HomeMy Public PortalAbout1986_03_26 169
MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, MARCH 26, 1986
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia, on March 26, 1986 at
7:30 p.m. The meeting was called to order by the Mayor with the in--ocation
given by Mr. Tolbert and the Salute to the Flag led by Councilmember Bos.
Present were Mayor Robert Sevila, Councilmembers Charles Bos, Arl Curry,
Brian Kelley, John Tolbert, Jr., and Charles Williams. Councilmember
Marylou Hill was absent. Staff members present were Town Manager, Jeffrey
Minor, Assistant Town Manager, Steve Owen, Director of Finance, Paul York,
Director of Engineering and Public Works, Tom Mason, Zoning Administrator,
Mark Nelis, Planner, Susan Sherman, Town Attorney, George Martin, and
Deputy Town Attorney, Debbie Welsh.
On a motion by John Tolbert and seconded by Charles Williams it was
recommended that the minutes of the September 25, 1985 meeting be approved •
as submitted.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and
Mayor Sevila
0) Nay: None
C‘.1
PETITIONERS
CO
The Environmental Advisory Commission presented awards for landscaping
and outside appearance of local businesses beyond the recommended standards.
Q These were presented to George Bilidas of Knossos Restaurant, and Sonny
Dickens of the McLean Bank. Both businesses are located on East Market
Street which is presently undergoing a vital improvement project. Fred
Hetzel, chairman of the Environmental Advisory Commission, praised both
businesses for efforts beyond those required for the beautification of their
businesses.
Mayor Sevila made the following proclamation in honor of Fair Housing
Month:
PROCLAMATION
WHEREAS, 1986 marks the 16th anniversary of the Federal Fair Housing
Law; and
WHEREAS, the Town of Leesburg has expressed its commitment to equal
housing opportunity; and
WHEREAS, the Loudoun Board of Realtors and the Loudoun County Office
of Housing Services have endeavored to coordinate and further fair
housing objectives in the Town:
NOW, THEREFORE, I, Robert E. Sevila, Mayor of the Town of Leesburg,
do hereby proclaim April, 1986 as FAIR HOUSING MONTH in Leesburg and
urge all citizens to participate in this observance by committing them-
selves to the goal of equal housing opportunities for all residents.
Gary Samuels, owner and operator of the Flint Ridge School, spoke
regarding the closing off of Cardinal Park Drive proposed in the revision to
the Town Plan. He wrote a letter to Council, which h- read at this time,
regarding his business and objecting to the closing of this drive. This
location was chosen because it is on the "morning side" of traffic on Route
7 and makes access convenient for parents to drop their children off. He
requested that council consider leaving this access drive open in the
revision of the town plan.
Mayor Sevila reported that staff had prepared a report on this issue
which will be given during consideration of the Town Plan revision.
PUBLIC HEARING ON THE CAPITAL IMPROVEMENTS PROGRAM FOR 1987-1992
Town Manager, Jeffrey Minor gave the staff report on the proposed
Capital Improvements Program for 1987-1992 as follows: This was presented
initially to the Planning Commission which gave it approval. Tonight a
second version with some adjustments and corrections is being proposed.
1 . 0 MIN""TES OF THE MARCH 26, 1986 MEETING
Some of the adjus' ments include changes in the waterline extension figures;
computer expansion project; East Market Street project; the Carrvale Wall;
and the Fox Ridge budget for next year. The Capital Improvements Program is
a vehicle for the Council to look at the capital outlay plan that the town
has. It is a vital tool for preparation of upcoming budgets. For FY-87 the
Capital Improvements program represents about $1.5 million in the General
Fund. For the Utility Fund capital outlays a $1.2 million figure is
proposed. With the help of a graphic chart, Mr. Minor went on to explain in
detail where many of the capital improvements were to be made for the
benefit of the public.
Claudia Annis, a resident of Leesburg Square, asked about future
traff+c'signals i^cluded in the Plan. _
Mr. Minor responded that three traffic signals are proposed, one at the
intersection of Dry Mill Road and Catoctin Circle; Catoctin Circle and
Harrison Street; and at the Fort Evans Road and Route 7 intersection.
Since there were no further comments from the public, the Public
Hearing was closed at this time.
COUNCILMEMBER COMMENTS
Mr. Bos attended the Board of Architectural Review meetings.
Considered at these meetings were signs at Market Station, the United
Methodist Church renovation and several changes to residences. Further
review of Chesterfield on West Loudoun Street was taken up at a special
meeting. Building height restrictions along with traffic patterns were
discussed.
