HomeMy Public PortalAbout1986_11_12 368
MINUTES OF THE REGULAR MEETING OF LEESBURG TOWN COUNCIL, NOVEMBER 12, 1986
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW, Leesburg, Virginia on November 12, 1986 at
7:30 p.m. The meeting was called to order by Vice Mayor, Charles Williams
with the invocation given by Mr. Tolbert, followed by the Salute to the
Flag led by Mr. Bos. Present were Vice Mayor, Charles Williams, Council-
members Bos, Curry, Kelley, Pelkey and Tolbert. Mayor Sevila was absent.
Staff members present were Town Manager, Jeff Minor; Director of Finance,
Paul York; Director of Engineering and Public Works, Tom Mason; Director of
Planning, Zoning and Development, Martha Mason-Semmes and Deputy Town
Attorney, Debbie Welsh. Also present were Planning Commission members
Webb, Groschan, Jackson, Gheen, Belles and Curry.
On a motion by Mr. Tolbert and seconded by Mr. Bos, it was recommended
that the minutes of the June 11, 1986, June 25, 1986 and special meeting of
November 3, 1986 be approved as submitted.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
1
PETITIONERS .
The following proclamation was read by Vice Mayor Williams:
PROCLAMATION
WHEREAS, the Council of the Town of Leesburg is concerned with the
welfare and happiness of all Leesburg citizens; and
WHEREAS, the Loudoun United Way Campaign helps serve the needs of many
of its citizens directly through over 200 human care agencies and
contributes to a stronger and healthier community for all local residents; 111and
WHEREAS, during the month of November, the Loudoun United Way is
actively engaged in a fund-raising campaign to help meet the human-care
needs of our community:
THEREFORE, BE IT PROCLAIMED by the Council of the Town of Leesburg in
Virginia that the month of November, 1986 is
LOUDOUN UNITED WAY MONTH
and all its citizens are urged to give full support to this effort.
Next, the following Resolution of Respect was read into the record:
RESOLUTION OF RESPECT
WHEREAS, Edgar L. Coffey, Jr., former local Chesapeake and Potomac
Telephone Company supervisor and well-known resident of Leesburg, died at
Loudoun Memorial Hospital on October 28, 1986; and
WHEREAS, Mr. Coffey was active in various church, civic and service
organizations in Loudoun County and Leesburg; and
WHEREAS, Mr. Coffey served on the Council for the Town of Leesburg
from September 1982 through June 1984; and
WHEREAS, Mr. Coffey was Chairman of the Cable Television Advisory
Commission for the Town of Leesburg from June 1981 through September, 1983;
and
WHEREAS, Mr. Coffey served as a member of the Leesburg Town Plan Task
Force from March 1983 through June 1984:
THEREFORE, RESOLVED that the Mayor and members of the Council of the
Town of Leesburg do extend their sympathy to his family and to all who knew
him; and
38g
MINUTES OF THE NOVEMBER 12, 1986 MEETING
BE IT FURTHER RESOLVED that this Resolution of Respect be spread upon
the minutes of this meeting and that a copy be sent to his wife and
children.
JOINT PUBLIC HEARING WITH PLANNING COMMISSION ON ZONING ORDINANCE AMENDMENT
TO REQUIRE APPLICANTS FOR AMENDMENT TO SAID ORDINANCE, VARIANCE, SPECIAL
EXCEPTION OR CONDITIONAL USE PERMIT TO DISCLOSE EQUITABLE OWNERSHIP OF REAL
ESTATE TO BE AFFECTED
Vice Mayor Williams asked if there was a quorum of the Planning
Commission present. Chairman Webb responded that there was. The staff
report on this hearing was presented by Martha Semmes as follows: This
type of regulation has beed added to the Zoning Oidinances'of'mosi neigh-
boring jurisdictions in the past months. This would require any applicant
for variance, special exception or conditional use permit to disclose all
of the people who have an interest in a certain piece of property. Council
feels that it has the right to know who they are dealing with and who will
benefit from their decision in regard to zoning issues.
VJ
N Mr. Curry asked what the main reason behind this legislation was.
N Ms. Semmes stated that it was primarily for the purpose of informing
W everyone involved in the zoning process just who they are dealing with.
0:1 At this time the public hearing was closed since there was no one from
Q the public who wished to address the issue. It was referred to Council for
their comments.
On a motion by Mr. Bos and seconded by Mr. Tolbert it was recommended
that this issue be referred to the Planning Commission for further
consideration.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
AMENDMENT TO SUBDIVISION AND LAND DEVELOPMENT REGULATIONS REGARDING
VARIANCES
The staff report on thiswas given by M . Minor who' sated'that`.this
has been addressed by Council several months ago. In the past Council
relied on enabling legislation on addressing variances. Variances are not
required but have historically always been employed. Variances, if
allowed, must mirror the language of the State Code, and this is why this
legislation is being proposed. There will be many instances when variances
will enhance particular use of a parcel. It will also enable the Planning
Commission to have more say in the process, with the consultation of the
Director of Engineering and Public Works.
