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HomeMy Public PortalAbout1986_02_26 154 MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL; FEBRUARY 26, 1986 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on February 26, 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 Clerk of Council, Dorothy Rosen. Present were Mayor Robert E. Sevila, Councilmembers, Charles A. Bos, Arl Curry, Marylou Hill, Brian Kelley, John Tolbert, Jr. , and Charles Williams. Staff members present were Director of Planning, Zoning and Development, 'Martha Mason-Semmes; Director of Finance, Paul York; Director of Engineering, Tom Mason; Assistant Town Manager, Steve Owen; Town Attorney, George Martin and Deputy Town Attorney, Debbie Welsh. On a motion by John Tolbert and seconded by Charles 'Williams it was recom- mended that the minutes of the August 14, 1985 meeting be approved as submitted. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None PUBLIC HEARING ON POTOMAC CROSSING, BEUS, #ZM-66 Staff member, Martha Mason Semmes gave a brief report on the project. She stated that this project came to the final plan before Council tonight through concentrated efforts on the part of the developer, the town and the county. It includes a boundary line adjustment which adds approximately 190 acres to the town. Of that 170 acres is proposed to be dedicated to the Northern Virginia Regional Park Authority for Balls Bluff National Cemetery and a park along the Potomac River. Proposed are 975 dwellings units as follows, 350 single family dwellings on 10,000 ft. sq. lots; 240 single family dwellings on 6,000 sq.ft. lots and 385 townhouses. Also a 38,000 sq. ft. shopping center and an elemen- tary school site are part of this development. The applicant is seeking appro- val of rezoning to the planned residential community district as well as approval of the preliminary development plan. The Planning Commission has recommended approval of this application. Following was Council discussion of several proffers and road access affecting the overall transportation plan for the area. The representative of the developer, Bruce Drenning, did not officially give a presentation but did state that Ms. Semmes has presented the development satisfactorily and that he did not feel a need to expand on that presentation. Mr. Tolbert asked if the surrounding landowners were satisfied with the development plan. Mr. Drenning stated that he felt that most of them were but that there were some from whom he had heard nothing regarding this proposal. Mr. Bos asked for a more specific explanation of various housing areas and the roads that will serve them. Mr. Drenning spent a few minutes pointing out where on the plan the various areas were. • Mayor Sevila asked about housing styles and types. Mr. Drenning said that this had not specifically been worked out yet. The Mayor referenced letters received from surrounding landowners Doyle C. Culbertson and D. Cecil Culbertson, dated February 20, 1986; Harrison O'Connor dated December 4, 1985; and Helmi Carr and Cynthia Carr Shrump dated December 5, 1985 and Thomas Nails, dated February 21 , 1986 in favor of this rezoning application. Since there were no other representatives of the public to speak on this rezoning the Public Hearing on ZM-66 was closed at this point and referred to Council for their comments. On a motion by Mrs. Hill and seconded by Mr. Tolbert it was recommended that this matter be referred to the Finance and Administration Committee for consideration at its meeting of March 4, 1986. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None FEB26. 1 155 MINUTES OF THE FEBRUARY 26, 1986 MEETING PUBLIC HEARING REGARDING AMENDMENTS TO LEESBURG ZONING ORDINANCE PERTAINING TO SIGN REGULATIONS Staff presentation was given by Mrs. Semmes as follows: This sign ordi- nance has been drafted by staff and referred to Council at the committee level. This change in the ordinance reflects the requirement in commercial, industrial districts that all free standing signs be monument style signs, no higher than 12 square feet and also limiting the number of free standing signs allowed in the commercial, industrial district determined by lot size. New sign permit procedures would also be instituted. Peter Packard, a Leesburg resident, spoke in support of strict sign ordi- nances. One concern of his is that on a large building a sign of 100 square feet is still allowed. He does not feel that this is necessary in the Town of Leesburg. Also, several illegal signs are evident around town and he hopes that this can be controlled more effectively. Since there were no other members of the public to speak on this the public CD hearing was closed at this point and referred to Council for comments. Nb N On a motion by Mr. Williams and seconded/Mr. Tolbert it was recommended that this matter be considered under Item 10, Legislation, later this evening. W C13 Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None COUNCILMEMBER COMMENTS Mr. Bos reported on the Board of Architectural Review special meeting regarding concerns on the Farmer ' s Market. Representatives