment plant
will work. This will include approximately 13,000 square feet of office,
shop and work space. Next an RFP will be issued for architectural/
engineering services.
The South Harrison Street project has been closed out. It has been
audited and has met all the objectives required.
The plan for use of program 'income was also approved in Richmond.
The Capital Improvements Program, including FY 87 expenditures, will be
to Council in plenty of time to make it a valuable tool in this year's
' budget process.
' In reg=rd to the Economic Development Certification Program, all
indications are, despite approvals on things such as the video, presentation,
brochure, etc., that Richmond is not giving favorable consideration to this
application. The Leegate site apparently was not appropriate according to
the site visitation committee. The products of this application certainly
are very positive and hopefully the process will end up favorably.
132
MINUTES OF THE FEBRUARY 12, 1986 MEETING
LEGISLATION - '
On a -motion by Charles Williams and seconded by John Tolbertithe
followin4 ordinances and resolutions were considered as consent items and
unanimously adopted: - •
.
86-0-5 - ORDINANCE - AMENDING .THE SUBDIVISION AND LAND DEVELOPMENT .
• REGULATIONS REGARDING EXPIRATION OF PRELIMINARY AND
• FINAL PLATS
WHEREAS, on September 25, 1985, the Town Council initiated an amendment
'•I''to/Section 13-57(b)' of the Leesburg Subdivision and Land Development
l
Regulations regarding the expiration of preliminary and final plats; and
WHEREAS, on November 5, 1985, the Planning Commission held. a public'
hearing on this amendment; and
WHEREAS', on December 17, 1985, the Planning Commission recommended to
Counci'l'approval of this amendment; and
WHEREAS, on' February 12, 1986, the Council held a public hearing on
the proposed amendment; and
WHEREAS, 1thi's amendment is required in order to bring the.Subdivision
and Land Development Regulations into conformance with recent amendments to
Section 15.1-466 of the Code of Virginia as amended:
THEREFORE, ORDAINED by- the:Council of the Town of Leesburg in Virginia
as follows:
SECTION- I. Section 13-57(b) of the Leesburg Subdivision and Land
Development Regulations is amended as follows: _
(b) Approval of an application and preliminary plat shall be valid
for one year from the date of Commission action and may be
extended by the Commission upon application. The Commission
' - may grant •conditional approval. of anapplication and preliminary
plat if corrections or additions to the application or plat are
needed and the applicant agrees to make the corrections .or
additions required by the Commission. Conditionally approved
applications and plats are valid for one year from the date the
applicant submits the required number of documents to the Land
Development official with all corrections or additions made. The
Land Development official.rshal1 return to the applicant..one copy
' each of the Commission approved application and preliminary plat
within 14 days of approval. If a developer records a final plat
which may be a section of a subdivision as shown on approved,
. - unexpired preliminaryplatand fur^ishes to the governing body
a certified check, cash escrow, bond, or letter of credit inthe
amount of the estimated cost of construction of the facilities
to be dedicated within said section for public use and maintained
by the locality, the Commonwealth, or other public agency, the
developer shall have the right to record the remaining sections
shown on the preliminary plat for a period of five years from
the recordation date of the first section, subj^ct to the terms
and conditions of this subsection and subject to engineering and
construction standards and zoning requirements in effect at the
time that each remaining section is recorded. .
SECTION II. Allrior ordinances in conflict herewith are repealed.
P P
' SECTION III. This ordinance shall be in effect upon its passage.
:
MINUTES OF THE FEBRUARY 12, 1986 MEETING 133
86-0-6 ORDINANCE - AMENDING CHAPTER 19L ARTICLE IV OF THE TOWN CODE
REGARDING CROSS-CONNECTION AND BACKFLOW PREVENTION
CONTROL
,WHEREAS, the Virginia Department of Health Waterworks Regulations
require all water purveyors to have thorough inspections and operational
tests made annually of backflow prevention devices or low pressure cutoff
devices which are required and installed; and
WHEREAS, the existing Town Code does not establish authority for
enforcement of the aforementioned regulation; and
WHEREAS, the responsibility for administration- of the-cross-connection
control and backflow prevention program was assigned to the Director of
Utilities as part of the recent Public Works, Engineering and Utilities
reorganization: -
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
NSECTION I. Chapter 19, Article IV of the Town Code is hereby amended
to read as_follows:
CO
W ARTICLE IV. CROSS-CONNECTION AND
•
BACKFLOW PREVENTION CONTROL -
Sec. 19-55. In general.
-r•
This Article provides for the protection of the town's-drinking water
supply from possible contamination caused by back-pressure or back-siphonage
conditions, in accordance with the regulations of the Virginia Department of
Health and Virginia Uniform Statewide Building Code. (BOCA- Plumbing-Code) .
I I
Sec. 19-56. Administration.
The director of utilities shall administer and enforce the provisions
of this article under direction of the town manager.
Sec. 19-57. Cross-connection.
(a) No person shall install or,maintain a water service-connection to
any premises where cross-connections to the town's water system or a
consumer's water system may exist unless such cross-connections are abated
or controlled to the satisfaction of the town.
(b) No person shall install or maintain any connection whereby water
from an auxiliary water system may enter the town's or consumer's water
system unless the auxiliary water system and the method of connection and
use of; such system shall have been approved by the town.
Sec. 19-58. Where protection is required.
(a) An approved back flow prevention device shall be-installed on each
service line to a consumer's water system where, in the judgment of the
town, a health, pollutional or system hazard to the water system .exists.
(b) An approved backflow prevention device shall be installed on each
service line to a consumer's water system serving premises where the
following conditions- exist, except as noted in paragraph- (7)- below: •
(1) Premises having an auxiliary water system, unless such auxiliary
system is accepted as an additional source by the town.
(2) Premises on which any substance is handled in such a manner as to
create an actual or potential hazard to the water system
(including premises having sources or systems containing process
fluids or water originating from a waterworks which are not under
the control of the town) .
1114 MINUTES OF THE FEBRUARY 12, 1986 MEETING
(3) Premises having internal cross-connections that, in the judgment
of the director of utilities may_not•be__easily. correctible or
intricate plumbing arrangements which -ake it impractical to
determine whether or not cross-connections exist.
(4) Premises where, because of security requirements or other pro-
hibitions or restrictions, it is impossible or impractical to
make a complete cross-connection survey.
•
(5) Premises having a repeated history of cross-connections being
- established or reestablished.
(6) Premises having fire protection systems utilizing combinations
of sprinklers, fire loops, storage tanks, pumps, antifreeze
protection or auxiliary water, except that fire loops and
sprinkler systems with openings not subject to flooding, contain-
ing no antifreeze or other chemicals and with no storage
or auxiliary sources will not normally require backflow preven-
, tion.
1
(7) Premises having booster pumps connected to the waterworks shall be
'equipped with a low-pressur° cutoff device to shut off the booster
pump when the pressure in the waterworks drops to a minimum of ten
psi gauge.