Mr. Kelley explained that this issue will now go on to the next
Finance and Administration committee meeting for further consideration. He
wanted to make sure that the public was aware of this.
Charles Smith,resident of 217 Shenandoah Street and president of the
Virginia Knolls Homeowner's Association, stated that they are concerned
with the reasons for the amendment. He felt that in the old legislation there
was more guidance provided for variances than in the new one. Several of
the terms used were of concern to him. He compared several "old" and "new"
paragraphs directly and stated his views on the differences. Mr. Smith
stated he felt that the legislation needs to be strong and that the
language should be altered to assure that it is not weakened.
Lawrence Brown, resident of 309 Ayr Street, NW, stated that many of
the things he wanted to cover had already been mentioned by Mr. Smith,
however, he did have additional comments. He felt that the proposed
changes make the ordinance easier to understand. A specific concern 'was
the removal of the wording "the character of the vicinity will'not'be
changed by granting a variance".
370 MINUTES OF THE NOVEMBER 12, 1986 MEETING
David Arnold, resident of 120 Woodberry Road, concurred with what had
been previously stated. One concern that he had was that the wording in
the ordinance in Section 15.1-466 was almost verbatim from the State,Code.
He felt that the generality of the wording would be detrimental to the
1 decision making process. He requested that this be carefully..reviewed by
the Finance and .Administration -Committee .to assure the rights of the -
neighboring residents. The fact that there may be discrepancies in
requests by a single landowner vs. requests by developers was a concern.
Mr. Curry explained that this was not likely to happen. The requirements
of the Zoning Ordinance would be the same for both.
Ted Roach, the resident of 314 Edwards Ferry Road, feels that the
change to the variance is a positive step. The fact that it defines more
clearly what can and cannot be done is helpful. He feels that either a
developer or a single landowner knows what portion of a property, is
developable and what is not. His concern is that a single landowner may be
unfairly denied a variance where a developer would be given the green
light.
The public hearing was closed at this point and referred to the
Council level for further comment.
Mr. Curry stated that it would have been helpful if more public
comment were received in the initial stages of the changes, to the
ordinance.
Mr. Pelkey moved that this be referred to the Finance and
Administration Committee for further consideration. The motion was
seconded by Mr. Kelley.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams.
Nay: None
Mr. Williams then asked the Chairman of the Planning Commission, Bill
Webb, when he felt the Commission could have a recommendation on this
ordinance. Mr. Webb stated that they would address this at their next
meeting. Mr. Williams stated that some letters had been received
concerning this ordinance from members of the public.
COUNCILMEMBER COMMENTS
Mr. Bos reported on the special meeting of the Board of Architectural
Review held on Monday, November 3.. At this meeting an application by
Messrs. Kelley and Winston for a house at North Street and North King
Street was approved. The Board also discussed general planning items.
Mr. Pelkey mentioned that a public hearing was scheduled for November
19 regarding the parking facility.
Mr. Curry attended the Planning Commission meeting. of November 6 and
reported that there were three public hearings that evening. They were in
reference to the Historic District, and the Stowers' tract concept plan.
The Commission approved a preliminary plat for Carnaby Square project with
some changes.
Mr. Kelley reported that the Economic Development and Advisory
Commission had some specific comments on the resolution regarding funding
of highway projects within the Town and also that the Commission had
addressed their goals for 1987.
Mr. Williams attended the Parks and Recreation Commission meeting.
He mentioned that the survey results were finally tabulated and
distributed. He informed the Council that Bennie Jackson had passed away.
Mr. Jackson had served on the Board of Zoning Appeals and participated in
town government for many years.
MINUTES OF THE NOVEMBER 12, 1986 MEETING 371
MANAGER'S REPORT
The Downtown Structure Analysis report was distributed to the Council.
This was prepared by Wilbur Smith and Associates. This is the subject of
next Wednesday's public hearing. This report is available to the public at
the town office. The report -states that there is currently a, 140 parking
space deficit in downtown Leesburg and there will be an over 300 space
deficit in five years. They do recommend a three level garage with
expansion possibilities. There should be a satellite lot on Liberty Street
which would serve as an alternate lot during construction and could be
converted to a long term lot in the future.
A water and sewer master plan RFP was developed by Randy Shoemaker.
The condemnation petition was filed regarding the Gateway project.
Over $2600 has been donated by Town Employees to the United Way.
TT .Steve Owen and Nancy Fixx spearheaded a very, successful effort in this.
CD Mr. Minor went on to give status reports on several projects that were
N ongoing around town such as the Route 643 waterline project, turn lanes on
N Edwards Ferry Road, etc.
