HomeMy Public PortalAbout1986_10_22 35.i
MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 22, 1986
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on October 22, 1986 at
7:30 p.m. The meeting was called to order by the Mayor with the invocation
given by Mr. Tolbert and followed with the Salute to the Flag led by
Councilmember Brian Kelley. Present were Mayor Robert E. Sevila, Council-
members Charles Bos, Arl Curry, Brian Kelley, Jerry Pelkey, John Tolbert,
Jr., and Charles Williams. Staff members present were Town Manager,
Jeffrey Minor, Director of Engineering and Public Works, Tom Mason,
Director of Finance, Paul York, Director of Planning, Zoning and Develop-
ment, Martha Mason-Semmes and Deputy Town Attorney, Debbie Welsh.
Prior to going into the regular agenda, Howard Willis of the Leesburg
Volunteer Fire Department came forward to ask the Councilmembers and
members of the public present'i to view the restored fire engine which the
town jointly purchased with the county and the fire department in 1929.
On a motion by John Tolbert and seconded by Charles Williams it was
recommended that the minutes of the May 14, 1986 and May 28, 1986 meetings
0)
be approved as submitted.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
Nand Mayor Sevila
N
Nay: None
Q PUBLIC HEARING ON REZONING APPLICATION #ZM-81 BY VIRGINIA POWER FOR THE
PROPERTY OF DONALD E. NELSON
This is a joint public hearing with the Planning Commission and the
Chairman of that Commission indicated that there was a quorum present.
The Mayor briefly welcomed new Planning Commission member, John Groschan.
The staff report on this rezoning was presented by Martha Mason-Semmes
as follows: This application is being presented to make changes to
two proffers on the Nelson tract rezoning. The property is located on the
east side of Route 643 just north of the airport. The proffers affected
are: that proffer #6 be deleted in its entirety. This proffer indicates
that adequate right of way suitable to the Director of Engineering shall be
dedicated to allow for the provision of future public road access from this
property to the Santmyer property. The second proffer to be amended was #5
which stated that direct access from Sycolin Road to this property shall
be limited to a single entrance located near the center of the property.
They would like this proffer amended to read that access from Sycolin Road
to this property will be limited to a single entrance. This proffer was
designed to maintain at least 800 feet between intersections on Sycolin
Road. The developer has determined that an entrance located more to the
south would be more feasible. Staff recommends that these proffer amend-
ments be approved.
Roy Harrison, a representative of Virginia Power and project engineer
for this project, went over the proffer amendments for the Council and
members of the public. Using the map, he pointed out the changes that are
proposed and cited safety as the major reason for the relocation of the
entrance. He also stated that the microwave pole will be there, it will be
85 feet high and will be screened by the natural tree growth of the area.
Mr. Curry had a question regarding the entrance to Sycolin Road -from
the Stowers' Tract development. Martha Semmes pointed out the location and
stated that it fell within the 600 foot requirement for spacing of
entrances to a four lane highway.
Tom Nalls, representative of the contract owner of the Santmyer
property, expressed concern that the amendment of proffer No. 6 would
eliminate the access from the Santmyer property to Sycolin Road. Sketch
plans have been submitted for development of this tract including locations
for their access. The southern piece of property is currently owned by
Bruce Brownell, who intends to sell it to Virginia Power for their access.
In granting the amendment of proffer No. 6, he asked that the access right
be contingent upon the dedication occurring at the southern end of the
property.
3 5 2 MINUTES OF THE OCTOBER 22, 1986 MEETING
Since there were no more representatives from the public who wished to
address this rezoning, the public hearing on ZM-81 was closed at this time
and referred to Council for their comments.
On a motion by Mr. Bos and seconded by Mr. Williams it was recommended
that ZM-81 be referred to the Finance and Administration Committee meeting
scheduled for November 18, 1986, for further consideration. Also, it will
be referred to the Planning Commission for their recommendation.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
PUBLIC HEARING ON SPECIAL EXCEPTION #86-6, LEESBURG GATEWAY
Mr. Minor gave a brief presentation on this special exception,
summarizing that basically this involves 347 apartment units on Lot 10
within Leesburg Gateway. This lot is about 15.8 acres which borders the
bypass, Sycolin Road and Davis Avenue. The major concern is the overall
density of the Gateway tract. There will be varied development within
this tract and addressing separate rezoning applications' for all of it must
be carefully considered. Staff feels that apartment use for Lot 10 is
appropriate and is pleased with the Lokey attractive facility that is •
planned for the area.
At this point Mayor Sevila excused himself from any consideration in
this special exception application and asked that Vice Mayor Charles
Williams chair the hearing on this.
Terry Titus,a representative of the applicant, presented some back-
ground information on the special exception request. In late August this
plan was presented to the Town. It highlighted the areas that are planned
for apartment development. The buyer of Lot 10 is now at the point where he
wants to begin the development. He is present and will address .the
; Council. The overall density for this area is 316 apartment units.
Although the zoning allows this, the owner has reduced,the density of the
area. The developer intends to build 200 one-bedroom units and 116-two
bedroom units. Approximately 110,000 square feet have been set aside for
recreational purposes, an increase of 30,000 square feet over the requirement.