(8) Other premises specified by the town when cause can be shown
that a potential cross-connection hazard exists.
(c) An approved backflow prevention device shall be installed on each
service line to a consumer's water system serving .the following types of
facilities:
(1) Hospitals, mortuaries, clinics, nursing homes;
(2) Laboratories;
(3) Piers, docks, waterfront facilities;
(4) Sewage treatment plants, sewage pumping stations or storm water
pumping stations;
(5) Food and beverage processing plants;
(6) Chemical plants, dyeing ^lants;
(7) Metal plating industries;
(8) Petroleum processing or storages plants;
(9) Radioactive materials processing plants, nuclear reactors;
(10) Car washes;
(11) Lawn sprinkler systems, irrigation systems;
•
(12) Fire service systems;
(13) Slaughterhouses and poultry processing plants;
(14) Farms where the water is used for other than household 'purposes;
(15) Others specified by the director of utilities where potential
backflow or cross-connection hazard can be shown.
MINUTES OF THE FEBRUARY 12, 1986 MEETING
135
Sec. 19-59. installation and maintenance of devices.
(a) Approval of backflow prevention devices and the type of 'protection
required shall be in accordance with the requirements and standards provided
in Section 6.04 and Section 6.05 of the Virginia Department of Health Water-
works Regulations.
(b) Where backflow prevention and low-pressure cutoff devices are
required, they shall be installed and maintained continuously in '
satisfactory and effective operation by the consumer, at his expense.
Sec. 19-60. Annual testing and inspection of devices. •
The consumer shall have annual inspections and operational tests
performed at consumer's sole expense on all backflow prevention devices or
low-pressure cutoff devices, depending on their pollutional hazard potential
as_determined by the director of utilities, by a licensed plumber certified
in cross-connection device testing. A written certification of approval
shall be furnished to the town, by the testing individual, upon completion
CD of the work at consumer's sole expense.
(V Sec. 19-61. Right of entry to enforce article.
N i
W The town manager and duly authorized employees of the town bearing
mproper credentials and identification shall be permitted to enter upon all
Q properties for the purpose of inspection, observation, sampling and testing,
in accordance with the provisions of this article.
Sec. 19-62. Notice of violation of article.
Any consumer found to be violating or in violation of any provision of
this article shall be served a written notice and order sent certified mail
to the consumer's last known post office address, stating the nature of the
violation, corrective action required and providing a reasonable itime limit,
I 111
not to exceed 30 days, from the date of receiptofnotice and order to bring
the devices into compliance with this Article.
Sec. 19-63. Denial or discontinuance of service.
Water service to a consumer shall be denied or discontinued upon con-
tinuation of any violation beyond the time limit provided in the, notice
_ given pursuant to Section 19-62. when service is so discontinued, a fee for
the resumption of service, after correction of said violation, in the amount
of $10.00 shall be charged. I •
•
SECTION II. This ordinance shall be in effect upon its passage.
86-0-7 - ORDINANCE - AMENDING SECTION 10-176 OF THE TOWN CODE REGARDING
CHARGES FOR PARKING AT METER SPACES
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 10-176 of the Town code, titled_"Deposit of Coin;
Occupancy-Space, etc." is hereby amended to read-as follows:
Section 10-176. Deposit of Coin; Occupancy of Metered-Space; etc.
- (a) . The owner or operator of a vehicle, upon entering a parking meter
space marked as provided in this division with his vehicle, during the time
parking meters are in operation, as provided by Section 10-175, -shall
immediately deposit a coin or combination of coins of the United States in
. the parking meter situated at the side of the parking meter space so entered
and -shall operate the parking meter according to the instructions thereon.
Failure to comply with such requirements shall be unlawful.
•
1—
136
MINUTES OF THE FEBRUARY 12, 1986 MEETING '
,(b) Upon the. deposit of ,a fiveycent coin,, ten-cent coin or 25-cent
. coinand placing the parking meter in operation, the parking meter space in
-
question may, be 1lawfully occupied during the period of time prescribed on
the parking meter legend for the particular amount deposited. .
;(c) - Parking meters located, where .two-hour maximum parking, is permitted
when properly operated, shall be so adjusted that initial or additional five-
cent or. ten-cent coins may be deposited at.,any time .throughout the two-hour
period, as long as the two-hour limit is not exceeded by any one vehicle
occupying the same space. The deposit of each, five-cent„coin shall permit
the vehicle to be parked for a period of 15 minutes; and the deposit of each
ten-cent coin shall permit the vehicle to be parked for a. period of,30
minutes. - . . _
(d) _ The parking meters in parking, lots. owned by the, town, upon which
parking- meter, spaceshave ,been..marked and parking_meters. erected, shall
require: a deposit of, five cents, for. a period,,of 15_ minutes or.,a deposit of
10 cents for a period of 30 minutes.or 25. cents for a period: of 75 minutes
where permitted.
(e) Parking meters located where 30-minute maximum parking is
. permitted when properly operated shall be so adjusted that a deposit of five
cent coin shall permit the vehicle to be parked for a period of 15 minutes.
(f) Parking meters. located ,where 157minute. maximum parking is
permitted when properly operated shall be so adjusted that a deposit of a
five-cent coin shall permit the vehicle to be parked fora period of 15
minutes.
. , (g) .It shall be unlawful for the operator of a vehicle to park such
vehicle, or to permit such vehicle toremain parked, during daylight hours,
except, Sunday and -national holidays, in areas controlled by parking meters
on streets, in the town (excluding the town parking lot, except where the
meter indicates otherwise) for a period longer than two hours from the time
the vehicle is so parked in any such parking meter zone.
(h) Parking meters located pursuant to Subsections 10-171(7), 10-
171(8) and 10-171(9) where two hour maximum parking is ,permitted 'shall be so
adjusted that initial or additional five cent, ten cent ,or twenty five cent
coins may be deposited at any time .throughout the two hour,period, as. long
as the two,hour limit is not exceeded by anyone vehicle occupying the same
space. The deposit of each five cent coin shall-permit the vehicle to be
parked for a period of 7.5 minutes; deposit of each ten cent coid'shall
permit-the-vehicle to be parked for a period,of fifteen minutes; iand the
deposit of each twenty five cent coin shall permit the vehicle to be parked
for a period of forty five minutes. '
SECTION II. This ordinance shall be in effect upon passage (l and all
ordinances and resolutions in conflict herewith are repealed.