W
ry� Mr. Bos asked what the time frame was for the traffic signal at the
Q intersection of Ft. Evans Road and Route 7. Mr. Minor stated that it would
be in by late spring.
At this point there was a five minute recess.
The meeting was called back to order by Vice Mayor Williams. At this
point Mr. Williams opened the meeting up for petitioners which he
inadvertently skipped earlier.
111PETITIONERS
-Tracy Cross a member of the development committee task force for
Silver Oaks Homeowners' Association, addressed the Council regarding a
letter received from Martha Mason-Semmes which covered points made at the
public hearing on October 27. The Association is disappointed that the
town staff will not delay occupancy of the proposed apartments until the
roads have been completed. There is an acute problem of unauthorized
traffic through the Silver Oaks subdivision already and if residents can
occupy the new apartments before there are roads or parking lots, where
will they park? The hill area in the Gateway development has improved and
the residents of Silver Oaks are pleased, but would like to be kept
apprised of future landscaping plans.
LEGISLATION
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
ordinances and resolutions were considered as consent items with a change
incorporated into Resolution 86-239, and adopted unanimously.
86-0-51 - ORDINANCE - AMENDING SECTION 10-171 OF THE TOWN CODE REGARDING
METER ZONES
ORDAINED-by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Section 10-17-l -of the -Town Code is amended to -read as .
follows:
Sec.10-171. Establishment of meter zones and parking time limits therein
Parking meter zones, with the following time limits for lawful
parking, are established as follows:
(1) West side of King Street, between Loudoun Street and North
Street, for two-hour parking at any one time.
372
MINUTES OF THE NOVEMBER 12, 1986 MEETING
(2) East side of King Street, between VEPCO right-of-way and 180 feet
south of Royal Street, for two-hour parking at any one time.
(3) South side of Market Street, between Church Street and Liberty
Street, for two-hour parking at any one time, except that the
' time limit for lawful parking shall be 15 minutes at any one
time in front of the post office on Market Street.
(4) Municipal parking area between Wirt Street, King Street, Loudoun
Street, and Market Street, for three-hour parking, except spaces
designated for permit-only parking, four 15 minute town office
visitor spaces, and 25 ten-hour meter spaces.
(5) East side of Church Street, between Edwards Ferry Road and
Cornwall street, for two-hour parking at any one time, except
spaces reserved for official cars of the state and town police
and the county sheriff's department.
(6) North side of Loudoun Street, between Wirt Street and Church
Street, for two-hour parking at any one time.
(7) Municipal parking area known as Vinegar Hill Parking Lot :between
Loudoun Street and South Harrison Street, for two-hour parking
at any one time.
(8) Municipal parking area known as South Harrison Street Parking Lot
between South Street and South Harrison Street, for two-hour
parking at any one time.
(9) East and west side of South Harrison Street, between Loudoun
Street and Depot Court, for two-hour parking at any one time.
(10) One space east side of South Harrison Street at southernmost
point of parking bay in front of 202 Harrison Street, SE, for
up to ten hour paid parking.
(11) South side of Loudoun Street, between East Market Street and
160 feet east of South Harrison Street, for three-hour parking
at-any one time.
SECTION II. This ordinance shall be in effect upon the installation
of appropriate parking meters.
86-0-52 - ORDINANCE - AMENDING SECTION 10-176 OF THE TOWN CODE REGARDING
CHARGES FOR PARKING AT METER SPACES
ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
T"
SECTION I. Section 10-176 of the Town Code, titled "Deposit of Coin;
Occupancy of Space, etc.", is heieby'amended''to-iead'as .follows:
Sec. 10-176. Deposit of Coin; Occupancy of Metered Space; etc.
(a) The owner or operator of a vehicle, upon entering a parking .meter
space marked as provided in this division with his vehicle, during the time
parking meters are in operation, as provided by Section 10-175, shall
immediately deposit a coin or combination of coins of the United States in
the parking meter situated at the side of the parking meter space so
entered and shall operate the parking meter according to the instructions
' thereon. Failure to comply with such requirements shall be unlawful.
(b) Upon the deposit of a five-cent coin, ten-cent coin or 25-cent
coin and placing the parking meter in operation, the parking meter space in
question may be lawfully occupied during the period of time prescribed on
the parking meter legend for the particular amount deposited.
MINUTES OF THE NOVEMBER 12, 1986 MEETING 373
(c) Parking meters located where two-hour or three-hour maximum
parking is permitted when properly operated shall be so adjusted that
initial or additional five-cent or ten-cent coins may be deposited at any
time throughout the two-hour or three-hour period, as long as the two-hour
or three-hour limit is not exceeded by any one vehicle occupying the same
space. The deposit of each five-cent coin shall permit the-vehicle to be
parked for a period of 7.5 minutes; and the deposit of each ten-cent coin
shall permit the vehicle to be parked for a period of 15 minutes; and the
deposit'of each twenty-five cent coin shallpermitthe vehicle to be parked
for a period of forty-five minutes.