Key access to the property will be the extension of Harrison Street to
Route 643. The product to be provided is an upscale, moderate income
product.
Kenneth Lokey, President and owner of Lokey Properties, the developer
of this portion of Gateway, presented some background on Lokey Properties.
He stated that their apartment developments range from 250 to 350 units.
They basically operate in the southeast but have recently begun a project
in New England. The company basically looks for areas where young
professionals can live in a health oriented atmosphere and enjoy apartment
living with amenities. Fifty three percent of the land area is left as
open space. Mr. Lokey offered brochures to residents adjacent to the
Gateway development area so that they could see first hand the type of
apartments that are proposed for the area. There will be a clubhouse and
swimming pool including an indoor and outdoor jacuzzi. An exercise room
and raquetball court are also proposed. The building will be approximately
6,000 square feet and will also house the leasing and management office.
Rental rates range from $470 to $735 per month. The apartments vary in
size from 486 to 1110 square feet with the average being 700 square feet
in size.
Mr. Williams asked how long these projects typically remain apartments
before they are converted to condos. Mr. Lokey stated that they had never
converted one of their projects, but that the standard is about 10 to 15
years as apartments. Mr. Williams further asked how the composition of
tenants is projected. Mr. Lokey responded that it would be attractive to
young professionals, married and unmarried, typically without children.
Tracy Cross, resident of 619 York Lane, and a representative of the
development task force committee for Silver Oaks homeowner's association,
MINUTES OF THE OCTOBER 22, 1986 MEETING 353
read a statement prepared by this committee. Their concerns include traffic,
especially in the Silver Oaks subdivision where there is already an existing
problem with people failing to slow their vehicles appropriately for the
number of children in the subdivision. The committee is also concerned
with the timeframe for the cul-de-sac - on Sycolin Road. The committee
also requested that the town require all roads to be completed and ap-
proved before occupancy of the apartments and lastly aired concern over
parking. At least two parking spaces per apartment should be allotted.
Another concern is the hill area and the type of vegetation proposed for
it. If this is not properly landscaped, it will be a definite eyesore.
Charles Smith,president of the Virginia Knolls homeowner's associa-
tion, stated that he was impressed with the proposed apartment complex,
but also had concerns of how traffic will impact the present Brandon
townhouse development. He also wanted to make sure that the appearance of
the project is not contingent on the special exception, and had some
parking concerns.
T Fred Hetzel, partial owner of this project, addressed some of the
CD questions raised by Mr. Smith and Ms. Cross. The traffic pattern is being
N addressed as carefully as possible, both during the construction phase and
N the final phase of the area. Several improvements to Sycolin Road and
W Rockbridge Drive have already been implemented by the developer. The hill
CO area will be designed and engineered very carefully to provide an
Q aesthetically pleasing buffer. The Harrison Street traffic is a great
concern to the developer. Several studies have been completed on this and
, the land use in specific areas of the development will impact this concern.
Since there were no further comments from the public, the public
hearing was closed at this point and referred to the Council for comment.
IOn a motion by Brian Kelley and seconded by Jerry Pelkey, it was
t recommended that this special exception be referred to the Finance and
Administration Committee scheduled for November 4, 1986 for further
consideration.
! Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
i
There was a five minute recess at this point.
The meeting was called back to order by Mayor Sevila, who introduced
Patricia Elsea of the Downtown Business Association who wished to give a
report on the status of First Night Leesburg.
1 Patricia Elsea of the Downtown Business Association and chairperson
for the new event, First Night Leesburg, to be held on New Year's Eve,
thanked the Council for their support of this project. There will be
1
ongoing events all over downtown Leesburg such as music, dancing, juggling,
. etc. She did request that the downtown area be closed off as it is during
August Court Days and also asked to use of the Town Council Chambers for an
activity that evening. Mr. Minor suggested that the traffic situation be
addressed at the next Utility and Public Works Committee meeting.
COUNCILMEMBER COMMENTS
Mr. Bos remarked that many Downtown Business Association members have
put a lot of time into the First Night Leesburg project. The Board of
Architectural Review met last Monday and considered four applications for
building alterations, two of which passed, and one of which was not
considered as an appropriate alteration for the historic district, and passed
four sign applications. He attended a Planning Commissioner's Conference
in Natural Bridge a week and a half ago. Mr. Bos stated that this was an
excellent opportunity for Commissioner's to gain first hand information
that could be helpful in their job execution.
Mr. Williams asked Mr. Bos if the street lights had been repaired yet
in the King Street, Market Street area. Mr. Bos stated that two had not
354 MINUTES OF THE OCTOBER 22, 1986 MEETING
yet been repaired. The Parks and Recreation Committee met last week and
basically still is in the process of analyzing the survey results compiled
recently. Generally the order of priorities of the citizens has been
recognized and it will now be the responsibility of this Committee to
address these priorities.
Mr. Pelkey reported that the Airport Commission met on the 9th of
October and discussed the microwave pole at the Virginia Power tract.
Since the height of the pole has been reduced, it is not the concern that
it initially was. The south end lease was also discussed.