86-0-8 - .ORDINANCE - AMENDING CHAPTER 11.1 .OF THEE TOWN CODE. TO EXTEND THE
INITIAL. TERM.,OF MEMBERS APPOINTED TO THE PARKS AND
RECREATION ADVISORY COMMISSION
WHEREAS, less than five months remain for members to be appointed to
the Parks and Recreation Advisory Commission to complete planning activity
for the development of Ida Lee Park under the original legislation adopted
by the Council; and
-,WHEREAS, -this Council recognizes that the development of a 141-acre
community park will require extensive planning and input from a wide variety
of recreational interests within the Leesburg area; and
WHEREAS, this Council wishes to give the Parks and Recreation Advisory
Commission adequate time to do a thorough job of developing a comprehensive
plan for the development of Ida Lee Park into one of the finest public
recreational facilities in Northern Virginia:
I ; ry
MINUTES OF THE FEBRUARY 12, 1986 MEETING• 1 3.7
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Chapter 11.1 Parks and Recreation Advisory Commission is
amended to read as follows:
SEC. 11.1. Commission established; general composition; meetings
(a) The Leesburg Parks and Recreation Advisory Commission is hereby
established. The Commission shall consist of seven members who shall be
residents of the town. The office of any member shall be vacated if he or
she becomes a non-resident of the town. Any vacancy shall be filled for the
subsequent term in the same manner as provided herein for original and
subsequent appointments. One of the members shall be a member of 'the
Council ,appointed by the Council, whose term of office shall correspond to
his official tenure of office as a Councilmember. The terms of all members,
• except the councilmanic member, shall expire on June 30, 1988. Thereafter,
three members shall serve for terms of two years and three members shall
serve for terms of three years. Subsequent appointments to the initial
three and two year terms shall be for two year terms.
N (b) Compensation of the members shall be as set forth in Section 2-
W 91.1 of the Town Code.
CO (c) The commission shall elect its chairman at its first meeting on or
.after July 1 of each year and the town manager, or his designate, tshall
serve as secretary. The commission shall meet monthly or_more often as
determined by the commission.
SEC. .11.1-2. Powers and Duties During Initial Term ending June 30, 1988
The commission shall have the following powers and duties during its
first term.
(a) t To adopt rules governing the conduct of its business and meetings.
(b) To make recommendations to the Town Council with respect to the
funding, development and use of the Ida Lee Municipal Park.
(c) To conduct public hearings, and otherwise solicit input from
Leesburg citizens, civic groups, area local governments, organized athletic
teams and other similar groups with respect to development and use of Ida
Lee Municipal Park.
(d) To identify and pursue sources of funds for the development of Ida
Lee Municipal Park.
(e) To assist the town manager and staff in the review required to
properly plan and develop proposals for comprehensive planning, engineering
and design services for Ida Lee Municipal Park.
(f) To submit a written report to the Council with recommendaions
covering the development, funding, use and recreational programming for the
Ida Lee Municipal Park by December 31, 1986.
SEC. 11.1-3. Subsequent Duties
111 After June 30, 1988 the commission shall have the following additional
powers and duties:
(a) To make general policy recommendations to the Council with respect
to the'acquisition, development, funding and programming of a parks and
recreation system throughout the town.
(b) To advise the Council with respect to the gcceptance of any grant,
gift, bequest or donation of real property offered tolmade available for
public recreation purposes.
1:38 MINUTES OF THE FEBRUARY 12, 1986 MEETING
(c) To identify and pursue sources of funds, grants, gifts, and
donations for parks and recreation activities and facilities.
(d) To advise the town manager with respect to annual proposed funding
for parks and recreation facilities and activities submitted to the Town
Council.
(e) To promote parks and recreation activities, special events, and- -
programs. -
. (f) To serve as an advocate for expanded and improved-parks and
recreation facilities and programs within the town. -
c
(g) To serve as liaison between the Council and Board of Supervisors
to insure that Leesburg,citizens receive. county recreation facilities.and
services comparable with the level of need and services made available,to
other parts of the county.
(h) , To 'remain acutely aware of the latest developments and trends in
parks and recreation development and service delivery.
(i) To report periodically on its work to the Council. .
(j) To monitor and advise the manager's future administration of the
operation, programming and maintenance of town parks.
SECTION II. This ordinance shall be in effect upon its passage and all
ordinances or resolutions in conflict herewith are repealed.
86-25. - RESOLUTION - INITIATING.AMENDMENTS OF THE SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS REGARDING BONDING REQUIRE-
, MENTS _ ...
WHEREAS, Sections 13-92 and 13-98 of the Subdivision and Land ,
111
pevielopment
Regulations regulate thbonding,of required improvements in
sudivisions and developments; and
WHEREAS, the-,Town Council has found it necessary to.amend those
regulations to clarify and strengthen bonding 'requirements; and
WHEREAS, the Town Council desires to broaden the applicability of
guarantees to include proffered improvements as part of zoning.map .
amendments and' applications to the Board of Zoning Appeals.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Amendments to Chapter 13, Article IV, Division 6 of the
Town Code, titled, "Administration and Enforcement" are initiated to read as
follows:
DIVISION 6.
ADMINISTRATION AND ENFORCEMENT
Sec. 13-89. Land Development Official . -
(a) , The LandDevelopment Official shall make and enforce reasonable
rules and regulations necessary and appropriate for the administration of
this Article and file such rules and regulations with the Clerk of Council.
(b) The Land Development Official shall have the responsibility of
acting oh behalf*of the Commission in making determinations that a
particular subdivider or developer has or has not complied with the
requirements of this Article and shall perform the following.functions:
(1) Establish that all the requirements of Divisions 2, 3, 4, 5
and 6 have been fully met by the subdivider or developer.
MINUTES OF THE FEBRUARY 12, 1986 MEETING 1 3 9
(2) Make certain inspections of improvements with proposed subdi-
visions and developments maintaining a vigil on the quality of the
improvements and the adherence of the subdivider or developer's work
to the timetables specified. in this Article.
(3) Distribute copies of the preliminary plan and plat to
appropriate officials and agencies for their study and review comments.
,(4) Determine instances of non-compliance with this Article on
the basis of an interpretation of this Article and review comments of
officials and agencies to whom review copies of the preliminary plan
and'plat were sent.
(5) Make recommendations in writing for action to the Commission
on all preliminary and final subdivision plats and development -plans,
certifying those which are in full compliance with the provisions of
this Article.
•
- - (6) Receive, review, file, -forward, and maintain records of - -
• 'preliminary and final subdivision plats and development application
forms and other required submissions under the terms of this Article.
Nr (7) Issue orders for compliance to subdividers and developers
W including orders to discontinue work ,in instances of non-compliance
CO with this Article and recommend to the manager the initiation of
Q legal proceedings as necessary to secure compliance with thelArticle.
Sec. 13-90. Commission. •
The Commission shall:
(a) Review the preliminary plat and plan submitted by a subdivider or
developer and either approve, conditionally approve or, disapprove- the
111
preliminary plat or plan.
(b) rEvaluate the recommendation of the Land Development Official
relative *o subdivision and development applications.