(d) Parking meters located where ten-hour maximum parking is permitted
when properly operated shall be so adjusted that the deposit of each ten-
cent coin shall permit the vehicle to be parked for a period of thirty
minutes and the deposit of each twenty-five cent coin shall permit the
vehicle to be parked for a period of seventy-five minutes.
(e) Parking meters located where 30-minute maximum parking is
T permitted when properly operated shall be so adjusted that a deposit of a
V^ 'I five-cent coin shall permit the vehicle to be parked for a period of 15
l V minutes.
N
W (f) Parking meters located where 15-minute maximum parking is
CO permitted when properly operated shall be so adjusted that a deposit of a
Q five-cent coin shall permit the vehicle to be parked for a period of 15
minutes.
(g) It shall be unlawful for the operator of a vehicle to park such
vehicle; or to permit such vehicle to remain parked, during daylight hours,
except Saturday, . Sunday and national holidays, in areas .controlled by
parking meters on streets in the townorparking-lots operated by the town
for a period longer than the maximum time indicated on the meter from the
time the vehicle is so parked in any- such parking- meter zone.
SECTION II. This ordinance shall be in effect upon passage and all
ordinances and resolutions in conflict herewith are repealed.
86-235 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR #ZM-78 BY MARKET
SQUARE ASSOCIATES AND SPECIAL EXCEPTION #86-lA AND
1B ALSO BY MARKET SQUARE ASSOCIATES
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
A Notice of Public Hearing to consider the following shall be
published in the Loudoun Times Mirror.
1. Rezoning Application #ZM-78 by Market Square Associates.
2. Special Exception Application f1A and 1B by Market Square
Associates.
Notice of these public hearings shall be published in the Loudoun
Times Mirror on December 31, 1986, and January- S,, 1987; for public hearing
on January 14, 1987, at 7:30 p.m. in the Council Chambers, 10 Loudoun
Street, SW, Leesburg, Virginia.
86-236 - RESOLUTION - APPOINTING JERRY. PELKEY AS-THE COUNCIL'S REPRE-
' SENTATIVE ON THE CONSULTING ENGINEERING SERVICES
SELECTION TEAM FOR THE TOWN'S SOUTH RUNWAY EXTENSION
PROJECT
WHEREAS, a Request for Proposal has been issued to select a consulting
engineering firm for design and construction engineering services on the
South Runway Extension Project; and
WHEREAS, a member of the Town Council is required to serve on the
review committee to recommend a consulting engineering firm to the full
Council.
374 MINUTES OF THE NOVEMBER 12, 1986 MEETING
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows: '
Jerry Pelkey is appointed to serve as the Council representative on
the review committee to recommend a consulting engineering firm for the
South Runway Extension Project.
86-237 - RESOLUTION - AUTHORIZING THE ACQUISITION OF AN EASEMENT FOR THE
NORTH RUNWAY EXTENSION PROJECT AT LEESBURG MUNICIPAL
AIRPORT
WHEREAS, the North Runway Extension Project at Leesburg Municipal
Airport requires the acquisition of a 2.383-acre parcel of land• currently
owned by William L. Bryant, Trustee, upon which the extended taxiway will
be constructed; and
WHEREAS, a fee simple acquisition of this parcel as required by the
Federal Aviation Administration is pending; and
WHEREAS,' an easement agreement transmitted to Council on October 31,
1986, would allow construction activity to begin before fee simple
acquisition is accomplished:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized to negotiate and execute an easement
agreement similar to the aforementioned agreement transmitted to Council
on October 31, 1986, and approved by the Federal Aviation Administration,
for a 2.383 acre parcel of land owned by William L. Bryant, Trustee, as
required for the North Runway Extension Project.
86-238 - RESOLUTION - APPOINTING BRIAN T.' KELLEY AS THE COUNCIL'S REPRE-
SENTATIVE ON THE CONSULTANT SELECTION TEAM FOR THE
TOWN'S WATER AND'SEWER 'MASTER PLAN UPDATE
WHEREAS, a Request for Proposal has been issued to select a consultant
to prepare a water and sewer master plan for the expanded town; and
WHEREAS, a member of the Town Council is required to serve on the
review committee to recommend a consultant to the full Council.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in •Virginia
as follows:
Brian T. Kelley is appointed to serve as the Council representative on
the review committee to recommend a consultant to prepare a revised water
and sewer master plan for the Town of Leesburg.
86-239 - RESOLUTION - ACCEPTING AN EASEMENT FOR THE OPERATION AND MAIN-
TENANCE OF A TRAFFIC SIGNAL
WHEREAS, the Town of Leesburg has completed installation of a traffic
signal at the intersection of Catoctin Circle and Harrison Street; and
WHEREAS, additional right-of-way is required for the support pole on
the southeast corner of said intersection; and
WHEREAS, Harvest Square Associates has granted the necessary right-of-
way to the Town of Leesburg:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The easement herein referred to is accepted.
