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HomeMy Public PortalAbout1986_04_23 • 190 • MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, APRIL 23, 1986 A regular meeting of the Leesburg Town Council was held in the Council Chambers,• 10 Loudoun Street, SW, Leesburg, Virginia on April 23, 1986 at 7:30 p.m. The meeting was called to order by the Mayor with the invocation given by John Tolbert and followed with the Salute to the Flag led by Brian Kelley. Present were Mayor Robert Sevila, Councilmembers Charles Bos, Arl Curry, Brian Kelley, John Tolbert. and Charles Williams. Marylou Hill was absent. Staff members present were Assistant Town Manager, Steve Owen; Director of Engineering and Public Works, Tom Mason; Director of Planning, Zoning and Development, Martha Mason-Semmes; Town Attorney, George Martin and Deputy Town Attorney, Deborah Welsh. Also present were members of the Planning Commission, Henry Stowers, Mervin Jackson, Jerry Pelkey, William Webb, Marvin Belles and Chairman, Lynwood Lay. On a motion by John Tolbert and seconded by Charles Williams it was recommended that the minutes of the regular meeting of october 23, 1985 be approved as submitted. Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None PETITIONERS Mayor Sevila made the following proclamation in honor of National Hospital Week: PROCLAMATION WHEREAS, May 11-17, 1986 has been designated National Hospital Week by the American Hospital Assoc+ation; and WHEREAS, the theme for the National Hospital Week celebration is "Hospitals Make Healthy Neighbors" ; and WHEREAS, the citizens of Leesburg openly pay tribute to the ded- icated staff of Loudoun Memorial Hospital for providing the high quality health care that helps us all lead healthier lives: THEREFORE, BE IT PROCLAIMED that May 11-17, 1986 is NATIONAL HOSPITAL WEEK and all citizens of Leesburg are urged to participate in Loudoun Memorial Hospital's celebration. JOINT PUBLIC HEARING WITH THE PLANNING COMMISSION ON PROPOSED AMENDMENTS TO SUBDIVISION ORDINANCE ON UTILITY EASEMENTS Martha Mason-Semmes gave the staff report on these proposed amendments. She stated that easements at least 20 feet in width along side or rear yard lines is the present requirement. Reduction of these easement requirements to 10-feet or five-feet in side yards is being proposed. The easements should be located on the final plat. Often these easements have shown up in front yard areas and this would be avoided by the requirement to show these easements on the final plat. Stephen Harris, a representative of Virginia Power, said the reduct- ion of twenty feet to ten feet would be detrimental to some of the equip- ment that the power company must install and he asked Council to consider the easement width to be at least 15 feet. Mayor Sevila asked if the requirement to have the easement shown on the final plat would be a problem for the development community and the utility provider. Mr. Harris respon- ded that this requirement for showing these easements on final plats could present some problems. He said that most of their easements are front lot easements and that maintenance and service availability are easier on them. Bill Webb a member of the Planning Commission stated that it was his impression that the Planning Commission was considering a 10-foot wide strip on each side of the property line (total of twenty foot easement) on rear lot lines. MINUTES OF THE APRIL 23, 1986 MEETING + ^ John Fox.of Northern Virginia Natural Gas stated that for their purposes, the reduced easements would still be feasible. David Bowers of Patton, Harris, Rust and Associates felt that the requirement to show the easements on the final plat was over-requiring the developer on this issue. Many times he has dealt with this situation just to end up having the utility provider show their own easements on plats. This is duplication of effort and can cause conflict between the developer and utility provider as to location of easements. I Bruce Brownell, a local developer, spoke on how he and the utility providers have to come to mutual agreement on the location of the utility easements. The utilities prefer the front for maintenance purposes and the developer prefers the rear for aesthetics. Another consideration is lots that are not normal in shape. There is a need for the developer and the utility provider to work closely in determining the best spot for these easements and reducing the size of the easement could work well in some cases and not so well in others. T Dan Gill a representative of C&P Telephone Company, said that with CD the many utilities required in each easement, reduction could make a near N impossible situation. CUP gets a signed written easement with their N own drawn plat from the develo er/owner. Possibly at the final plat stage w the developer could get the easements assigned. This would give the