from staff, Market 111 Station and farming interests were present and the meeting was successful. Mr. Williams attended the Environmental Advisory Commission meeting of February 25. Some of the items discussed were awards for those businesses that had made noticeable improvements to their property. Mr. Hetzel wanted to bring Council 's attention to the continued good work of the street crew. The Carrvale wall was also discussed. Mr. Kelley gave a report on the EDAC Committee meeting last week which discussed the survey results. A more in-depth look at the survey results is necessary before any action is recommended. A special meeting of EDAC will be held this coming Friday to discuss programs as far as the budget process is con- cerned. Mayor Sevila commented that there was a relatively low percentage of responses on the survey and that the majority were from the downtown businesses and new businesses in town. Mr. Tolbert was in attendance at the Airport Commission meeting which discussed drawing up the new leasehold. This is being drafted and will be reviewed by the town attorney. Mayor Sevila mentioned a letter received from the Town of. Purcellville regarding Susan Sherman's presentation on the historic preservation efforts. They were very pleased with the presentation that she gave and it is nice to see municipal cooperation of this type. MANAGER' S REPORT First, before the written report is reviewed, Mr. Minor mentioned that two police officers, Rusty Markland and Scott Ebersole, were involved in an off duty automobile accident. Officer Markland will be off two to three weeks and Officer Ebersole for an undetermined amount of time. In the last week Mr. Minor had the opportunity to meet with the Downtown Business Association and discussed the parking ,complex for the downtown area. He also spoke to the Market Station tenants group and again discussed parking concerns. FEB26.2 156 MINUTES OF THE FEBRUARY 26, 1986 MEETING A draft copyof the Capital Improvements Program will be available within the next few days. This will be an important part of the budget process for the FY 87 budget. ' 1^- . The signal design for $5,093 was awarded to Collerco. This was added to the Dry Mill Road contract and saved two months time by adding this. Hopefully installation of that light can -be -completed this fiscal year. Mr. Bos forgot to mention in his report that he and several other council- members and staff members attended the VML legislative days last week. There were some very interesting points brought out at these meetings. • LEGISLATION i • On a motion of Mrs. Hill and seconded by Mr. Williams, the following'or`di.- nances and resolutions were proposed and unanimously adopted: 86-0-14 - ORDINANCE - AMENDING ARTICLE II OF CHAPTER 2 OF THE TOWN CODE REGARDING COUNCIL COMMITTEE JURSIDICTIONS WHEREAS, this Council desires to realign certain responsibilities to better equalize jurisdiction and responsibility of the Council 's two committees: THEREFORE , ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 2-24 of the Town Code is amended to read as follows: 1 1 Sec. 2-24. Standing Committees The following standing committees of the Council are created and their respective areas of jurisdiction are established as shown: (a) Utility and Public Works Committee ' ( 1 ) Water and sewer Systems (2) Streets (3) Sidewalks • (4) Storm drains (5) Vehicles and equipment (6) Rights-of-way and easements (7) Utility and storm drainage master planning • (8) Airport matters (9) Cable Television ( 10) Franchising ( 11 ) Parking facilities ( 12) Bonding (b) Finance and Administration Committee ( 1 ) Appropriations (2) Utility rates (3) Business and professional licensing (4) Taxes (5) Personnel rules (6) Police matters (7) Planning, zoning and subdivision matters E (8) Public buildings (9) Oversight Each committee shall consist of two members and a chairman. --The mem- bers of each committee shall be appointed by the Council bie nnually. The committees shall select their own chairman. The Utility and Public Works Committee shall meet at 7:00 p.m. on' the Monday of the week preceding each regular Council meeting in the conference room of the Council Chambers building or other place as agreed. The Finance and Administration Committee shall meet at 7:00 p.m. on the Tuesday of the week preceding each regular Council meeting in the conference room of the FEB26.3 � MINUTES OF THE FEBRUARY 26, 1986 MEETING 17 5 Council Chambers building or other place as agreed. At committee meetings J II the members shall review upcoming meeting agenda items, hear staff reports and take other non-legislative action as it deems appropriate. SECTION II. All prior ordinances and resolutions in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. 