Mr. Curry attended last Thursday's Planning Commission meeting, at
which they considered rezoning ZM-78, Market Square Associates, for the old
stockyard area. The Planning Commission approved this rezoning and also a
special exception relating to it.
Mayor Sevila announced that there would be a public hearing held by
the Virginia Department of Highways and Transportation on November 13 at
the Fairfax City Hall. This will address the .allocation of, funds for the
primary and urban systems in Northern Virginia. He asked if Council. would
adopt .some .formal comments to be presented at this public hearing.
Regarding the Cable Commission meeting, he received word that there
will be an increase in the basic rate from $10.44 to $12.45 per month.
Beginning January 1 there will be two new channels available.
Mayor Sevila then read a letter from the Governor. regarding the
Commission on road improvements within the state.
MANAGER'S REPORT
A written Activity Report was received by Council on Monday and the
Town Manager opened the floor to any questions regarding the report. There
were no questions and the meeting continued on to Legislation.
LEGISLATION
On a motion by Mr. Kelley and seconded by Mr. Tolbert, it was
recommended that the following ordinances and resolutions be adopted as
consent items:
86-0-47 - ORDINANCE - AMENDING .CHAPTER 12.1, ARTICLE 21 OF THE TOWN CODE
(ARTICLE 21 OF THE PERSONNEL MANUAL) TO COMPLY WITH
STATE GRIEVANCE PROCEDURE POLICIES
ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Section 12.1-53(a) is amended as follows:
Sec. 12.1-53. Intent and Application
(a) For the purposes of this grievance procedure, a grievance shall
be construed as a complaint or dispute by an employee relating to his or
her employment, including, but not necessarily limited to: (1) disciplin-
ary actions involving dismissals, demotions, and suspensions provided that
dismissals shall be grievable whenever resulting from formal discipline or
unsatisfactory job performance; (2) concerns regarding the application,
meaning or interpretation of these personnel policies, procedures, rules,
regulations, ordinances and statutes; (3) acts of reprisal as the result
of utilization of the grievance procedure or participation in the grievance
of another town employee; (4) complaints of discrimination on the basis of
race, color, creed, sex, handicap, age, national origin or political
affiliation; and (5) reprisal on the part of the town as a result of an
employee's participation in the grievance of another employee.
SECTION II. Section 12.1-55(d) (2) is amended to read as follows:
MINUTES OF THE OCTOBER 22, 1986 MEETING 355
(d) Powers
(1) The panel is vested with the responsibility and authority to
interpret the application of these rules as they relate to each
specific case before them. However, it is not empowered to
change said rules.
(2) The majority decision of the panel shall be final and
binding in all of its determinations and shall be consistent with
the provisions of law and written policies. The manager shall
enforce all decisions of the panel and the grievant may petition
the circuit court for implementation of the panel's decision if
the manager fails to act on the panel's decision.
SECTION III. All prior ordinances and resolutions in conflict
herewith are repealed.
SECTION IV. This ordinance shall be in effect passage.
upon its e.
P P 4
0) 86-0-48 - ORDINANCE - RENAMING BRAXTON COURT WITHIN THE EXETER II
N CLUSTER SUBDIVISION TO FORBES COURT, N.E.
N
W WHEREAS, the street named Braxton Court within the Exeter II Cluster
ry:1 Subdivision duplicates a street name elsewhere in Loudoun County, which may
cause a problem in the delivery of fire and rescue services; and
WHEREAS, it is in the public interest to rename this street effective
January 1, 1987, to avoid legal problems with house sales on the street:
ORDAINED by the Council of the town of Leesburg in Virginia as
follows:
SECTION I. Braxton Court within the Exeter II Cluster Subdivision is
' renamed Forbes Court.
SECTION II. This ordinance shall be in effect January 1, 1987. "
ad 6
86-221 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF CHARLES
B. DELASHMUTT AND ANN ENGLE FOR REVISION OF THE
ZONING DISTRICT MAP TO THE PLANNING COMMISSION
FOR PUBLIC HEARING PURSUANT TO CHAPTER 11, 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 Charles B. DeLashmutt and Ann Engle for revision of
the zoning district map, assigned No. ZM-82 to rezone 7.59 acres of land
from County R-1 and Town R-2 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.
86-221 - RESOLUTION - AUTHORIZING A TWO-YEAR LEASE EXTENSION FOR THE
POLICE DEPARTMENT'S SUBSTATION
WHEREAS, the Town of Leesburg's lease of Unit 5, Building 1 of the
Leesburg Square Condominiums, dated December 6, 1983, expires on January
31, 1987; and
WHEREAS, this lease provides for a two-year renewal option subject to
written notice three months prior to the expiration of the original term;
and
WHEREAS, this facility adequately serves the public safety needs of
the citizens of Leesburg at a reasonable cost:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
356 MINUTES OF THE OCTOBER 22, 1986 MEETING •
The manager is authorized and directed to notify the owner of Unit 5,
Building 1 of Leesburg Square Condominiums that the Town of Leesburg shall
exercise its option for lease of the police substation for an additional
two-year period pursuant to Paragraph 2 of the lease by and between F&B
Joint Venture and the Town of Leesburg dated December 6, 1983.