MINUTES OF THE NOVEMBER 12, 1986 MEETING 375
86-240 = RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE
BOND FOR THE SOUTHGATE II DEVELOPMENT PLAN
WHEREAS, the developer of the Southgate II development has completed
public improvements in accordance with town standards and specifications
and these have been inspected and approved:
I
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The irrevocable letter of credit in the amount of $60,190
from Sovran Bank is reduced to $3,000. A maintenance bond to be in effect
for a period of one year from this date in the amount of $3,000 is
approved.
SECTION II. This release is contingent upon delivery of as-built
drawings and a properly executed instrument conveying unto the town all
VJ
/ such improvements free of any liens or charges.
l V 86-241 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF
N EVERGREEN MILLS INVESTMENTS FOR REVISION OF THE
W ZONING DISTRICTMAP TO THE PLANNING COMMISSION FOR
CO PUBLIC HEARING UNDER CHAPTER 11 TITLE 15.1 OF THE
Q CODE OF VIRGINIA, AS AMENDED
•
RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
The application of Evergreen Mills Investments for revision of the
zoning district map, assigned No. ZM-83, to rezone 49.7 acres of land from
County R-1 to Town R-3, is received and referred to the Planning Commission
I
for public hearing and recommendation under Chapter 11, Title 15.1 of the
Code of Virginia, as amended.
86-242 - RESOLUTION - AUTHORIZING PAYMENT REQUEST NO. 15 TO R.F. KLINE,
INC. FOR WORK COMPLETED AT THE WASTEWATER TREAT-
MENT PLANT
WHEREAS, the contract for improvements at the Wastewater Treatment
Plant was awarded to Richard F. Kline, Inc; and
WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985 by
the Council of the Town of Leesburg provides: "the Council, at its option,
will require prior approval of all requisitions for payment under this
contract" ; and
WHEREAS, the contractor has submitted Payment Request No. 15 on
October 30, 1986 and Camp, Dresser and McKee has reviewed and approved this
request; and
WHEREAS, the Director of Engineering has recommended payment of
Payment Request No. 15 in the amount of $356,981.00.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
1 Payment in the amount of $356,981.00 ($375,770.00 less 5% retainage)
shall be made to R. F. Kline, Inc. for Payment Request No. 15 for the
Wastewater Treatment Plant Expansion Project.
86-243 - RESOLUTION - MAKING AN APPROPRIATION FOR THE PROCUREMENT OF A
WORDPROCESSING PRINTER FOR THE MANAGER'S OFFICE
WHEREAS, the General Fund budget for the fiscal year ending June 30,
1987, provides funding for wordprocessing equipment for use in the town
office building; and
WHEREAS, it has been determined there is a need for an additional
printer to be used for wordprocessing by the town manager's office:
E 376 MINUTES OF THE NOVEMBER 12, 1986 MEETING
THEREFORE, RESOLVED by the Council of the. Town of Leesburg in Virginia
as follows:
A supplemental appropriation of $5;000 is made from the General Fund
Unappropriated Fund Balance to General Fund Account No. 200.1214.700.070
for the fiscal year ending June 30, 1987.
86-244 - RESOLUTION - MAKING AN APPROPRIATION FOR ADDITIONAL PREMIUM FOR
GENERAL LIABILITY_INSURANCE COVERAGE _ _..
WHEREAS, the General Fund budget for the fiscal year ending June 30,
1987, provides _funding of $48,500 for General,Liability insurance premiums;
and
WHEREAS, the rerating and renewal premium for this coverage will be
$55,436.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A supplemental appropriation of $6,936 is made, from the General, Fund
Unappropriated Fund Balance. to General Fund Account No. 200.1214.530.080 •
for the fiscal year ending June 30, 1987.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
Absent: Mayor Sevila
86-0-53 - ORDINANCE - AMENDING SECTION 10-131 OF THE TOWN CODE
On a motion by Mr. Kelley, and seconded by Mr. Curry, the following
ordinance was proposed and unanimously adopted:
WHEREAS, an engineering and traffic investigation has been conducted
by the town which substantiates the need to adjust speed limits on East
Market Street:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 10-131 of the Town Code is amended to read as
follows: - . .
Sec. 10-131. Speed Limits
The ,maximum speed limits on streets within town shall be 25 miles per
hour, or as prescribed in this section, and no person shall drive a motor
vehicle in excess of such maximum limits. Upon the following streets
within the town, between the points hereinafter indicated, the maximum
speed limit shall be the speed hereinafter indicated and no person ,shall
drive a motor vehicle between such points in excess of such maximum speed
limit:
(a) King Street: 55 miles per hour from Balls Bluff Road to 500 feet
north of the 1983 corporate limits.
(b) King Street: 35 miles per hour from 500 feet north of the 1983
corporate limits.