utility providers flexibility in determining the best location for these CO easements considering the configuration of the home and lot to be Q serviced. At this point the public hearing on amendments regarding public utility easments was closed. Since this was a joint hearing with the Planning Commission, Mayor Sevila asked Chairman Lynwood Lay when the Planning Commission would be able to consider this legislation, since Council had indicated a desire to return this to the Utility and Public I Works committee for further consideration. On a motion by Mr. Tolbert and seconded by Mr. Williams it was proposed that the amendments regarding public utility easements be referred back to the Utility and Public Works Committee at their next meeting on May 5, 1986, for further consideration. Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None JOINT PUBLIC HEARING WITH THE PLANNING COMMISSION ON PROPOSED AMENDMENTS TO ZONING ORDINANCE REGARDING RESIDENTIAL DENSITY IN THE OLD AND HISTORIC DISTRICT Mayor Sevila stated that all the members of the Planning Commission were present for this consideration. Martha Mason-Semmes presented the staff report as follows: The purpose of the legislation is to expand the applicability of special exception procedures currently in plac° to allow additional density within the H-1 historic district. Certain buildings could allow apartment use, thereby increasing density. The procedure for a special exception- is ' applying to town staff with a check for $100. Staff would then refer this application to the Planning Commission who would make a recommendation on the special exception within 30 days. The Council would then receive the recommendation and set a public hearing. Following this hearing Council could make its decision. Some guidelines are: renovation in regard to historic signficance, architectural significance, appropriate landscAping and appropriate attention to adjoining properties. Donald Devine a resident of Cornwall Street near the property in question,stated he does not oppose the conversion of the house to four apartments, however, the home sits in a natural bowl with poor drainage from adjoining properties. It was owned by the historical society at one 192 MINUTES OF THE APRIL 23, 1986 MEETING point but renovation stopped. At present the renovations have been costly and the subject property is far from being utilized. Mr. Devine suggested that the zoning ordinance state that in R-9 districts special exceptions can be applied for. Rather than change the zoning for the entire Old and Historic District, thus jeapordizing it, leave the special exceptions in place. The subject property is unique and definitely is an area that could well absorb the rezoning to multi-family. A simple variance rather than amendment to the zoning ordinance would definitely work well in this case. By amending the zoning ordinance w^ could well apartmentalize the Old and Historic District. James Wilhoit, the former owner of the subject property, stated that you can't do in the R-2 district what you can in the R-1 District. In the R-1 district you can have an apartment in a house. In the R-2 district there are homes that have apartments in them although they are not technically allowed. The building in question was originally two buildings, now joined. The request is for two apartments in each building. The property has ample room for parking for apartment purposes. The request would also preserve the residential character of the Old and Historic District and the structure would be maintained as it now is. Colonel Michael Grenata, a resident of Cornwall Street, referred to the fact that Mr. Wilhoit had mentioned that he has an apartment in his home. He said that most of the Old and Historic District is zoned R-2. His apartment was incorporated before zoning disallowed this. The . problem he has with the zoning amendments is that a special exception could be applied to open space. If this could be applied only to exceptional existing structures (limiting it to those houses that are not only large, but have land around them) , he feels it would read better. Mike Blair who lives across from the Ordinary, has no problem with putting apartments in the Ordinary, but does have some problem with the proposed ordinance. Fred Hetzel, resident of 210 Cornwall Street, commended Council on their concern regarding the sad state of the sidewalk on Cornwall Street - he hopes they are seriously considering repaving it with brick. Though he is not a lawyer, he endorses in principle the thoughts of Mr. Devine and Col. Grenata. If this will get the Ordinary renovated, he believes he is representative of all the people on Cornwall Street. Fred Williams, also a resident of Cornwall Street, basically agreed with Mr. Devine and Mr. Blair - he doesn't think it is appropriate to increase the residential density in the R-2 