86-222 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO PURCHASE A
TRACTOR AND A GARDEN TRACTOR
WHEREAS, bids were requested for the purchase of a tractor and a
garden tractor; and
WHEREAS, the lowest and best bid was by Whitmore & Arnold of
Purcellville, Virginia:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Town Manager shall purchase a tractor and a garden
tractor from Whitmore & Arnold of Purcellville, Virginia for an amount not
to exceed $15,389.00.
86-223 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO PURCHASE A DUMP
TRUCK, TWO ONE-HALF TON PICK-UP TRUCKS AND A COMPACT •
TRUCK
WHEREAS, bids were requested for the purchase of a dump truck, two
one-half ton pick-up trucks and a compact truck; and
WHEREAS, the lowest and best bid was by Leesburg Ford of Leesburg,
Virginia:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Town Manager shall purchase a dump truck, two one-half
ton pick-up trucks and a compact truck from Leesburg Ford of Leesburg,
Virginia for an amount not to exceed $62,098.60.
86-224 - RESOLUTIONS- MAKING AN APPROPRIATION FOR THE PROCUREMENT OF
FILING CABINETS
WHEREAS, the town is responsible for maintaining property files on all
properties located within the town limits; and
WHEREAS, the present filing system is insufficient to accommodate
additional files required to maintain this system on a current basis:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
An appropriation is made from the General Fund unappropriated balance
of $1,400 to Account No. 200.8101.700.020, Office Equipment, for the fiscal
year ending June 30, 1987, for the purchase of two lateral file cabinets.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
86-0-49 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING
LANDSCAPING, SCREENING, AND OPEN SPACE REGULATIONS
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
ordinance was proposed and adopted:
WHEREAS, an amendment of the Leesburg Zoning Ordinance to establish
new landscaping, screening, and open space regulations within the Leesburg
corporate limits was initiated by Council on June 11, 1986; and
357
MINUTES OF THE OCTOBER 22, 1986 MEETING
WHEREAS, the Leesburg Planning Commission held a public hearing on
these proposed regulations on August 7, 1986; and
WHEREAS, the Planning Commission recommended adoption of these
regulations on August 7, 1986; and
WHEREAS, the Council held a public hearing on these regulations on
September 24, 1986; and
WHEREAS, the public necessity, convenience, general welfare and good
zoning practice require the adoption of consolidated and revised
landscaping, screening and open space regulations to apply within the
corporate limits of Leesburg:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
T SECTION I. The Leeburg Zoning Ordinance is hereby amended by adopting
0) a revised Article 9A: Landscaping, Screening and Open Space Regulations as
N contained in the text under this title submitted to Council October 17,
N 1986 subject to an amendment of Section 9A-6.
WSECTION II. The prior Article 9A of the Leesburg Zoning Ordinance,
COW Article 7, Section 700.5.6.1(g) of the Loudoun County Zoning Ordinance, as
Q adopted and administered by the Town of Leesburg in the annexation area,
and all other prior ordinances in conflict herewith are hereby repealed.
SECTION. III. 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
provision of the Article.
SECTION IV. This ordinance shall be in effect upon its passage.
Mr. Curry questioned the fact that these new regulations would require
a certain amount of landscaping in R-1 and R-2 districts, single family
residential, and he felt that most homeowner's do their own individual
landscaping and should not be required to do it to conform to a regulation.
He would like to see the R-1 and R-2 requirement removed.
Mr. Bos thought that this should be passed on a trial basis for a year
and if after that time it causes problems for developers or homeowners then
it should be revised. He felt that the R-1 and R-2 requirement should be left
intact.
Mr. Pelkey said that he agreed with Mr. Curry that this should be
removed as it would be a counterproductive requirement. He stated that
most people buying homes in Leesburg are willing to, and do provide adequate
landscaping.
Martha Semmes was asked to state the purpose for this regulation. She
said that it was enacted to provide trees along public rights-of-way. Tree
lined streets are an amenity and are worth at least a trial period. This
would assure that trees are planted properly and that the proper species of
tree is- chosen.
•
Mr. Williams suggested that this be referred back to committee for
further consideration.
It was stated that this was becoming somewhat urgent and it would be
better to delete the R-1 and R-2 requirement than to reconsider the entire
set of regulations.
Mayor Sevila said that much input will be received from the
development community over the next year or so and the regulations can be
modified appropriately if necessary.
Mr. Kelley stated that most developers now provide an amenities
package for homeowners' landscaping of their property. Many people opt to
do this and this relates directly to the R-1 and R-2 regulation.
