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