District, but it is important in the business district. Bruce Brownell commented that he has had the opportunity to be involved in both residential and commercial building. One of the most dominant aspects of Leesburg is the historic district - this is somewhat unique in that it has both commercial and residential in the same district. The key to the health and prosperity of downtown Leesburg is not building buildings, but distinguishing between the commercial and residential areas. He believes, almost without exception, that encouraging people to live in the historic district is a good idea. Mr. Williams asked if this means he is speaking in favor of increasing the density? Mr. Brownell replied he is speaking in favor of the ordinance. Ms. Elizabeth Grenata felt that Mr. DeHartknew the conditions when he bought the property and suggested that the four apartments be allowed here but not allow this in any other buildings in the Historic District. The public hearing was closed. Mr. Lay indicated that the Planning Commission will report back to Council following its May 1 meeting so that Council can reconsider this item at its May 7 committee meeting. On a motion by Mr. Williams and seconded by Mr. Tolbert this matter was unanimously referred to the Finance and Administration Committee. Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None MINUTES OF THE APRIL 23, 1986 MEETING 193 PUBLIC HEARING ON PROPOSED AMENDMENTS TO ZONING ORDINANCE REGARDING HEIGHT AND YARD REQUIREMENTS IN B_1 AND BB=2 DISTRICTS Martha Mason-Semmes gave the staff report regarding the proposed amendments to the zoning ordinance. Two major purposes of these are, first, to take the existing permitted category of multi-family use out of B-1 and B-2 districts as a permitted use and make them special exceptions in these districts. The second purpose is to add new standards for apartment I development in the B-1 and B-2 districts. Presently there are no open space requirements for recreational purposes, etc. These are proposed to be added to the ordinance. A minimum of 30% open space for apartment developments is being proposed along with architectural types avoiding massive and monolithic building types. The ordinance would require that building elevations be submitted for all apartment proposals. Since there were no members of the public who wished to speak on these proposed amendments, the public hearing was closed at this time and referred to Council for consideration. 0) On a motion by Mr.Williams and seconded by Mr. Kelley, it was N recommended that this issue be referred back to the Finance and N Administration Committee for further consideration. CO Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None COUNCILMEMBER COMMENTS Charles Bos reported on the Board of Architectural Review meeting which discussed that applications must be scrutinized more closely in the Old and Historic District. Items under consideration are more stringent requirements for plans, plats and architectural renderings. Board members are concerned that the open spaces in the Old and Historic District will be developed with high density uses. Charles Williams stated that the Parks and Recreation Commission took a field trip to Winchester to view the Parks and Recreation Authority there. They received much history and information on the park development process in Winchester. They will be going to Herndon and Algonkian Park within the next few weeks in continuation of their research of area parks. The Environmental Advisory Commission met last evening and they reviewed the proposed survey on the Carrvale Wall and how citizen participation could be incorporated. New trash receptacles are going to be ordered with State Litter Control Funds. Mayor Sevila asked if the Recreation Commission is also investigating governmental involvement in the parks that they are visiting. Mr. Williams said that yes, they are investigating this aspect. Arl Curry missed the last Planning Commission meeting but stated that there was a good report included in the manager's activity report. Brian Kelley wanted to briefly comment that Mr. Roland Flint had recently passed away. He was a member of the town's Grievance Commission. It was suggested that a Resolution of Respect be drawn up. John Tolbert stated that the activity report summarizes the airport activity. MAYOR'S REPORT Mayor Sevila reported that Central Loudoun Little League had recently kicked off its season with ceremonies at Founders' Field. This event was well attended by Council which was greatly appreciated by the Little League. This will be a big year for them with the State Tournament to be hosted in Leesburg at the end of this season. 