358
MINUTES OF THE OCTOBER 22, 1986 MEETING
On a motion by Mr. Pelkey and seconded by Mr. Kelley, the following
amendment to this ordinance was proposed and adopted 'by aVote of 5 to 2:
In Section 9A-6, sentence 2 should read as follows: "This requirement
shall apply to all zoning districts except single family detached residen-
tial districts. "
Aye: Councilmembers Curry, Kelley, Pelkey, Tolbert and Vice-Mayor
Williams
Nay: Councilmember Bos and Mayor Sevila
The vote on the ordinance with the amendment previously adopted was as
follows:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
86-0-50 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING
OFF-STREET PARKING AND LOADING REGULATIONS
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
ordinance was proposed and adopted:
WHEREAS, an amendment of the Leesburg Zoning Ordinance to establish
new off-street parking and loading regulations within the Leesburg
corporate limits was initiated by Council on June 11, 1986; and
WHEREAS, the Leesburg Planning Commission held a public hearing on
these proposed regulations on August 7, 1986; and
WHEREAS, the Planning Commission recommended adoption of these
regulations on August 7, 1986; and
WHEREAS, the Council held a public hearing on these regulations on
September 24, 1986; and
WHEREAS, the public necessity, convenience, general welfare and good
zoning practice require the adoption of consolidated and revised off-street
parking and loading regulations to apply within the corporate limits of
Leesburg:
4
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is hereby amended by
adopting a new Article 2A: Off-Street Parking and Loading Requirements, as
contained in the text under this title submitted to Council October 17,
1986.
SECTION II. The prior Section 2-7 of the Leesburg Zoning Ordinance,
Sections 525 through 528 of the Loudoun County Zoning Ordinance, as adopted
and administered by the Town of Leesburg in the annexation area, and all
other prior ordinances in conflict herewith are hereby repealed.
SECTION III. 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
provision of the Article.
SECTION IV. This ordinance shall be in effect upon its passage.
Mr. Curry had some concern about the number of parking units per
dwelling unit under this new regulation, especially as this pertains to
elderly housing parking regulations.
MINUTES OF THE OCTOBER 22, 1986 MEETING 359
Martha Semmes briefly explained how they had arrived at the standard
that Leesburg wishes to apply to this.
Mr. Minor felt that Leesburg's standards exceed -those standards of the
jurisdictions that were surveyed.
Mr. Curry felt that the current proposed number is adequate if they
add one space per employee of the facility.
It was recommended that the language "plus one space per employee" be
added to Section 2A-8, Paragraphs 5 and 6.
Following some further general discussion on parking requirements the
vote on .this ordinance was:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
/T Nay: None
Vl VJ 86-225 - RESOLUTION - APPROVING SPECIAL EXCEPTION APPLICATION #86-5 BY
N VIRGINIA POWER FOR LOCATION OF A PUBLIC UTILITY
W FACILITY IN THE PD-IP ZONING DISTRICT
QOn a motion by Mr. Williams and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS, Virginia power on July 14, 1986, filed a special exception
application to locate a public utility facility within the PD-IP zoning
district on 14.5 acres of land on the east side of Route 643 near the
Leesburg Municipal Airport; and
WHEREAS, the Planning Commission on August 7, 1986, recommended to
Council approval of this special exception application; and
WHEREAS, the Council on September 24, 1986, held a public hearing on
this application pursuant to Section 15.1-431 of the Code of Virginia, as
amended; and
WHEREAS, the existing zoning regulations and proffered conditions
relating to screening will adequately protect the public from views of
the outdoor storage associated with the proposed use; and
WHEREAS, the applicant has agreed to limit the size of the proposed
microwave pole to 85 feet and to revise the architectural details of the
proposed office building to replace the mansard roof with a brick paraphet
treatment:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Special exception Application #86-5 by Virginia Power to locate a
public utility facility in a PD-IP zoning district on a 14.5 acre parcel of
land located on the east side of Route 643 and bounded by the lands of
Shreve on the north, Santmyer estate on the east, Richlynn Development,
Inc., and Santmyer Estate on the south and Route 643 on the west is
approved subject to the following conditions deemed necessary to protect
nearby properties and the public interest.
1. The proposed microwave pole shall be located generally in the
location shown on the concept plan submitted by Virginia Power
dated August, 1986, and shall be limited to 85 feet in height;
and
2. The architectural details of the proposed office building shall
include a brick facade and paraphet roof treatment as illustrated
in revised architectural drawings submitted by Virginia Power on
October 22, 1986.
360 MINUTES OF THE OCTOBER 22, 1986 MEETING
Harold Crowder one of the architects for the project, explained
with the help of visual aids, what the proposed design of the building is.
Several changes had to be made to original designs, however, they are not
of major aesthetic significance.
The only change made in the resolution was the deletion of the word
it
"brick" before the word "paraphet".
Several Councilmembers stated their appreciation to Virginia Power for
the efforts they made to accommodate the special exception process.
The vote was as follows:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
86-226 - RESOLUTION - AUTHORIZING A PERMIT FOR THE LEESBURG BICYCLE
CLASSIC TO BE HELD ON MAY 2, 1987
On a motion by Mr. Tolbert and seconded by. Mr. Bos, the following
resolution was proposed and unanimously adopted:
WHEREAS, a request has been submitted by the Leesburg Bicycle Classic
Committee and the Loudoun County Chamber of Commerce for the Town of
Leesburg to assist in sponsoring an annual bicycle racing event in Leesburg
with the inaugural race to take place on Saturday, May 2, 1987; and
WHEREAS, this Council recognizes the importance of the Northern
Virginia Regional Park Authority bicycle and pedestrian trail through
Leesburg as an excellent facility to promote tourism, commerce and
recreation in Leesburg; and .