(c) '-Review the final plat or plan submitted by the subdivider or
developer, check that the final plat is in accordance with the preliminary
plat, check that the final plan is in accordance •with this Article and-,such
standards for design and construction as Council may adopt, determine that
the requirements of Divisions 2, 3, 4, 5, and 6 have been met, and either
approve, conditionally approve or disapprove the final plat or plan
(d) Make recommendations. to 'the Council relative- to- the-approval of
contracts for public improvements to be contained within the particular
subdivision or development: - • -- -
(e) Make recommendations to the Council concerning the need for, and
type of, amendments to this Article.
Sec. 13.91. Variances. •
(a) .The Commission may authorize, upon appeal or original application
in specific cases such variance from the terms of this Article as will not
be contrarytothe public interest, when, gowing- to special,-conditions a- -
literal enforcement of the provisions will- result in unecessary hardship;
provided that the spirit of the Article shall be observed and substantial
justice done as follows:
When a property owner can show that his property was acquired in good
faith and where by reason. of the exceptional narrowness, shallowness, size
or shape of a specific piece of property at the time of the effective date
of this Article or where by reason of exceptional topographic conditions or
other extraordinary situation or condition of such piece of property, or of
the use of development of property immediately adjacent thereto, the strict
application of the terms of this Article would effectively prohibit or
unreasonably restrict the subdivision or development of the property or
MINUTES OF. THE FEBRUARY 12, 1986 MEETING
140
where the Commission is satisfied, upon the evidence heard by it, that the
granting of such variance will alleviate a clearly demonstrable hardship
approaching confiscation, as distinguished from a special privilege or
convenience sought by the applicant, provided that all variances shall be in
harmony with the intended-spirit and purpose of this•Article.
(b) No such variance shall be authorized by the Commission unless it
finds that the strict application of the Article would produce undue
hardship and that the authorization of such variance will not be of
substantial detriment to adjacent property and that th° character of the
vicinity-will not be changed by the granting of the variance.
•
(c) No variance shall be authorized unless the Commission finds that
the condition or situation of the property concerned is not of so general
or recurringa_nature as to make reasonably practicable the formulation of a
general regulation to be adopted- as an amendment-of- this-Article. --
(d) In authorizing a variance the Commission may impose such
conditions regarding the location, character and other features of the
proposed subdivision or development as it may deem necessary in the public
interest, and may require a guarantee or bond to insure that the conditions
imposed are being and will continue to be complied with.
(e) Applications for variances may be made by any property owner,
tenant or town officer. Such application shall be made to the Land Develop-
ment Official in accordance with rules adopted by the Commission. , The
applications and accompanying maps, plans or other information shall be
transmitted promptly to the Secretary of the Commission who shall place the
matter on the docket to be acted upon by the Commission. The Official shall
also transmit a copy of the application to the Council.
Sec. 13-92. 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) Certification by a registered surveyor that the final plat is
correct.
(b) Certification by a registered engineer or a licensed• 3(b) •land
surveyor that the final plan has been prepared in accordance with the
requirements of this Article.
(c) Land Development Official approval of the final ,plan and final
plat. .
(d) Commission approval of the final plan and final plat.
(e) Town Attorney approval of the final plat.
(f) Agreement for public improvements authorized by. Council and one of
the requirements of Sec. 13-58(d) and Sec. 13-68(d) completed.
Sec. 13-93. Bonding of required improvements. -
(a) The purpose of the bonding process is to obtain guarantees
acceptable to the Town insuring the timely and proper installation of
required development and subdivision improvements. Bonds shall be posted to
guarantee the installation of improvements for all developments described
below.
(1) All improvements described in Section 15.4-466(f) 'of the
Code of Virginia, as amended, that will be accepted for public use
and public maintenance by the Town of Leesburg.
MINUTES OF THE FEBRUARY 12, 1986 MEETING ' • 141
t
(2) All other improvements required by the Zoning Ordinance
and Subdivision and Land Development Regulations and also specified in
Section 14.1-466(f) of the Code of Virginia, as amended and as
determined by the Land Development Official.
(3) Improvements proffered as part of any zoning map amendment
application and required by the Zoning Administrator in accordance
with Section 15.1-491.3 of the Code of Virginia, as amended.
(4) Improvements offered as part of any variance or special
exception application or required by the Board of Zoning Appeals
in accordance with Sections 15.1-495(a) (3) and (f) of the Code of
Virginia as amended.
(b) All improvements proffered during the rezoning process shall be
bonded at the time the first development plan or subdivision plat is
approved.
(c) These bonding procedures shall not apply to the following
developments:
N
N (1) Developments that only require the installation of entrances
W to public streets. All such improvements shall be guaranteed through
M the issuance of a right-of-way permit.
Q (d) The Town Council shall have the authority to:
(1) Review and approve, disapprove and modify performance
agreements.
(2) Accept any public improvements which have been installed in
• accordance with final plans, subject to the requirements of Section
13-97.
(3) Release subdividers and developers from obligations under
contracts for installation of public improvements and release per-
formance bonds posted to guarantee such contracts as described in
Section 13-97.
Sec. 13-94. Procedure for establishing a bond agreement.
(a) To establish a bond agreement with the Town of Leesburg the
following forms shall be executed:
(1) Performance Agreement
(2) Estimate of improvements
(3) Bond guarantee, as described in Section 13-94
(4) Water Extension Permit, if applicable
(5) Sewer Extension Permit, if applicable
The bond agreement forms must be filed with the Land Development
Official at least ten days prior to the Council meeting at which first
consideration is desired. The Director of Engineering shall provide the
Town Council with a recommendation in regards to the estimated cost of the
bonded improvements. The Town Attorney shall review the bond agreement
document and provide the Town Council with a recommendation.
(b) Any improvement in a proposed subdivision or development may be
bonded in sections provided that these sections are indicated on the
approved subdivision or development plans and the Director of Engineering
has found that provisions have been made to insure that these improvements
can be enjoyed without undue risk to public safety. Improvements such as
temporary cul-de-sacs and traffic barricades will be included in the
estimate of improvements. Where possible, sections shall begin and terminate
at street intersections or other logical points.
1412 MINUTES OF THE FEBRUARY 12, 1986 MEETING
Sec.- 13-95. Bond Guarantee.
(a) The purpose of bond guarantee is to provide the Town with a source
of funds to complete the required improvements it the developer .is, in
default of the performance agreement as described in Section 13-96.
Ab) The following bond guarantees are acceptable provided they are
consistent withthe. regulationsbelow:
_(1) Cash escrow may beeposted to guarantee any ,performance
agreement. . The funds on deposit shall bear, an interest rate .of
seven percent per annum. Interest will be available to the Town
in the case of default or breach of the performance agreement..
If the improvements are successfully completed this interest shall
be,.refunded to the developer.
(2) Irrevocable letters of credit from financial institutions
are acceptable provided they are approved by the Town' Attorney and
the following conditions are met:
( (a) ) All letters of credit shall conform to the letter
of ,credit form provided by :the. Town or ,be approved
by the Town Attorney.