194 MTNUTES OF THE APRIL 23, 1986 MEETING II The opening ceremonies for Market Station are scheduled for this weekend. He urged all citizens to come to the opening to see how well this very important project turned out. A reminder that Tuesday, May 6, is general election day and that all citizens are urged to vote on that day. MANAGER'S REPORT Assistant Town Manager, Steve Owen reported that he had some additions to the activity report. The search for the Assistant Director of Engineering is hopefully coming to a close. The list has been reduced to two. Officer Christine Wede has graduated from basic training at the Northern Virginia Criminal Justice Academy. The apron project is moving along very well. Channel 4 is going to be doing a live newscast from the new Market Station. The third quarter financial report was included in tonight's packet and a thank you to Paul York for his fine job on this was extended. LEGISLATION 86-72 - RESOLUTION - AUTHORIZING A LEASE WITH PROFESSIONAL PILOTS SERVICES AT LEESBURG MUNICIPAL AIRPORT On a motion by Mr. Tolbert and seconded by Mr. Williams, the following resolution was proposed and unanimously adopted: WHEREAS, Professional Pilots Services' lease at Leesburg Municipal Airport will expire on June 22, 1986; and WHEREAS, the Leesburg Airport Commission has recommended that on June 23, 1986, the Town of Leesburg enter into a six month lease with Professional Pilots Services, renewable in 90-day increments up to June 22, 1991, for the same facilities presently leased by Professional Pilots Services which includes two (2) hangars, one (1) office and thirteen (13) tie-downs; and WHEREAS, Council desires to enter into the aforementioned lease arrangement with Professional Pilots Services: THEREFORE, RESOLVED by the Council of the Town of Leesburg in- Virginia as follows: The manager is authorized to execute, on behalf of the town, the lease between Professional Pilots Services and the Town of Leesburg in the form transmitted to the Council by memorandum dated March 28, 1986 and approved by the Town Attorney. Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 86-73 - RESOLUTION - AUTHORIZING A CONSTRUCTION CONTRACT WITH WILLIAM A. HAZEL, INC. TO PERFORM PAVEMENT CONSTRUCTION ON THE LEESBURG MUNICIPAL AIRPORT APRON PROJECT On a motion by Charles Williams and seconded by Brian Kelley, the following resolution was proposed and unanimously adopted: MINUTES OF THE APRIL 23, 1986 MEETING 19 5 WHEREAS, the Town of Leesburg has applied for a FY 1986 Federal Aviation Administration grant in the amount of $496,116 to cover ninety percent of the costs associated with pavement construction and engineering/ inspection services (Contract 2) on the Leesburg Municipal Airport apron project; and WHEREAS, sealed bids for Contract 2 were solicited in accordance with Leesburg's purchasing policies; and I WHEREAS, the engineering firm Campbell, McQueen & Paris, Engineers has certified to the town that the lowest and best bid is from William A. Hazel, Inc. of Chantilly, Virginia: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The town manager is hereby authorized to execute all contract documents with William A Hazel, Inc. for Contract 2 on the airport nJ'n apron project. V`VJ SECTION II. Notice to Proceed will be issued to William A. Hazel, N Inc. upon receipt of all bonds and insurance certificates as specified in W the contract documents and upon Federal Aviation Administration concurrence CO on the award of the subject contract. Q Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 86-74 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE BOND FOR CARDINAL INDUSTRIAL PARK, LOT 12 On a motion by Charles Bos and seconded by Mr. Williams, the following resolution was proposed and unanimously adopted: WHEREAS, the developer of the Cardinal Industrial Park, Lot 12 has completed public improvements in accordance with Town standards and speci- fications and these have been inspected and approved and the as-built drawings have been submitted and approved: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The cash performance bond in the amount of $5,700.00 from Herson and Cohn Limited is reduced to $285.00. A maintenance bond to be in effect for a period of one year from this date in the amount of $285.00 is approved. Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 86-75 - RESOLUTION - APPROVING A REVISED PRELIMINARY PLAN FOR THE FOXRIDGE SUBDIVISION II On a motion by Brian Kelley and seconded by John Tolbert, the following resolution was proposed and adopted: WHEREAS, Pulte Home Corporation ("Pulte") is the contract purchaser of the Foxridge Subdivision; and WHEREAS, Pulte has submitted a revised overall plan for the Foxridge Subdivision to supersede the approved preliminary plat for the purpose of submitting additional final plats for this cluster subdivision; and 196 MINUTES OF THE APRIL 23, 1986 MEETING WHEREAS, the revised overall plan will result in an improved lot layout, larger lots and a detached housing style; and WHEREAS, it is in the public interest to facilitate the