WHEREAS, the FY 1987 budget includes an appropriation in the amount of
$4,000 for two Leesburg bicycle classics; and
WHEREAS, the first classic orginally scheduled for August 24, 1986,
was cancelled due to lack of funding; and
WHEREAS, Council Resolution No. 86-68 evidences this Council support
for the Leesburg bicycle classic as an annual event;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized to issue a permit under
Paragraph 10-13 of the Town Code to the Leesburg Bicycle Classic Committee
for a bicycle racing event in Leesburg on Saturday, May 2, 1987, and is
further authorized to close and/or partially close South Harrison Street,
Catoctin Circle, South King Street between Catoctin Circle and Loudoun
Street and Loudoun Street between King and Harrison for this event, with
specific routes, lane closings, and hours of closing to be determined by
the manager and Chief of Police.
SECTION II. The permit may contain reasonable and appropriate
conditions as determined necessary by the manager and shall require the
town to be named as an additional insured under a one-million dollar
public liability insurance policy to be secured by the Leesburg Bicycle
Classic Committee or the Loudoun County Chamber of Commerce.
SECTION III. The manager is directed to make a contribution on behalf
of the town in the amount of $3,000 to assist the committee with the cost of
advertising, prizes and other expenses in connection with the Leesburg
Bicycle 'Classic: The check shall be submitted to the committee upon
receipt of an invoice and shall be paid back to the Town of Leesburg if the
race does not take place during the current fiscal year.
361
MINUTES OF THE OCTOBER 22, 1986 MEETING
Following some discussion in which the amount to be appropriated was
questioned because of some prior confusion regarding the number of events,
the vote on this was as follows:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila Le-1")
Nay: None �tiea
86-226 - RESOLUTION - AUTHORIZING THE CLOSING OF ROUTE 654 FOLLOWING
NOTICE TO AFFECTED PROPERTY OWNERS
On a motion by Mr. Williams and seconded by Mr. Kelley, the following
resolution was proposed and unanimously adopted: - +,
WHEREAS, the Town Plan, Annexation Area Development Policies and VDH&T
Route 7 corridor study all call for the closing of Route 654 at the
Tuscarora Creek Bridge; and
WHEREAS, Brownell, Inc., by letter dated September 23, 1986, has
offered to construct cul-de-sacs to accomplish this closing and to provide
1i adequate turnaround for vehicular traffic; and
WHEREAS, the portion of Route 654 closed to vehicular traffic will be
available for pedestrian and bicycle use:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is directed to notify by letter all owners of
property along both sides of Route 654 between Route 7 and Route 643 of the
Council's intention to have constructed cul-de-sacs and to permanently
I
close the Tuscarora Creek Bridge on Route 654 to vehicular traffic.
SECTION II. Brownell, Inc. is authorized to construct a 30-foot
radius gravel surfaced cul-de-sac on Route 654 immediately north of the
Tuscarora Creek bridge and is further authorized to construct a paved 45-
foot radius cul-de-sac with a 50-foot right-of-way 0.18 miles south of the
Tuscarora Creek bridge, exact locations to be determined by the Director of
Engineering and Public Works. The paved cul-de-sac shall meet town street
construction standards. Engineering drawings shall be limited -to the
minimum required to appropriately locate and construct the cul-de-sacs. ,
Bonding of the facilities shall not be required unless the paved cul-de-sac
is part of an approved proffered zoning condition.
SECTION I-II. Work to construct the cul-de-sacs at the aforementioned
locations -shall not take placeuntilafter November 10, 1986, to permit a
reasonable comment period for property owners along the road. Route 654
between the two cul-de-sacs shall be closed to vehicular traffic pursuant
to Paragraph 15.1-889 of the 1950 Code of Virginia, as amended.
Mr.- Bos questioned the amount of time originally provided for the
comment period and it was the general consensus of everyone that it be
extended by at least ten days. This would provide more adequate response
time and if, for some reason, strong opposition was present, reconsider-
ation of this project would be feasible. This, however, is not projected
because of the small number of landowners affected.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
Mayor Sevila requested that- Vice Mayor Williams chair the discussion
and adoption of the following resolution.