(c) King Street: 35milesper-hour. from First Street to 300 feet
south of Country Club Drive.
(d) King Street: 45 miles per hour from 300 feet south of.Country
Club Drive to the south corporate limits.
(e) Edwards Ferry Road: 35 miles per hour from Plaza Street to the
east corporate limits.
377
MINUTES OF THE NOVEMBER 12, 1986 MEETING
(f) Market Street: 55 miles per hour from the east corporate limits
to 600 feet east of Lawson Road .
(g) Market Street: 45 miles per hour from 600 feet east of Lawson
Road to Route 15 bypass (north entrance)
(h) Market Street: 35 miles per hour from Route 15 bypass (north
entrance) to 1000 feet east of Fort Evans Road.
(i) Evergreen Mill Road: 35 miles per hour.
( •) Masons Lane: 35 milesper hour from ou South King Street to
Evergreen Mill Road.
(k) Long Lane: 35 miles per hour from Evergreen Mill Road to 1000
feet east of Evergreen Mill Road intersection.
(1) Long Lane: 45 miles per hour from 1000 feet east of Evergreen
CD Mill Road intersection to Sycolin Road.
(m) Lawson Road: 35 miles per hour from Sycolin Road to 1200 feet
wM east of Sycolin Road.
(n) Sycolin Road: 45 miles per hour from the Route 15 bypass to the
Q south corporate limits.
(o) Route 15 and Route 7 bypass: 55 miles per hour exclusive of
access ramps.
SECTION II. The manager shall clearly indicate by markers or signs
the maximum speed limits established by this ordinance. •
SECTION III. All prior ordinances and resolutions in conflict
herewith are repealed.
SECTION IV. This ordinance shall be effective upon the placement of
appropriate signs and markers indicating the maximum speed limits
established herein.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
Absent: Mayor Sevila
86-0-54 - ORDINANCE - AMENDING THE ZONING MAP FOR #ZM-73 - WOODROW W.
TURNER AND SHERRY S. WILSON, TRUSTEES
Vice Mayor Williams requested that Mr. Minor do an overview of this to
review, what has transpired. The rezoning of this property will make it
town R-1 and the proffers reflect no change to the number of lots, the
developer would make improvements on Lawson Road fronting the lots and will
cul-de-sac it, a $500 per lot contribution will be made for road improve-
ments to Lawson Road, a parcel will be set aside for park dedication, and
public utilities will be provided.
On a motion by Mr. Pelkey and seconded by Mr. Tolbert the following
resolution was proposed and unanimously adopted:
•
WHEREAS, Rezoning Application #ZM-73 by Woodrow W. Turner and Sherry
S. Wilson, Trustees, was initiated and referred to the Planning Commission
on January 8, 1986; and
WHEREAS, the Planning Commission held a public hearing on this
application on February 6, 1986;- and
378
MINUTES OF THE NOVEMBER 12, 1986 MEETING
WHEREAS, the Planning Commission on June 19, 1986, r^commended to
Council approval of this application; as 'amended, with proffers dated June
19, 1986, subject to additional conditions relating to road improvements
and utility service; and
WHEREAS, the Council held a public hearing on this application on
August 13, 1986, prior to which written proffers were submitted by George
A. and Sherry S. Wilson; and
WHEREAS, the August 13, 1986, proffers noted above were not signed by
the property owners as required by Section 15.1-491 of the Code of
Virginia, as amended; and
WHEREAS, an additional Council public hearing was held on October 8,
1986, prior to which signed proffers dated October 8, 1986, were submitted
by the property owners; and
WHEREAS, an amended proffer statement dated November 7, 1986, was
submitted which is more restrictive than the proffers dated October 8,
1986, in order to address further Council concerns regarding this applica-
tion; and
WHEREAS, it is determined that this rezoning, with proffered
conditions, is in the interest of public welfare, convenience and good
zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in
Virginia as follows:
SECTION I. The Leesburg Zoning Ordinance is amended to revise the
Zoning District Map to change from County A-3 and County R-1 to Town R-1 a
10.0004-acre parcel of land on the east side of Route 654 bounded by
European-American Furniture Company on the north, Jeffrey 0. Wellborn,
Tee., on the south, Route 654 on the West, and European-American Furniture
Company on the east, in accordance with a plat prepared by Patton Harris
Rust and Associates dated November 27, 1985, subject to the following
proffered conditions submitted by the property owner in accordance with
Section 15.1-491(a) of the Code of Virginia, as amended:
1. Site Plan: The tract shall be subdivided into not more than
16 lots in general compliance with the "House Location and
Grading Study" plat prepared by Patton Harris Rust and Assoc-
iates, dated March 10, 1986. (Specific house locations and
building footprints shown thereon shall not be considered part
of the plat. ) The plat referenced above may be revised by the
developer with approval of the Planning Commission and Town
Council without public hearings. Such revisions shall not
result in any increase in the number of lots.