submission by Pulte of final plats in general conformance with the revised plan THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The revised overall plan for the Foxridge Subdivision by Dewberry and Davis, dated April 22, 1986, is hereby approved for the purpose of submitting additional final plats for this subdivision. Charles Williams stated that he felt that regulations should require that all roads be public roads. Subdivisions where roads public and private cause several difficulties for the residents and this type of situation should not be allowed to exist. Mr. Bos stated that he had also engaged in discussions on this subject and it must be given further consideration. The Mayor requested at this point, before the final vote on this resolution is taken, that staff give their report pertaining to the Pulte intentions with the Foxridge Subdivision. Martha Mason-Semmes summarized that the documents and the budget had been reviewed by both her department and the Department of Engineering and Public Works. They felt that the budget was sufficient to more than cover the things that it needed to. The homeowners association documents were also reviewed. Two provisions were found that would support maintenance of roads and the public improvements in the subdivision. Staff did try to review the plans as far as public and private streets. The pipestems could not be made public because of right-of-way restrictions and easements that limited size. The Mayor asked if a determination was made for the approximate cost of the maintenance of the private streets over their life expectancy? Tom Mason, Director of Engineering and Public Works stated that Pulte had indeed provided repair estimates in twelve year cycles. Charles Williams was still concerned over the maintenance of the private streets, stating that if the Homeowners Association went defunct, then who would oversee the maintenance of these streets. Following further comments by the Mayor, the vote on this resolution was as follows: Aye: Councilmembers Bos, Curry, Kelley, Tolbert and Mayor Sevila Nay: Councilmember Williams NEW BUSINESS 86-76 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF A. C. ECHOLS, JR. , & J. LYNN CORNWELL, JR., 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 Brian Kelley and seconded by John Tolbert, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The application of A. C. Echols, Jr., and J. Lynn Cornwell, Jr., Trustees, for revision of the Zoning District Map, assigned No. ZM-76, to rezone 8.8 acres from R-3 to B-2 is received and referred to the Planning MINUTES OF THE APRIL 23, 1986 MEETING 197 Commission for public hearing and recommendation under Chapter 11, Title 15.1, of the Code of Virginia as amended. Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None 86-77 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND APPROVING WATER AND SEWER EXTENSIONS FOR THE KRB WAREHOUSE DEVELOPMENT On a motion by Charles Williams and seconded by Charles Bos, the following resolution was proposed and unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: VJ SECTION I. The manager is authorized to execute on behalf of the Town N an agreement (Form PC-2) with KRB Limited Partnership of Purcellville, N Virginia, for installation of public improvements shown on the plans Wapproved by the Director of Engineering for the KRB Warehouse Development. CO SECTION II. The extension of municipal water and sewer works for the KRB Warehouse Development is approved in accordance with Section 15-9 and 19-18 of the Town Code. SECTION III. An irrevocable bank letter of credit in a form approved by the town attorney from United Savings Bank in Vienna, Virginia in the amount of $77,974 is approved as security to guarantee installation of the public improvements shown on plans approved by the Director of Engineering for the KRB Warehouse Development. Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None Charles Bos brought up some question on the status of the CIP following the last meeting. It was suggested that the inquiry be referred back to the Finance and Administration Committee for further consideration. On a motion of Charles Williams and seconded by Charles Bos, Council voted unanimously to go into executive session to discuss personnel and legal matters. Section 2.1-344 (1) and Section 2.1-344(6) of the 1950 Code of Virginia, as amended (Freedom of Information Act) permits the Council to discuss such matters in executive session. The following staff are requested to participate in the meeting: Assistant Town Manager, Steve Owen, Town Attorney, George Martin and Deputy Town Attorney, Deborah Welsh. Aye: Councilmembers Bos, Curry, Kelley, Tolbert, Williams and Mayor Sevila Nay: None Councilreconvened with no action taken. It was duly moved and seconded that the meeting be adjourned at approximately 10:47 p.m. Mayor Clerk of ouncil