362
MINUTES OF THE OCTOBER 22, 1986 MEETINP
86-228 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE SYCOLIN PARTNER-
' SHIP FOR REIMBURSEMENT `OF COSTS FOR INSTALLATION AND
OVERSIZING 'OF WATERLINES IN THE LEESBURG GATEWAY
SUBDIVISION
On a motion by Mr. Tolbert and seconded by-Mr. Kelley, the following
resolution was proposed and adopted:
WHEREAS, the firm of Camp, Dresser & McKee is currently designing a
16-inch waterline extension generally along Rt. 643 south to the fire and
rescue training center on land owned by.Loudoun County; and
WHEREAS, the construction of this line will require a connection to
the waterline- system currently'under construction to serve`the Leesburg
Gateway Subdivision; and
WHEREAS, the Leesburg Gateway Subdivision only requires service from a
12-inch waterline; and
WHEREAS, the town's water master plan calls for the installation of a
16-inch main along the southern boundary of the Leesburg Gateway
Subdivision and eventually connecting to a watermain on Route 7; and
WHEREAS, the Sycolin Partnership, owners and developers of the
Leesburg Gateway Subdivision, has agreed to construct the 16-inch line
along their property subject to reimbursement from the town for the cost
differential between a 12-inch waterline and 16-inch waterline and the cost
of the waterline extension to accommodate the eventual loop; and
WHEREAS, the Director of Engineering and Public Works has certified
that the cost estimates submitted for the additional design and
construction are reasonable and 'accurate;" and
WHEREAS, adequate appropriations exist in the Utility Fund for the
fiscal year ending June 30, 1986 to finance this project:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized to execute a 'contract with the
Sycolin Partnership in a form approved by the town 'attorney providing for
oversizing of the waterline from a 12-inch line to a 16-inch waterline at
an additional cost of $21,941.30 and the installation of an additional 900-
feet of 16-inch waterline at a cost of $74,250.
SECTION II. Payment to the Sycolin Partnership shall be made monthly
based on approved work less ten percent'retainage to be paid at the time of
completion and acceptance of the project by the Director of Engineering and
Public Works.
SECTION III. The manager is authorized and directed to execute a
standard purchase order with Bengtson, DeBell, Elkin & Titus for the design
of the oversizing and the 16-inch watermain extension at a cost of $3,350.
Mr. Minor explained that this would authorize a contract, which has
not yet been prepared, for the' completion of-this work. Staff is 'hopeful
that this is acceptable to the Sycolin`Partnership since it represents
substantial savings to the town.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-
Mayor Williams
Abstain: Mayor Sevila
86-229 - RESOLUTION - AUTHORIZING A CONTRACT WITH CAMP, DRESSER AND MCKEE
FOR PREPARATION OF THE STORMWATER MASTER PLAN
On a motion by Mr. Tolbert and seconded by Mr. Bos, the following
resolution was proposed and adopted:
MINUTES OF THE OCTOBER 22, 1986 MEETING
363
WHEREAS, the Town of Leesburg received proposals on August 15, 1986
from consulting engineering firms to provide engineering services and
prepare- a stormwater master plan for the Town of Leesburg; and
•
WHEREAS, the selection committee interviewed the three highest ranked
firms in accordance with Section 8-3 of the purchasing regulations; and
WHEREAS, the selection committee ranked Camp, Dresser and McKee as the
highest rated firm and has concluded' contract negotiations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized and directed to enter into a •
contract, on behalf of the Town with Camp, Dresser & McKee in an amount not
to exceed $75,000.00 for the preparation of the Stormwater Master Plan.
SECTION II. An appropriation is made from the General Fund unappro-
mpriated balance in the amount of $35,000.00 to account No. 200.4103.300.020
T for the fiscal year ending June 30, 1987.
N Mr. Kelley stated that he was pleased with the selection of Camp,
W Dresser and McKee because of their past very good record of service to the
CO town.
Q Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
86-230 - RESOLUTION - AUTHORIZING A 'CHANGE ORDER TO THE CATOCTIN CIRCLE
PROJECT TO PROVIDE A RIGHT-TURN LANE ON MARKET STREET
On a motion by Mr. Bos and seconded by Mr. Williams, the following
resolution was proposed and adopted: •
WHEREAS, the Town of Leesburg, John A. Wallace and Aaron Paulson, and
Clarence and Dorothy Jewell, entered into an agreement on August 30, 1985,
to provide for exchange of land, a cash contribution and participation
among the parties in the construction of an approximately 781 foot north
extension of Catoctin Circle at its intersection with Market Street; and
WHEREAS, the final design of the new intersection will result in two
left-turn lanes on Market Street to accommodate traffic heading south onto
Catoctin Circle; and
WHEREAS, the aforementioned three-party agreement did not anticipate
the additional left-turn on Market Street nor the resulting need for a
right-turn lane on Market Street to service Catoctin Circle north
extension; and
WHEREAS, Gorove/Slade Associates, Inc. submitted an August 15, 1986,
traffic study which confirms that East Market Street will operate at a
level of service E in the P.M. peak hours if a right-turn lane is not
constructed for the Catoctin Circle north extension; and
WHEREAS, the Town's engineering consultant, Patton, Harris, Rust and
Associates has submitted an engineer's estimate in the amount of $46,000
for the construction of the right-turn lane on Catoctin Circle; and
WHEREAS, this Council has concluded that the right-turn lane on East
Market Street to serve the Catoctin north extension will improve traffic
safety and the efficiency of East Market Street traffic flow:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
364
MINUTES OF THE OCTOBER 22, 1986 MEETING
SECTION I. The manager is authorized to execute a 'change order on
behalf of the town, with Merit Construction Associates, Inc. for the
construction of 'a right-turn 'lane on East Market Street in accordance with
plans and specifications prepared by Patton, Harris, Rust and Associates in
an amount not to exceed $55,000.