Mr. Williams reported on the Parks and Recreation Commission's first
meeting. Members of the town staff presented an overview of the
Commission's duties. The new Commission established a morning meeting time
of 7:30 a.m., the next meeting scheduled for April 8. Charles Williams was
elected Chairman of the Commission, and Kenneth Robinson was elected Vice-
Chairman. The item of discussion for the evening was centered around the
125th anniversary of the Battle of Balls Bluff. It was proposed that the Ida
Lee Park be used on October 17, 18 and 19, 1986 for an encampment of
participants reenacting the Battle of Balls Bluff. This will be considered
by the Finance and Administration Committee at their meeting next week.
The Environmental Advisory Commission met last evening. Discussion
centered around the improvement of the Carrvale Wall. Establishing a survey
for participatory interest of the residents of Carrvale is being
investigated by Commissioner McCahill.
Mr. Curry reported on the activities of the Planning Commission. At
its last meeting the final development plan of the Sunrise Retirement Home
was approved along with the preliminary and final development plan for the
expansion at Hetzel Realty.
Mr. Kelley met with Paul York, Steve Owen and prospective auditors who
were being interviewed for auditing the Town's records for the next three
years. Three firms submitted proposals and two are under consideration at
this time.
Mr. Tolbert gave a brief report on the Airport Commission meeting.
Since several members were absent the meeting was brief. Steve Owen
reported on a meeting with Mr. DelBaso, the manager of the Eastern Region of
the FAA and Mr. Whittle, the Airport Districts Manager from Falls Church
regarding funding priorities and the scheduling of the north and south
runway extension projects.
Mayor Sevila mentioned that he, along with Messrs. Tolbert, Williams
and Kelley, attended the meeting of the area Chambers of Commerce in the
Dulles Area. The meeting provided a briefing on the ownership transfer of
Dulles Airport. He attended a meeting of the Downtown Business Association.
The major concern is the downtown parking situtation. Merchants from Market
Station would like to discuss their parking problem at the next Utility and
MINUTES OF THE MARCH 26, 1986 MEETING In
Public Works committee meeting. Today, word was received from David Dickson
of the Department of Economic Development in Richmond informi^g the town
that the industrial site for the certification process had been rejected.
MANAGER'S REPORT
Mr. Minor briefly discussed the rejection of the industrial site by the
Economic Development Department in Richmond. He urged the Economic
Development Advisory Commission to pursue this further.
$1,021,000 has been tentatively received for the north runway extension
project. This is the culmination of extensive efforts on the part of the
town for these funds.
The revised signed proffers for Potomac Crossing were received today
and this issue should be resolved by the end of the week.
The Loudoun Real Estate Forum which was recently held was very
successful and the town was pleased to have been involved with such a worth-
while project.
N
NBecause of spring runoffs into the Potomac River, there were some
W problems with the water last week. This was corrected within three days.
CO Q LEGISLATION
On a motion by Mr. Tolbert and seconded by Mr. Williams it was
suggested that the first item of legislation, an Ordinance Amendi^g a
Proffer Pertaining to the Leesburg Property of A.C. Echols, Jr., Tee, and J.
Lynn Cornwell, Jr. Tee, be referred back to the Finance and Administration
Committee for further consideration.
i
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor
I
Sevila
Nay: None
86-48 - RESOLUTION - REVISING THE COMPREHENSIVE PLAN FOR THE TOWN OF
LEESBURG
On a motion by Mr. Williams and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS, Paragraph 15.1-454 of the Code of Virginia, as amended,
provides for the periodic review of adopted comprehensive plans; and
WHEREAS, Paragraph 15.1-453 of the Code of Virginia, as amended,
requires that amendments to tho comprehensive plan be reviewed by the local
Planning Commission and advertised pursuant to Paragraph 15.1-431 of the
Code of Virginia, as amended; and
WHEREAS, the Council, on behalf of the town, entered into an annexa-
tion agreement with the Board of Supervisors for Loudoun County on November
15, 1982, which called for the town to prepare revisions to the town co-pre-
hensive plan incorporating the area annexed effective January 4, 1984; and
' WHEREAS, the Council appointed a Town Plan Task Force, co-posed of
citizens and elected and appointed county and town officials, which met on
twenty occasions between March, 1983 and April, 1984; and
WHEREAS, the Leesburg Planning Commission held a public hearing on the
amendments forwarded by the Task Force on September 6, 1984, and reco-mended
for adoption revised comprehensive plan amendments on February 7, 1985; and
WHEREAS, this Council held a public h^aring on January 29, 1986; and
WHEREAS, this Council has met and considered additional comments from
residents, landowners and developers; and
172
MINUTES OF THE MARCH 26, 1986 MEETING
WHEREAS, this Council has carefully considered the comments of the
Loudoun County Board of Supervisors pursuant to Paragraph 9 of the
aforementioned annexation agreement; and
WHEREAS, a revised plan for the town is essential to the careful
coordination of future development and the provision of public services to
its citizens; and
WHEREAS, the plan amendments adopted herein incorporate relevant
policies found in the Annexation Area Development Policies adopted pursuant
to the aforementioned annexation agreement between the Town of Leesburg and
the Loudoun County Board of Supervisors:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The amendments to the 1974 Leesburg Comprehensive Plan, as published in
the Town Plan public hearing draft dated January, 1986, as amended by
Council revisions transmitted in a memorandum to the Council dated March 11,
1986, and subject to appropriate typographical and technical revisions and
supporting graphics, are adopted as the revised comprehensive plan for the
Town of Leesburg.