86-0-15 - ORDINANCE - AMENDING ARTICLE XXI, SECTIONS 7-440 AND 7=441 OF THE TOWN PERTAINING TO SMOKE DETECTORS ORDAINED by the Council of the Town of Leesburg in Virginia as follows: Article XXI, Sections 7-440 and 7-441 of the Town Code are amended as follows: ARTICLE XXI. SMOKE DETECTORS Sec. 7-440. Smoke Detectors Required. i CY) (a) The owner thereof shall install, service, repair or replace smoke Nin in loctions specified in the Virginia Uniform Statewide Building Code in the following structures or buildings constructed prior to the adoption of N the Uniform Statewide Building Code: Ill (1) Any building containing one or more dwellings units; Q (2) Any hotel or motel regularly used, offered for, or intended to be used to provide overnight sleeping accommodations for one or more persons; (3) Rooming houses regularly used, offered for, or intended to be used to provide overnight sleeping accommodations; (4) Smoke detectors shall be installed in all common areas, hallways and I stairwells described in (1 ), (2) or (3) above and shall be installed in accor- dance with Section 1716.6 (Distances) of the building code, but in no instances shall the distance exceed 200 feet between detectors and they shall be effec- tively heard above all other sounds by all occupants in every occupied space within such building. (b) "Smoke detectors", when used in this article, shall mean battery- operated or alternating current powered devices capable of sensing visible products or combustion that sound an audible alarm and satisfying the require- ments of the BOCA Basic Building Code for smoke detectors. Sec. 7-441. Responsibilities in multifamily buildings. (a) The owner of a dwelling unit, which is rented or leased, shall furnish the tenant, at the beginning of each tenancy and at least annually thereafter, with written certification, that all smoke detectors required by Section 7-440 have been inspected and are in good working order. (b) The tenant shall be responsible for reasonable care of the smoke detec- tors and for interim testing and for providing written notice to the owner for repair of any malfunctioning smoke detector. The owner shall be obligated to provide and pay for service, repair or replacement of any malfunctioning smoke detector. Such service, repair or replacement must occur within five days of receipt of written notice from the tenant that a smoke detector is in need of repair. (c) The owner of a dwelling unit which is rented or leased shall provide written notification to the tenant of the responsibilities and duties imposed by paragraph (b) of this section. 1 Sec. 7-442. Exemption. Any building containing fewer than four dwelling units, and which was not in compliance with this chapter on July 1, 1984, shall be exempted from the- - requirements of this chapter until such a time as that building, or any dwelling unit located therein, is sold or is rented to another person. SECTION I. All prior ordinances and resolutions in conflict herewith are repealed FEB26.4 ip 1 5 8 MINUTES OF THE FEBRUARY 26, 1986 MEETING 86-36 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE BOND FOR BROWN'S MEADOW SUBDIVISION WHEREAS, the developer of Brown's Meadow Subdivision has completed public improvements in accordance with town standards and specifications and these have been inspected and approved by the Director of Engineering and the as-built drawings have been submitted and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION 1. The irrevocable letter of credit in the amount of $167,960 from Equitable Federal Savings and Loan Association of Maryland is reduced to $8,398 as maintenance bond to be in effect for a . period of one year from this date. SECTION II. This release is contingent upon delivery of a properly exe- cuted instrument conveying. unto the town. all such improvements free of any liens or charges 86-37 - RESOLUTION - MAKING APPOINTMENTS TO THE BOARD OF GRIEVANCE COMMISSIONERS RESOLVED by the Council of the Town of Leesburg in Virginia as follows: In accordance with Section 12. 1-55 of the Personnel Manual for the Town of Leesburg, the following persons are appointed for terms expiring June 30, 1987 to the Board of Grievance Commissioners: Non-Supervisory Employee Members Mary Mack Janet Smith Shirley Haines Nelson Downs Catherine Polen David Fawley Supervisory Employee Members Nancy Fixx O'Neal Stewart Randolph Shoemaker , Citizen Members Wayne Reynolds Gary Cochran Rev. M. Hawthorne Granger 86-38 - RESOLUTION - AMENDING THE SALES CONTRACT AND DEVELOPMENT AGREEMENT WITH MARKET SQUARE ASSOCIATES, INC. , PERTAINING TO PARCEL 2 OF THE VEPCO TRACT WHEREAS, the Council authorized a contract with Market Square Associates, Inc. , by Ordinance No. 85-0-2 for the sale and development of the former VEPCO tract; and WHEREAS, Resolution No. 85-64 and 85-209 authorized extensions of time for the submittal of development plans for Parcel 2 of the VEPCO tract; and WHREAS, Market Square Associates desires to purchase Parcel 1 of the VEPCO tract on or before April 1, 1986, as previously authorized; and WHEREAS, a deed covenant will guarantee submittal of a concept plan within six months following settlement which will provide Council approval authority for the use of this tract: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: d: I H FEB26.5 MINUTES OF THE FEBRUARY 26, 1986 MEETING 159 SECTION I. The sales and development agreement between the Town of Leesburg and Market Square Associates, Inc. dated February 25, 1985, and amended May 8, 1985 and November 27, 1985, is amended further to require submittal of a concept plan for the development of Parcel 2 of the VEPCO tract within six months following settlement. 