SECTION II. An appropriation is made from the General Fund to Account
No. 4102.700.097.200, Catoctin Circle Extension, in the amount of '$36,000
for the fiscal year ending June- 30, 1987.
Mr. Williams stated that this' is an important project and that it
should not be delayed. The other Councilmembers agreed.
Aye: Councilmembers Bos, Curry, Kelley,' Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
Mayor Sevila again asked that Vice Mayor Williams chair the proposal
and discussion of the following resolution.
86-231 - RESOLUTION - MAKING A REDUCTION'IN THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLATION FOR LEESBURG
GATEWAY, PHASE I
On a motion by Mr. Tolbert and seconded by Mr. Kelley, the following
resolution was proposed and adopted:
WHEREAS, the Town's Director of Engineering has reviewed the public
improvements installed to date in Leesburg Gateway, Phase I and certifies
that the value of work performed is $355,069; and
WHEREAS, a letter of credit from First American Bank in the amount of
$620,000 has been provided by the developer and' approved by Council to
guarantee installation of public improvements in Leesburg Gateway, Phase I.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The First American Bank letter of credit originally -in' the
amount of $620,000 is reduced to $264,931.
SECTION II. The manager shall notify the developer of Leesburg
Gateway, Phase I that liability for letter of credit funds has been reduced
as outlined in Section I of this resolution, and that this reduction does
not constitute acceptance of public improvements by the town or relieve the
developer of responsibilities outlined in the contract for public improve-
ments for Leesburg'Gateway, Phase I. " .
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice-
Mayor Williams
Abstain: Mayor Sevila
86-232 - RESOLUTION = AUTHORIZING AN AGREEMENT, APPROVING-A'PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS
FOR THE NEWGATE DEVELOPMENT
On a motion by Mr. Bos andsecondedby Mr. Kelley; the following
resolution was proposed and adopted:
RESOLVED, by the Council of the Town of Leesburg" in' Virginia as
follows:
SECTION I. The manager is authorized to execute on behalf of the Town
an agreement (Form PC-2) with Tedence, Inc. of Leesburg, Virginia, for
installation of public improvements shown on the plans approved by the
Director of Engineering for the Newgate Development.
MINUTES OF THE OCTOBER 22, 1986 MEETING • 3 6-5'
SECTION II. An irrevocable bank letter of credit in a form approved by
the town attorney from Farmers and Merchants National Bank of Virginia in
the amount of $20,000 is approved as security to guarantee installation of
the public improvements shown on plans approved by the Dir°ctor of
Engineering for the Newgate Development.
Mr. Minor statedthat construction drawings and bonding for this
project had not yet been approved, but staff feels that expediting this
project is in the best interest of the town.
Mr.. Kelley stated that he did not agree with the expedition of this
and that it should go through normal channels of approvals.
Mr. Minor said that the{e is a great difference between this project
and the Linden Hill project. )matters of bonding private streets in which
one developer said no, this developer said they are agreeable to all
requirements.
T Mayor Sevila asked Mr. Mason, the Town's Director of Engineering, if
CD the bond amount was sufficient to assure that public improvements are
(\I completed in compliance with town standards. Mr. Mason stated that he did
N feel because of the limited nature of the public improvements for this
W project, that the bond amount was adequate.
Q Aye: Councilmembers Bos, Curry, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: Councilmember Kelley
On a motion of Charles Williams and seconded by Jerry Pelkey, Council
voted unanimously to go into executive session to discuss appointments to
the Airport Commission and Planning Commission, personnel matters, sale of
I
real property and litigation pursuant to Paragraphs 2.1344(1), 2.1-344(2),
and 2.1-344(6), respectively of the 1950 Code of Virginia, as amended, and
that the Town Manager, Assistant Town Manager, Director of Engineering and
Public Works, Director of Planning, Zoning and Development and legal
counsel participate in this meeting. •
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams
and Mayor Sevila
Nay: None
The meeting was reconvened with no action taken.
NEW BUSINESS
86-233 - RESOLUTION - RESCHEDULING UTILITY AND PUBLIC WORKS COMMITTEE AND
FINANCE AND ADMINISTRATION COMMITTEE MEETINGS FOR
NOVEMBER 2, 1986
On a motion by Mr. Williams and seconded by Mr. Pelkey, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The regularly scheduled meeting of the Utility and Public Works
Committee and the Finance and Administration Committee for November 4, 1986
are rescheduled for November 3, 1986.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
366 MINUTES OF THE OCTOBER 22, 1986 MEETING
86-234 _RESOLUTION _'AUTHORIZING DEED TO JOHN T. HAAS, 'JR. ET UX
On a motion of Mr. Williams and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The Mayor is authorized to execute a deed in a form approved by the
Town Attorney, conveying to John F. Haas, Jr. et ux, 0.9816 acres for
a purchase price of $2,000.00
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
•
Mayor Sevila -
Nay: None
On a motion by Mr. Williams and seconded by Mr. Bos' it was recommended
that the meeting be adjourned.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert, Williams and
Mayor Sevila
Nay: None
Mayor
Clerk of C. ncil