( (b) ) Letters of credit shall extend at least three months
beyond the expiration date ofthe ,performance agree-
ment.
( (c) ) The financial institution must notify the Land Devel-
opment Official in writing at least one month in
_
_ _ advance of any cancellation .including normal expira-
. . .tion ofcterm. ,Failure to do so,will automat?cally
extend the letter of credit for an additional three
months. '
. n. ( (d) ), ,The financial institution issuing the letter of credit
shall ,be insured by.the Federal Depository Insurance
Corporation and be chartered in the State of Virginia
or shall have a designated agent in Virginia.
(3) Corporate surety bonds are an acceptable method of guaran-
teeing performance agreements provided the following_conditions are
met:
( (a) ) All corporate surety bonds shall copformIto the form
provided by the Town.
( (b) ) Bonds shall be furnished by an insurance ,company
licensed to transact fidelity and surety insurance
in Virginia.
( (c) ) The surety shall hold a certificate of authority, to
act as surety .from the Federal Government to actras
surety,on Federal .projects or have a rating.of KV,or
better as evaluated by Best's Key Rating. ,These lists
will be maintained by the Director of Finance.
Sec. 13-96. .,Extensions _and Reduction of Performance Bonds.
, (a) Performance agreements may be extended for one year periods.or
1.
less., .Any ,request for extension shall be accompanied by an estimate of� the
remaining.work and, a timetable for the co'^pletion of the improvements. Upon
recommendation of the Land Development.Offical, Council shall act within 30
days of any written request to extend aperformance agreement. In
considering an extension of the performance agreement, the Council should
consider the following factors:
(1) Current rating of corporate surety and status of the
financial institution.
i
MINUTES OF THE FEBRUARY 12, 1986 MEETING 143
(2) Progress in completing development plan or subdivision.
(3) Complaints received about nuisances resulting from develop-
ment of the property.
(4) Estimate costs' of co^pleting the subdivision.
(b) The amount of bonded improvements may be reduced by action of the
Town Council: Upon recommendation of the Land Development Offioial, 'the
Council shall act within 30 days of the receipt of any written request for
a bond reduction. If any deficiencies in completed improvements remain, the
Land Development Official shall transmit a list of the deficiencies to the
applicant within 30 days of the reduction request. Council shall act or
respond within 30 days of any request for an extension or reduction of a
performance bond.
Sec. 13-97. Establishment of a Maintenance Agreement.
A maintenance agreement shall be executed for the repair or replacement
CD of defective materials and workmanship within the required public
N improvements for a period of time extending for one year from the 'actual
N ' date 'of Cduncil' acdaptance of such improvements. A maintenance bona- '
W conforming with requirements of Section 13-94 shall be submitted with the
maintenance agreement. The maintenance bond shall equal five percent of the
CO total. cost of the improvements in the subdivision or development.
Cr
Sec. 13-98. Acceptance of Improvements and Release of Performance
Agreement.
(a) The Council shall accept public improvements installed by a sub-
divider or developer which meet the following conditions. :
i
(1) The design standards of Division 4 have been adhered to.
(2) Public improvements have been completed in accordance with
•
the requirements of Division 5.
' (3) Installation of public improvements has been completed in
accordance with required specifications.
1 •
(4) All final inspections required by this Article have been
' carriedout by the town and publicimprovements were found to be
acceptable by the Director of Engineering.
(5) The subdivider or developer shall'have prepared and sub-
mitted one reproducible set and two sets of piints of'plans accurately
showing the complete public improvements as actually built.
(6') The subdivider or developer, by appropriate instrument in a
form approved by the Town Attorney, has conveyed to the Town good title
free of all liens to all public improvements for which the town is to
be' responsible for operation and maintenance, both within and without
the town.
(b) The Council shall release developers from performance agreements
when the subdivisions are vacated pursuant to Section 15.1-481 of the Code
of Virginia, as amended.
SECTION IV. The proposedamendmentsshallbe' referred. td the Planning
Commission for hearing and report and the Planning Commission shall report
its recommendation to the Town Council within 60 days of its public hearing.
86-26 - RESOLUTION - AUTHORIZING PREAPPLICATIONS AND APPLICATIONS TO THE
UNITED STATES OF AMERICA, FEDERAL AVIATION ADMINIS-
TRATION, AND TO THE COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF AVIATION, FOR FEDERAL AND STATE AID FOR
RUNWAY AND APRON IMPROVEMENTS TO THE LEESBURG
MUNICIPAL AIRPORT
144
MINUTES OF THE FEBRUARY 12, 1986 MEETING
WHEREAS, the Federal Aviation Administration has released a Finding of
No Significant Impact pertaining to an environmental review of a southerly
1,000 foot extension to the runway at Leesburg Municipal Airport; and
WHEREAS, private contributions will be available to fund the sponsor
share of a runway extension and apron expansion; and
WHEREAS, the Leesburg Airport Commission has endorsed these ,projects;
and
WHEREAS, these improvements are essential to the economic vitality and
air transportation utility of Leesburg Airport; and
WHEREAS, Virginia Department of Aviation has tentatively committed a
portion of the state share for these projects:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in- Virginia
as_follows:
SECTION I. The manager shall file all necessary preapplications and
applications for Federal assistance for land/easement acquisitions, a 1,000
foot south runway extension, expansion of aircraft parking apron and
requisite engineering.
SECTION II. The manager shall prepare similar preapplications and
applications to the Commonwealth of Virginia with respect to these projects.
86-27 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS
LOUDOUN COUNTY SANITATION AUTHORITY
RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. The manager is authorized to execute on behalf of the Town
an agreement (form PC-2) with Loudoun County Sanitation Authority for
installation of public improvements shown on the plans approved by the
Director of Engineering for the Loudoun County Sanitation Authority
Development Plan.
SECTION II. An irrevocable bank letter of credit in a form approved by
the Town Attorney from Sovran Bank of Virginia in the amount of $25,684 is
approved as security to guarantee installation of the public improvements
shown on plans approved by the Director of Engineering for the Loudoun
County Sanitation Authority Development. plan.
86-28 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLATION FOR EXETER,
SECTION I SUBDIVISION
WHEREAS, the Town's Director of Engineering and Public Works has
reviewed public improvements installed to date in the Exeter, Section I
Subdivision and has recommended a bond reduction in the amount of $545,427;
and
WHEREAS, a $638,716 letter of credit from Old Court Savings and Loan
has been provided by the developer and approved by Council to guarantee -'
installation of public improvements in the Exeter, Section I Subdivision:
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The letter of credit -from Old Court Savings and Loan "ori-
ginally in `the'amount of $638,716 is reduced to '$93,289.
145
I MINUTES OF THE FEBRUARY 12, 1986 MEETING .