The Mayor asked Mr. Minor to report on the staff recommendations
regarding th.- closing of Cardinal Park Drive. This closing will not be done
until a series of significant and expensive improvements to Route 7 are
completed. A hew interchange will be built. Under the annexation
agreement, Cardinal Park Drive will be connected to Route 654.
Mr. Bos gave a historical overview of the town plan process in
Leesburg. He commended both the staff members and the Task Force members
for the excellent job they did in establishing a tool for future use in
planning the development of Leesburg.
Each Councilmember went on to give supportive statements regarding the
Town Plan.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor
Sevila
Nay: None
On a motion by Brian Kelley and seconded by Mr. Williams it was
recommended that the following resolutions be considered and adopted as
consent items:
86-49 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND
FOR KNOSSOS RESTAURANT
WHEREAS, the developer of the Knossos Restaurant has completed public
improvements in accordance with Town standards and specifications and these
improvements have been inspected and approved:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The cash performance bond for the Knossos Restaurant located on
East Market Street in the amount of $4,211 is reduced to $222. A maintenance
bond to be in effect for a period of one year from this date in the amount
of $222 is approved.
86-50 - RESOLUTION - EXTENDING THE PERFORMANCE CONTRACT FOR PUBLIC IMPROVE-
MENTS FOR LOUDOUN HILLS, SECTION II
WHEREAS, on October 9, 1985, Resolution No. 85-178, the Council
extended the performance contract for Loudoun Hills, Section II for six
months; and
MINUTES OF THE MARCH 26, 1986 MEETING 173
WHEREAS, this contract expires on March 27, 1986;
THEREFORE, RESOLVED by the Council of the Town of Leeburg 4n Virginia
as follows:
The performance contract for public improvements for Section II of
Loudoun Hills Subdivision is extended until June 30, 1986. A corporate
surety bond from the Republic Insurance Company in the amount of $30,000
guaranteeing the installation of public improvements is approved.
86-51 - RESOLUTION - INITIATING AMENDMENTS TO THE LEESBURG ZONING
ORDINANCE REGARDING ADDITIONAL RESIDENTIAL DENSITY
IN THE OLD AND HISTORIC DISTRICT (H-1) DISTRICT AND
AUTHORIZING A JOINT PUBLIC HEARING
WHEREAS, the Leesburg Zoning Ordinance currently permits additional
residential density by special exception on parcels cfland zoned B-1 and
�S1 B-2 in the Historic overlay zoning district (H-1) ; and
CD WHEREAS, the Town desires to encourage the construction and renovation
N of residential dwelling units in the H-1 district; and
N
W WHEREAS, the Town wishes to expand the applicability of this special
M exception procedure to include properties zoned R-2 and located within the
H-1 district and to clarify the existing ordinance:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated
to amend Article 3-A, R-2 Residential District Regulations, by adding a new
section to be known as Section 3A-2.1 to read as follows:
3A-2.1 Special Exception •
Additional residential units are permitted by special exception
in the Historic overlay district (H-1) as described in Sections
8-2-11-10 and 8-2-11-11.
SECTION II. Section 5-2.1 is amended as follows and Section 5-2.1-1
is deleted:
5-2.1 Special Exception
Additional residential units in excess of density limitations
_ established in Section 8-1-2(a) are permitted by special
• exception as described in Sections 8-2-11-10 and- 8-2-11-11.
SECTION III. Section 6-2.1 is amended as follows and Section 6-2.1-1
is deleted:
6-2.1 Special Exception
Additional residential units in excess of density limitations
established in Section 8-1-3(a) are permitted by special
exception as described in Sections 8-2-11-10 and 8-2-11-11.