1 SECTION II. The settlement date for the purchase of Parcel 2 of the VEPCO tract shall be on or before April 1, 1986. SECTION III. Deed covenants shall guarantee concept plan submittal as pro- vided hereinabove. SECTION IV. This amendment shall not impair or alter any other provision of the contract between the Town of Leesburg and Market Square Associates, Inc. 86-39 - RESOLUTION - MAKING AN APPROPRIATION FOR PARKS AND RECREATION COMMISSION SALARIES THROUGH JUNE 30, 1986 WHEREAS, this Council created the Parks and Recreation Commission; and CD WHEREAS, their compensation to serve on this Commission has been set at N $600 per annum beginning March 1, 1986. wTHEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as CO follows: Q An appropriation is made to General Fund Account No. 1101-100-091, Parks and Recreation Commission in the amount of $1400 and Account No. 1101-200-010 in the amount of $100 for the fiscal year ending June 30, 1986. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 86-0-16 - ORDINANCE - MENDING THE LEESBURG ZONING ORDINANCE REGARDING THE REGULATION OF SIGNS On a motion by Mr. Williams and seconded by Mrs. Hill the following resolu- tion was proposed and adopted: WHEREAS, an amendment of the Leesburg Zoning Ordinance to establish new sign regulations was initiated by this Council on June 26, 1985; and WHEREAS, the Leesburg Planning Commission held a public hearing on the sign regulations on November 7, 1985; and WHEREAS, the Leesburg Planning Commission recommended adoption of the sign regulations on December 19, 1985; and WHEREAS, the Council held a public hearing on these sign regulations on February 26, 1985; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the adoption of regulations and requirements for signs to fulfill the purpose and intent of these regulations: follows: EFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as THER SECTION I. The Leesburg Zoning Ordinance is hereby amended by adopting a new Article 8-A entitled "Sign Regulations" (The complete text of the Sign Regulations, as submitted to Council February 21 , 1986, is available in the office of the Clerk of the Council). SECTION II. The prior Article 8-A of the Leesburg Zoning Ordinance entitled "Signs" is hereby repealed. FEB26.6 1 6 0 MINUTES OF THE FEBRUARY 26, 1986 MEETING SECTION III. The Loudoun County Zoning Ordinance, as administered by the Town in the annexation area, is hereby amended by repealing Section 523, - entitled "Signs-Compliance" in its entirety. SECTION IV. All other prior ordinances in conflict herewith are hereby . repealed. SECTION V. Severability. If any provision of this Article is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the Article as a whole or of any remaining provisions of the Article. SECTION VI. This ordinance shall be in effect upon its passage. After some discussion pertaining to size of signs, wall signs and the control of such, the vote was as follows: Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None NEW BUSINESS 86-40 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF SYDNEY E. ALBRITTAIN, TRUSTEE, FOR REVISION OF THE ZONING DISTRICT MAP TO THE PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER 11, TITLE 15. 1 OF THE CODE OF VIRGINIA, AS AMENDED On a motion by Mrs. Hill and seconded by Mr. Bos, the following resolution was proposed and unanimously adopted: RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: The application of Sydney E. Albrittain, Trustee, for revision of the zoning district map, assigned No. ZM-71 to rezone 10.8503 acres of land from County A-3 to County PD-CH, is received and referred to the Planning Commission for public hearing and recommendation under Chapter 11, Title 15. 1 of the Code of Virginia, as amended. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 86-41 - RESOLUTION - MAKING A SUPPLEMENTAL APPROPRIATION TO CO-SPONSOR THE LOUDOUN COUNTY REAL ESTATE FORUM On a motion by Mrs. Hill and seconded by Mr. Williams, the following reso- lution was proposed and unanimously adopted: WHEREAS, the Loudoun County Department of Economic Development and Long and Foster Virginia Commercial have invited the Town of Leesburg to co-sponsor the Loudoun Real Estate Forum scheduled for March 20, 1986; and WHEREAS, co-sponsoring this Forum is consistent with the Economic , ; i..; Development Advisory Committee's 1985-86 goals as endorsed by this Council on September 11, 1985: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A supplemental appropriation is made to general fund account number 8101-300-091-200 in the amount of $1,000 for fiscal year 1986. FEB26.7 MINUTES OF THE FEBRUARY 26, 1986 MEETING 161. Aye: Councilmembers Bos, Curry, Hill, Kelley, Tolbert, Williams and Mayor Sevila Nay: None On a motion by Mr. Williams and seconded by Mrs. Hill, the meeting was adjourned at 9:00 p.m. Mayor ' ,....ice. Clerk of :uncil Q) N W CO Q I FEB26.8