' SECTION II. The Land Development Official shall notify the developer
that liability for letter of credit funds has been reduced as outlined in
Section I of this resolution, and that this reduction does not constitute
acceptance of public improvements by the Town or relieve the developer of
responsibilities outlined in the contract for public improvements for the
Exeter, Section I Subdivision.
II
86-29 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION FOR EXETER, SECTION
III CLUSTER DUPLEXES
WHEREAS, the Town's Director of Engineering and Public Works has
reviewed public improvements installed to date in the Exeter, Section II,
Cluster Duplexes Subdivision and has recommended a bond reduction in the
amount of $95,993; and
I WHEREAS, a $253,177 letter of credit from Dominion Bank of Virginia has
been provided by the developer and approved by Council to guarantee
0) installation installation of public improvements in the Exeter, Section II, Cluster
/�
/l 1 Duplexes Subdivision:
V THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
DJ as follows:
CO
Q SECTION I. The letter of credit from Dominion Bank of Virginia
originally in the amount of $253,177 is reduced to $157,184.
SECTION II. The Land Development Official shall notify the developer
that liability for letter of credit funds has been reduced as outlined in
Section I of this resolution, and that this reduction does not constitute
acceptance of public improvements by the Town or relieve the developer of
responsibilities outlined in the contract for public improvements for the
i
Exeter, Section II, Cluster Duplexes Subdivision.
86-30 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLATION FOR EXETER,
SECTION II SUBDIVISION - HERITAGE WAY
WHEREAS, the Town's Director of Engineering and Public Works has
reviewed public improvements installed to date for the Exeter, Section II
Subdivision, Heritage Way and has recommended a bond reduction in the amount
of $898,755; and
WHEREAS, a $1,210,375 letter of credit from Old Court Savings and Loan
has been provided by the developer and approved by Council to guarantee
installation of public improvements in the Exeter, Section II Subdivision,
Heritage Way:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The letter of credit from Old Court Savings and Loan
originally in the amount of $1,210,375 is reduced to $311,620. -
•
SECTION II. The Land Development Official shall notify the developer
that liability for letter of credit funds has been reduced as outlined in
III Section I of this resolution, and that this reduction does not constitute
acceptance of public improvements by the Town or relieve the developer of
responsibilities outlined in the contract for public improvements for the
Exeter, Section II Subdivision, Heritage Way.
86-31 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED
ZONING MAP AMENDMENT $ZM-63 BY BRUCE M. BROWNELL
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
146 MINUTES OF THE FEBRUARY 12, 1986 MEETING
A Notices of Public Hearing to consider rezoning application #ZM-63 by
Bruce M. Brownell to amend the zoning district map of the Leesburg Zoning
Ordinance, to rezone 8.4 acres of land from County R-1 to County PD-CH and
6.5 acres from County R-1 to Town R-3 located at the northeast corner of the
intersection of Routes 643 and 654 shall be published in the Loudoun
Times Mirror on February 20, 1986 and February 27, 1986 for public hearing on
March 12, 1986 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW,
Leesburg, Virginia.
86-32 - RESOLUTION _ AUTHORIZING A NOTICEOF PUBLIC HEARING ON PROPOSED
ZONING MAP AMENDMENT $ZM-70 BY BRUCE M. BROWNELL
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A Notice of Public Hearing to consider rezoning application #ZM-70, by
Bruce M. Brownell to amend the zoning district map of the Leeburg Zoning
_ Ordinance, to rezone 82.9 acres of land from County R-1 located north and
west of Route 654 and bounded on the northeast by the land of the Northern
Virginia Regional Park Authority shall be published in the Loudoun Times,
Mirror on February 20, 1986 and February 27, 1986 for public hearing on
March 12, 1986 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, SW,
Leesburg, Virginia.
Aye: Counc4lmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: - None
On a recommendation by Mr. Williams it was decided to consider items H
and J of the Council agenda out of order.
86-0-9 - ORDINANCE - AMENDING THE TOWN CODE TO PROVIDE FOR COMPENSATION
FOR THE PARKS AND RECREATION ADVISORY COMMISSION
On a motion by Mr. Tolbert and seconded by Mr. Williams the following
ordinance was proposed and adopted:
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION.I. Chapter 2, Article VII, of the Town Code is amended to read
as follows:
ARTICLE VII
COMPENSATION FOR BOARDS AND COMMISSIONS
Section 2-87. Airport Commission.
Compensation of members of the town airport co-mission, exclusive of
the councilmanic appointment, after July 1, 1982 shall be $600perannum,
payable in equal monthly installments.
Section 2-88.' Board of Architectural Review.
Compermtion of members of the town board of architectural review, after
July 1, 1982, shall be $25 per meeting attended, not to exceed $50 in any
one month, payable monthly as earned.
Section 2-89. Board of Zoning Appeals.
Compensation of members of the town board of zoning appeals, after July
1, 1982, shall be $25 per meeting attended, not to exceed $50 in any one
month; payable monthly as earned.
Section 2-90. Economic Development Committee.
Compensation of members of the economic development co^mittee, exclu-
sive of the councilmanic appointment and the town staff appointment, after
July 1, 1982, shall be $600 per annum payable in equal monthly installments.
MINUTES OF THE FEBRUARY 12, 1986 MEETING 147
Section 2-91. Mayor and Councilmembers.
Compensation of the Mayor and members of Council, after July 1, 1984,
shall be $6,000.00 and $4,200.00 per annum, resp- ctively, payable in equal
Imonthly installments.
Section 2-91.1. Parks and Recreation Commission.
Compensation of members of the parks and recreation commission,
exclusive of the counc+lmanic appointment and the town staff appointment,
shall be $600.00 per annum, payable in equal monthly installments.
SECTION II. This ordinance shall be in effect upon its passage.
1 Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
//��
Nay: None
0) 86-33 - RESOLUTION - APPOINTING MEMBERS TO THE PARKS AND RECREATION
N ADVISORY COMMISSION
N
W On a motion by Mr. Bos and seconded by Mr. Kelley, the following
M resolution was proposed and adopted:
Q WHEREAS, the Parks and Recreation Advisory Commission was created by
Ordinance _No. 85-0-22 to assist in the planning and development of Ida Lee
Municipal- Park; and
WHEREAS, the Town Council has reviewed the names of Leesburg citizens
interested in serving on this commission; and
' WHEREAS, this Council has reached a consensus on nominations to the
Parks and -Recreation Advisory Commission:
. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The following appointments are made to the Parks and
R°creation Advisory Commission for terms ending June 30, 1988, in accord-
ancewith Section 11.1-1 of the Town Code:
Francis X. Carney, Catherine R. Dodds, Emmitt W. Eccard, Jr. , Dr.
Frederick P. Lillis, David C. Muncy, Kenneth W. Robinson and Jean
Jones
SECTION II. ViceMayor Charles J. Williams is appointed to the Parks
and Recreation Advisory Commission for a term corresponding with his
official tenure as a member of the Leesburg Town Council.
