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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