2. Lawson Road: The developer, at the time of final plat approval,
shall dedicate to the town sufficient right-of-way to provide
25 feet of public right-of-way from the existing centerline
of Lawson Road across the frontage of the tract. In lieu of
standard requirements for curbs, gutters, and sidewalks on the
Lawson Road frontage, the developer shall widen and grade
Lawson Road across the frontage of the tract, including-the
Dudeck spring house lot, and provide a 20-foot wide paved travel
surface and necessary shoulders, drainage and roadside swales
and shall construct a 502foot radius paved public turnaround
on right-of-way provided by others or from the tract being
rezoned here. The pavement shall meet the town's standard
paving specifications placed on subgrade meeting town standards.
The developer at the time of the final plat approval shall bond
construction of the said public improvements. The town, as a
condition of the issuance of a zoning permit for each lot within
the tract, shall be paid $500.00 per lot to be used to make'
improvements to Lawson Road between Sycolin Road and the tract.
"9
MINUTES OF THE NOVEMBER 12, 1986 MEETING
3. Public Park Dedication. The developer, at the time of final
plat approval, shall dedicate to the town (or its designee) for
public park purposes an area of approximately 10,000 square feet
located at the northeast corner of the property. The area dedi-
cated shall lie within a triangle formed by points'located as
follows: (1) a point on the north line of the tract lying 100
feet west of the northeast corner of the tract; (2) a point at
the north corner of the tract; and (3) a point on the east line
of the tract lying 200 feet south of the north corner of the
tract.
4. Vegetation and Slope: Both slope and mature trees shall be
protected to the greatest extent possible. Mature trees and
slopes in excess of 15 percent shall be removed or modified
only as necessary to accommodate site construction, access,
utility service and the creation of usable lots and yards for
proposed dwellings.
5. Public Utilities: Dwellings on the property shall be served by
N water and sewer utilities of the Town of Leesburg which shall be
N designed, bonded and constructed as required by the Subdivision
Regulations. No zoning permit shall be issued for any house to
CO
be served by a private well and/or septic drainfield.
Q SECTION II. This ordinance shall be in effect upon its passage.
Following some brief discussion, the vote on this ordinance was as
follows:
Aye: Councilmembers Hos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
Absent: Mayor Sevila
86-245 - RESOLUTION - APPROVING SPECIAL EXCEPTION #86-6 BY A.C.. ECHOLS,
JR. , AND J. LYNN CORNWELL, JR. , TRUSTEES/LOKEY
PROPERTIES TO ALLOW MULTI-FAMILY DWELLINGS WITHIN
THE B-2 ZONING DISTRICT
On a motion by Mr. Tolbert and seconded by Mr. Curry, the following
resolution was proposed and unanimously adopted:
WHEREAS, A. C. Echols, Jr. , and J. Lynn Cornwell, Jr. , Trustees/Lokey
Properties submitted an application requesting special exception approval
to allow the development of multi-family dwellings on Lot 10 of Leesburg
Gateway Subdivision within the B-2 zoning district; and
WHEREAS, the Planning Commission has reviewed this application and on
September 18, 1986, recommended to Council approval of this application;
and
WHEREAS, this Council on October 22, 1986, held a public hearing m
this application and the accompanying conceptual site plan and related
documentation; and
WHEREAS, this Council makes a finding that the special exception
standards of Section 8-2-11-11A have been satisfied, as portrayed on the
conceptual site plan dated September 24, 1986, prepared by Wahlberg,
Wright, Waite and Associates; and
WHEREAS, this Council approves the design of the brick and siding
structures, the recreation facilities, including swimming pools, a tennis
court, indoor racquetball court, jacuzzi and exercise room, and community
room as presented to this Council at the public hearing in a document
entitled, "Proposed Luxury Apartments, Leesburg, Virginia," by Lokey
Properties:
380 MINUTES OF THE NOVEMBER 12, 1986 MEETING
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Special Exception application #86-6 by A. C. Echols, Jr., and J. Lynn
Cornwell, Jr., Trustees/Lokey Properties to permit .the construction by
Lokey Properties of 316 multi-family dwellings on the 15.8 acre Lot 10 of
Leesburg Gateway Subdivision is approved, subject to compliance with the
following conditions:
1. The development plan substantially complies with the conceptual
site plan dated September 24, 1986, prepared by Wahlbert, Wright,
Waite and Associates; and
2. The development includes comparable recreational amenities in
terms of type, size and design and utilities the same
architecture and materials as presented to Council at the public
hearing in a document entitled, "Proposed Luxury Apartments,
Leesburg, Virginia," by Lokey Properties; and
3. The central open space/recreation area includes a connecting
trail system and some landscaped sitting areas.
4. The development meets all applicable Zoning and Subdivision and
Land Development Regulations.