After an overview of the responsibilities of this commission and a
history of its establishment given by Mayor Sevila, and statements made by
councilmembers encouraging the members of this commission to work diligently
on this very important project, the vote was as follows:
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
• Mayor Sevila . .. . _
Nay: None
At this point there was a five minute recess in the meeting.
The meeting was r=convened by Mayor Sevila.
148 MINUTES OF THE FEBRUARY 12, 1986 MEETING
86-0-10 - ORDINANCE - AMENDING THE .LEESBURG ZONING ORDINANCE CONCERNING .
YARD REQUIREMENTS FOR CORNER LOTS
On a motion by Mr. Williams and seconded by Mr. Tolbert; the following
ordinance was proposed and unanimously adopted:
WHEREAS, on January 8, 1986, the Town Council initiated amendments to
Article 8 and 15 of the Leesburg Zoning Ordinance concerning minimum yard
requirements for corner lots; and
WHEREAS, on February 12, 1986, the Council and the Planning Commission
held a joint hearing on these proposed amendments pursuant to Section 15.1-
431 of the Code of Virginia, as amended. _ .
WHEREAS, this Council finds that the following amendments are required
by public necessity, convenience, general welfare and good zoning practice;
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Article 8, Heights, Lot Sizes and Yards of the Leesburg
Zoning Ordinance is amended to add a new section to be known as Section
8-2-4-1 to read as follows:
8-2-4-1. Minimum Yard Requirements
(a) Generally, minimum yard requirements shall apply to all
buildings and structures as they relate to their .resp°ctive .
lot lines, except for authorized structures and projections,
as provided in Section 8-2-6 and 8-2-7; and lots in built-up
areas, as provided in Sec. 8-2-3.
(b) Required yards for corner lots. Corner lots shall maintain
a front yard, as established for the respective zoning
district, on each street frontage; and no accessory building
shall be permitted within any front yard. On a narrow lot of
record which existed prior to the adoption of this ordinance,
the front yard for the longest lot line abutting a street may
be reduced as provided in Sec. 8-2-2.
SECTION II. Article 15, Definitions Section 15-1-42 of the Leesburg
Zoning Ordinance is amended to read as follows:
15-1-42. Lot, Corner. A lot at the junction of and abutting on two or
more intersecting streets when the interior angle of the inter-
section is less than 135 degrees.
SECTION III. Article 15, Definitions, of the Leesburg Zoning Ordinance
is amended by adding the following sections _to read as follows:
15-1-86. Yard. Any area on the same lot with a buildi-g or building
group lying between the building or building group and the
nearest lot line, unobstructed from the ground upward and
unoccupied except by specific uses and structures allowed in
such area by the provisions of this ordinance.
15-1-87. Yard, Front. A yard extending across the full width of the lot,
measured from and perpendicular to the front lot line and
extending to the principal building or structure. On corner
lots all yards which abut a street shall be deemed front yards.
15-1-88. Yard, Rear. A yard extending across the full width of the lot,
lying between the rear lot line of'the lot, and extending to
the principal building or structure. On corner lots which abut
two streets with front lot lines of unequal length, the rear
yard shall be opposite and parallel to the shortest front lot
line. On a corner lot which abuts three streets, the remaining
yard shall be a rear yard if it abuts a rear yard, and shall be
a side yard if it abuts a side yard.
149
MINUTES OF THE FEBRUARY 12, 1986 MEETING . . _ - _
15-1-89. Yard,. Side. A yard between the side lot line and the principal
building and extending from the front yard to the rear yard.
SECTION IV. All prior ordinances in conflict herewith are repealed.
SECTION V. This ordinance shall be in effect upon its- passage.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
86-0-11 - ORDINANCE - AMENDING THE LOUDOUN COUNTY ZONING ORDINANCE AS
ADOPTED AND ADMINISTERED BY THE TOWN OF LEESBURG
IN THE ANNEXATION AREA CONCERNING YARD REQUIREMENTS
FOR CORNER LOTS -
On
OTS -On a motion by Mr. Williams and seconded by Mr. Curry, the following
0) ordinance was proposed and unanimously adopted:
N ;_WHEREAS, on January 8, 1986, the Town.Council initiated amendments to
W Article 5, General Regulations, of the Loudoun County Zoning Ordinance as
adopted and administered by the Town of Leesburg concerning yard
CO requirements for corner lots; and
Q
WHEREAS, on February 12, 1986, the Council and the Planning Commission
held a` joint public hearing on these proposed amendments pursuant to Section
15.1-431 of the Code of Virginia, as amended; and
WHEREAS, on February 12, 1986, the Planning Commission .recommended to
Council approval of the proposed amendments; and
t WHEREAS, this Council finds that the following-amendments are required
by public necessity, convenience, general welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Article 5, Section 514.4.2 of the Loudoun County Zoning
Ordinance as adopted and administered by the Town of Leesburg is amended to
read as follows:
514.4.2. Other yards adjacent to streets shall be provided across or
along the portion of the lot adjacent to the street and shall
be the full dimension for required front yards in the district.
SECTION II. Article 5, Section 514.6, of the Loudoun County Zoning
Ordinance as adopted and administered by the Town of Leesburg is amended to
read as follows:
514.6 Yards on Corner Lots. Corner lots shall maintain a front yard, as
established for the respective zoning district, on each street
frontage of such lot; and no accessory buildings shall be permitted
within any front yard.
SECTION III. Article 10, Definitions, of the Loudoun County Zoning
Ordinance as adopted and administered by the Town of Leesburg- is amended by
adding definitions to Sec*ion 1003 as follows:
Yard. Any area on the same lot with a building or building group
lying between the building or building group and the nearest lot
line, unobstructed from the ground upward and unoccupied e•-cept by
specific uses and structures allowed in such area by the provisions
of this ordinance.
Yard, Front. A yard extending across the full width of the lot,
measured from and perpendicular to the front lot line, and extending
to the principal building or struc*ure. On corner lots all yards
which abut a street shall be deemed front yards.
150
MINUTES OF THE FEBRUARY 12, 1986 MEETING
Yard, Rear. A yard extending across the full width of the lot, lying
between the rear lot line of the lot, and extending to the principal
building or structure. On corner lots which abut two streets with
• front lot lines of unequal length, the rear
q g yard shall be opposite
and parallel to the shortest front lot line. On a corner lot which
abuts three streets, the remaining yard shall be a rear yard if it
abuts a rear yqrd, and shall be a side yard if it abuts a side yard.
Yard, Side. A yard between the side lot line and the 'principal
building -nd extending from the front yard to the rear yard.
SECTION IV. All prior ordinances in conflict herewith are repealed.