SECTInN IV. A public hearing at which persons affected by or
interested in the amendments proposed above may appear and present their
views shall be held beginning at 7:30 p.m. or as soon thereafter as the
matter may be reached on April 23, 1986, in the Council Chambers, 10 Loudoun
Street, SW, Leesburg, Virginia, and in compliance with Section 15.1-431 of the
Code of Virginia this hearing shall be a joint public hearing of both- the
Planning Commission and Council. The Clerk shall give notice of this
hearing and the Council's intention to adopt this amendment on April 3,
1986 and April 10, 1986 and advise the Planning Commission of the purpose,
time and date of the hearing.
/74 MINUTES OF THE MARCH 26, 1986 MEETING
86-52 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AMENDMENT TO-THE
LEESBURG ZONING ORDINANCE REGARDING RESIDENTIAL USES
IN THE R-4 ZONING DISTRICT
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A Notice of Public Hearing fo consider proposed amendments of Sections
4A-3.fof. the Leesburg Zoning Ordinance regarding size and dimension
requirements for residential uses in the R-4 Zoning District shall be
published in the LOUDOUN TIMES MIRROR on April 24, 1986 and May 1, 1986 for
public hearing on May 14, 1986 at 7:30 p.m. in the Council Chambers, 10
Loudoun Street, SW, Leesburg, Virginia
86-53 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR AMENDMENT TO THE
LEESBURG ZONING ORDINANCE REGARDING RESIDENTIAL USES
IN THE B-1 AND B-2 ZONING 'DISTRICTS
RESOLVED by the Council of the Town of Leesburg n Virginia as follows:
A Notice of Public Hearing to consider a proposed amendment of Sections
5-1-1, 5-2.1, 6-1-1, 6-2.1, 8-1-2, 8-1-3, .8-2-11-10 and 8-2-11-11 and
8-2-11-B of the Leesburg Zoning Ordinance regarding residential uses in the
B-1 and B-2 Zoning Districts shall be published in the LOUDOUN TIMES MIRROR
on April 3, 1986 and April 10, 1986 for public hearing on April 23, 1986
at 7:30 p.m. in the Council Chambers, 10 West Loudoun Street, SW, Leesburg,
Virginia.
86-54 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR ZONING MAP . .--
AMENDMENT #69(A) - PLAZA CONDOMINIUMS FROM 8-2
TO R-4
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A Notice of Public Hearing to consider Rezoning #ZM-69(A) Plaza Condo-
miniums
from B-2 to R-4 shall be published in the LOUDOUN TIMES MIRROR on
April 24, 1986 and May 1, 1986, for public hearing on May 14, 1986 at 7:30
p.m. in the Council Chambers, 10 Loudoun Street, SW, Leesburg, Virginia.
86-55 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF C.J. PAYNE,
JR FOR REVISION OF THE ZONING DISTRICT MAP TO THE
PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAPTER
111 TITLE 15.1 OF THE CODE OF VIRGINIA, AS AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The application of C. J. Payne, Jr., for revision of the Zoning
District Map from R-2 (residential) to B-2 (general business) 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.
86-56 - RESOLUTION - APPOINTING MATTHEW CALVERT AND TERRY GROMEL AS
SPECIAL COUNSEL TO REPRESENT THE TOWN OF LEESBURG
IN MATTERS RELATED TO THE RECONVENING OF THE SPECIAL
ANNEXATION COURT ON MAY 16, 1986
WHEREAS, this Council notes with deep sadness the death of W. H. "Pete"
Jolly, special counsel to the Town of Leesburg in connection with the recon-
vening of the Special Annexation Court to address a dispute between the Town
of Leesburg and the County of Loudoun; and
WHEREAS, the law firm of Jolly, Place, Fraling and Prillaman, P. C.
does not have the resources at this time to represent the town in this
matter; and
WHEREAS, the law firm of Hunton and Williams in Richmond, Virginia has
been recommended to assist the town in preparing for the matters before the
Special Annexation Court:
175
MINUTES OF THE MARCH 26, 1986 MEETING
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Matthew Calvert and Terry Gromel of the law firm of Hunton and
Williams, are appointed as special counsel to, represent the Town of Leesburg
in litigation before the Special Annexation Court to reconvene on May 16,
1986.