SECTION V '• This ordinance shall be in effect upon its passage.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
•
Nay: None • . -
86-0-12 - ORDINANCE - AMENDING SECTION 12.1-45 OF THE TOWN CODE REGARDING
HOLIDAYS — — —
On a motion by Mr. Tolbert and seconded by Mr. Williams, the following
ordinance was proposed and adopted:
ORDAINED by the Town Council ofethe Town of Leesburg in Virginia as
follows:
SECTION I. Section 12.1-45 of the Town Code is amended to read as
follows:
Sec: 12.1-45. Holidays.
(a) The following will be observed as paid holdiays for all Town
employees not specifically exempt from this Article:
o First day of January - New Years Day
-- o Third Monday in January- - Martin Luther King, Jr. 's Birthday
o Third Monday in February - Presidents' Day.
o Last Monday in May - Memorial Day '
o Fourth Day of July - Independence Day
o First Monday in September - Labor Day
o Fourth Thursday in November - Thanksgiving Day
o Fourth Friday in November - Day after Thanksgiving
o Afternoon of the 24th of December - Christmas Eve*
o Twenty-fifth Day of December - Christmas Day
o To be observed on the work day next preceding the observation of
Christmas Day
(b) Any of the above holidays falling on Saturday will be honored on
the Friday preceding the Saturday on which the holiday fell. Any of the
above holidays falling on Sunday will be honored on Monday immediately
following the Sunday on which the holiday fell.
(c) Employees required to be on duty during a holiday because of the
nature of their position, emergencies or any other reason shall receive
holiday pay equal to the regular hourly rate for each hour worked or
compensatory time, either of which shall be in addition to their regular
pay. Employees required to report for duty at hours outside their regularly
scheduled workday within the 24-hour period of the holdiay shall be paid at
the rate of one and one-half times regular pay or given compensatory time on
that basis.
SECTION II. This ordinance shall be in effect upon its passage.
MINUTES OF THE FEBRUARY 12, 1986 MEETING 151
Aye: Councilmembers Bos, Kelley, Tolbert, Williams and Mayor
Sevila
Nay: Councilmember Curry
86-0-13 - ORDINANCE - AMENDING SECTION 10-171 OF THE TOWN CODE REGARDING
METER ZONES
On a motion by Mr. Williams and seconded by Mr. Tolbert, the following
ordinance was proposed and unanimously adopted:
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
I
SECTION I. Section 10-171 of the Town Code is amended to read as
follows:
Sec. 10-171. Establishment of meter zones and parking time limits
' T therein
0) Parking meter zones, with the following time limits for lawful parking,
N are established as follows:
N
W (1) West side of King Street, between Loudoun Street and North Street,
CO for two-hour parking at any one time.
Q (2) East side of King Street, between VEPCO right-of-way and 180 feet
south of Royal Street, for two-hour parking at any one time.
(3) South side of Market Street between Church Street and Liberty
Street, for two-hour parking at any one time, except that the
time limit for lawful parking shall be 15 minutes at any one time
in front of the post office on Market Street.
i
(4) Municipal parking area between Wirt Street, King Street, Loudoun
Street, and Market Street, for three-hour parking, except spaces
designated for permit-only parking, four 15 minute town office
visitor- spaces, and 25 ten-hour- meter spaces.
(5) East side of Church Street, between Edwards Ferry Road and Cornwall
Street, for two-hour parking at any one time, except spaces
' ' reserved for official cars of the state and town police and the
county sheriff's department. '
(6) North side of Loudoun Street, between Wirt Street and Church
Street, for two-hour parking at any one time.
t (7) Municipal parking area known as Vinegar Hill Parking Lot between
Loudoun Street and South Harrison Street, for two-hour parking
at any one time.
•
(8) Municipal parking area known as South Harrison Street Parking Lot
between South Street and South Harrison Street, for two hour
parking at any one time.
(9). East and west side of South Harrison Street, between Loudoun
I Street and Depot Court, for two-hour parking at any one time,
' except as hereafter provided.
(10) One space east side of South Harrison Street at southernmost
point of parking bay in front of 202 Harrison Street, SE for up
to ten hour paid parking.
SECTION II. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
Nay: None
152
MINUTES OF THE FEBRUARY 12, 1986 MEETING
86-34 = RESOLUTION = AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 6 TO
R.F. KLINE, INC. FOR ,WORK COMPLETED ,AT THE
WASTEWATER TREATMENT PLANT
- 'On amotion by Mr. Williams and seconded by Mr. Kelley, the following
resolution was proposed and unanimously adopted:
WHEREAS, the contract for improvements at the Wastewater Treatment,
Plant was awarded to Richard F. Kline, Inc. ; and
WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985, by the
Council of_ therTown of Leesburg provides: "The. Council at itsoption will
require prior approval of all requisitions for payment under this contract";
and
.
WHEREAS, the contractor has submitted payment Request No. 6 on January
31, 1986 and Camp, Dresser and McKee has reviewed and approved this request;
and ..
WHEREAS, the Director of Engineering has recommended payment of Payment
Request No. 6 i the amount of $367,201.00. .
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Payment in the amount of #367,201.00 ($386,527.00 less 58 retainage)
shall ,be made to R. F. Kline,. Inc. for Payment Request No. 6 for the Waste-
water Treatment .Plant expansion project.
Aye: Councilmembers Bos,, Curry, Kelley, _Tolbert, Williams and Mayor
Sevila
Nay+. None ,
86-35 = RESOLUTION = ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
BOND FOR. LEESBURG PLAZA COURT 1 LOT THREE
On a motion by Mr. Williams,and seconded by Mr. Kelley, the following
resolution was proposed and unanimously.adopted:
WHEREAS, the developer of the Leesburg Plaza Court 1, Lot three has
completed public improvements in accordance with town,standards and
specifications and these have been inspected and approved by the Diractor of
Engineering:. . •
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The public improvements for .Plaza Court 1, Lot Three are
accepted for public use by the Town.
SECTION II. The performance guarantee in the form of a cash bond in
the amount of $4,438.50 is released, and a cash maintenance bond in the
amount of $221 to be in effect for a period of one year from this date is
approved.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor
Sevila
Nay- None
Ona motion,by Mr. Kelley and seconded by Mr. Williams, the following
resolution was proposed:
153
MINUTES OF THE FEBRUARY 12, 1986 MEETING
A RESOLUTION _ ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE BOND FOR BROWN'S.......
MEADOW SUBDIVISION
Because ensuing discussion brought some question as to why the . 1101•
maintenance bond was imposed when the letter of credit was reduced to leave
enough funds for guarantee, Mr. Kelley withdrew his motion with the approval
of Mr. Williams.
On a motion by Mr. Kelley and seconded by Mr. Williams, this resolution
was referred back to the Finance and Administration Committee for further
discussion.
As there was no further business it was moved by Mr. Williams and
seconded by Mr. Tolbert, the meeting was adjourned at 9:40 p.m.
01
N
N
MW . .. Mayor .. . .. . .
W
Q
�.� .
Clerk of C••uncil