86-57 - RESOLUTION - APPOINTING ASSOCIATE COUNSEL TO REPRESENT THE TOWN
IN KRB ASSOCIATES VS. THE PLANNING COMMISSION OF THE
TOWN OF LEESBURG
WHEREAS, KRB Associates has filed a petition to the Circuit Court of
.Loudoun County for appeal of disapproval of a development plan; and
WHEREAS, the Planning Commission of the Town of Leesburg requires
specialized legal expertise and resources to effectively defend the town's
actions in this suit; and
WHEREAS, the law firm of Boothe, PrichArd & Dudley is a highly regarded
N law firm which specializes in land use law and has represented the town
W successfully in other litigation and has rendered land use law advice to the
CO town on previous occasions:
Q THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Thomas F. Farrell, II, of the firm Boothe, Prichard &
Dudley, is appointed as associate counsel to represent the Town of Leesburg
in litigation with KRB Associates.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor
Sevila
Nay: None
86-58 - RESOLUTION - INITIATING AN AMENDMENT TO THE SUBDIVISION AND
LAND DEVELOPMENT REGULATIONS REGARDING PUBLIC UTILITY
EASEMENTS AND AUTHORIZING A JOINT PUBLIC HEARING
WHEREAS, the present Subdivision and Land Development Regulations do
not require the delineation of public utility easements on subdivision
. plats; and
WHEREAS, the Leesburg Planning Commission has recommended an amendment
to Sections 13-61 and 13-76 of the Subdivision and Land Development Regula-
tionstto•require that all public utility easements be illustrated on
preliminary and final subdivision plats in order to ensure thatall public
utility easements are located along side or rear lot lines; and
WHEREAS, it is determined that location of public utilities in side and
rear yards is in the interest of protecting the public health, safety and
general welfare:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The following amendments to the-Subdivision and Land
Development Regulations are initiated as follows:
Sec. 13-61. Required contents of subdivision plats.
(b) Preliminary plat contents
(4) Graphic Requirements
( (n) ) Approximate location of proposed public utility
easements to provide electrical, telephone, cable
176 MINUTES OF THE MARCH 26, 1986 MEETING
television and/or natural gas service to individual
lots, as provided in Sec. 13-76.
(c) Final plat contents
(16) Location of public utility easements to provide electrical,
telephone, cable television and/or natural gas service to
individual lots, as provided' in Sec. 13-76. - ' ' -
Sec. 13-76. Easements. - -
(a) Easements shall be provided where necessary for sanitary sewer,
water mains, gas mains, electrical lines, telephone lines, cable
television lines, and other-necessary services. Such easements
shall be centered along rear or side property lines unless
another location is deemed More appropriate by the Planning
Commission.',' Easements alongrearlot lines should be a minimum
of ten feet wide and five feet wide along side lot lines. The
location of all such easementsshall be 'indicated on subdivision
plats, as- provided in Section 13-61.
SECTION II. A public hearing at which persons affected by or
interested in the amendments proposed above may appear and present' their
views shall be held beginning at 7:30 p.m: or assoon thereafter as the
mattermay be reached on April 23, -1986 in the Council Chambers, 10'Loudoun
Street, SW, Leesburg, Virginia and in compliance with Section 15.1-431 of
the Code of Virginia this hearing shall be a joint public hearing of both
the Planning Commission and the Council. The Clerk shall give notice of
this hearing and the Council's intention to adopt this amendment on April 3,
1986 and April 10, 1986 and advise the Planning Commission of the purpose,
time and date of the healing. •
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor
Sevila
Nay: None
NEW BUSINESS
86-59 - RESOLUTION - REQUESTING-THE VIRGINIA 'DEPARTMENT OF HIGHWAYS AND
' TRANSPORTATION TO ACCEPT CERTAIN STREETS
On a motion by Mr. Williams 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:
',That-the Virginia Department of Highways and Transportation !is
requested-to accept- into-the Virginia Department- Of Highways secondary -
system 0.70 lane miles of Rockbridge Drive, 0.12 lane miles of Halifax-
Place,- 0.10 lane miles of Salem Court; 0.22 lahe miles of York Lane, 0.06
lane miles of Shenandoah Street and- 0.22 lane miles of Brown's Meadow Court
listed on the accompanying Form U-1, in accordance with the requirements of
Section 33.1-43 of the Code of Virginia, as amended.
Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor
Sevila
Nay: None
Mr. Williams• mentioned that a former councilmember, Mr. Coffey, is ill
and suggested that the Council send get well wishes on their behalf. '
On a motion by Mr. Tolbert and seconded by Mr. Kelley, the meeting-was
adjourned at 9:10 p.m.
Mayor
L. 44--dYlAg
Clerk of buncil