Mr. Bos discussed the several rezonings that have taken place on this
piece of property. He feels that the concept plan is both attractive and
will be necessary for the future of the town. .
Mr. Curry agreed with Mr. Bos and also cited the many changes that
have occurred with this piece of property. He stated that he feels this
property is better suited to apartment use than commercial use as was once
proposed.
Mr. Kelley feels that much progress has been made in the decision of
what would be allowed on this property. The coordinated process between
the Council, and 'the staff along with the developers has. resulted in what
promises to be a very attractive andfunctional- use for this area.
Mr. Tolbert agreed with the prior. statements.
Vice Mayor Williams reiterated the complicated process that was
involved at the decision for the rezoning and feels that this project will
be a very positive one for the town. He also complimented the developers'
efforts to come to a mutual agreement on the project.
The vote on this resolution was as follows:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
Absent: Mayor Sevila
86-246 - RESOLUTION - REQUESTING VIRGINIA DEPARTMENT OF HIGHWAYS AND
TRANSPORTATION FUNDING FOR HIGHWAY PROJECTS WITHIN
THE TOWN OF LEESBURG IN, THE 1987-88 THROUGH 92-93
VDHST SIX-YEAR IMPROVEMENTS, PROGRAM
On a motion by Mr. Curry and seconded by Mr. Kelley it was recommended
that the priorities be changed in order; that #3 become #4and #4 become #3.
The resolution was proposed with the amendment and unanimously adopted as
follows:
MINUTES OF THE NOVEMBER 12, 1986 MEETING ,381
WHEREAS, the Virginia Department of Highways and Transportation
(VDH&T hereinafter) is revising the Six-Year Transportation Improvements
Program for 1987 through 1993; and
WHEREAS, VDH&T will be conducting a preallocation hearing on November
13 in Fairfax City to determine funding for urban system and primary system
1 projects in the Northern Virginia construction district; and
WHEREAS, it is necessary that a request, by Council resolution, be
made before VDH&T allocates funds in the Six-Year Improvements Program for
urban system projects; and
WHEREAS, the General Assembly in special session, has adopted legisla-
tion to substantially increase funds available to improve both urban system
and primary system highways; and
WHEREAS, a preliminary analysis on the highway maintenance and
construction fund for urban system construction indicates that Leesburg
TT will receive an additional $1.8 million dolalrs through 1993; and
0)
N WHEREAS, the Plaza Street extension project and relocation of Route
N 654 between Lawson Road and Cardinal Park Drive are already on the VDH&T
Six-Year Plan; and
till
[n WHEREAS, the Town Council has recently adopted a revised Town Plan for
Q Leesburg which included a new transportation plan for the expanded
corporate limits; and `
WHEREAS, VDH&T is now evaluating alternative alignments for an exten-
sion of the Dulles Toll Road:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
i
SECTION I. VDH&T is requested to establish the following projects as
part of its Six-Year Plan:
Priority Project Description
#1 Plaza Street extension from East Market Street
to Sycolin Road at Rockbridge Drive, a
distance of approximately 2700 feet
#2 Relocation of Route 654 between Lawson Road
and Cardinal Park Drive, a distance of approx-
imately 1350 feet
#3 Widen Catoctin Circle from South Street west
to South Ring Street to accommodate four
travel lanes and a turning lane for a distance
of approximately 3300 feet
#4 Catoctin Circle extension from existing
terminus north of East Market Street to
Edwards Ferry Road, a distance of approxi-
mately 550 feet
SECTION II. The town agrees to pay its share of the total costs for
preliminary engineering, right-of-way and construction of these projects in
accordance with Paragraph 33.1-44 of the Code of Virginia, as amended and
that, if the Council subsequently elects to stop or cancel any of the
projects, the town hereby agrees to reimburse VDH&T for the total amount of
the costs expended by VDH&T through the date VDH&T is notified of such
suspension or cancellation.
1
382 MINUTES OF THE NOVEMBER 12, 1986 MEETING
SECTION III. VDHBT is requested to establish as a primary system
project the completion of the grade-separated interchange at the Route 7/
Route 15 intersection on the east end of town for these reasons:
1. Development within the required right-of-way is eminent.
2. The current interchange is beyond capacity at peak hours and
future traffic from local and regional growth continues to
escalate traffic problems at this intersection.
3. This project is included in the draft corridor study just sub-
mitted by VDH&T to the Town of Leesburg.
4. Two recent serious traffic accidents illustrate the need for
a full grade-separated cloverleaf design.
SECTION IV. VDH&T is requested to establish as a primary system
project the construction of an extension of the Dulles Toll Road along the
Route 643 corridor to a terminus on the Route 7 By-pass, hereinafter
referred to as "Loudoun Parkway". This alignment is essential to the
future transportation systems of Loudoun and Leesburg for these reasons:
1. A true radial route will be established from Leesburg, reducing
congestion on Route 7 east of the By-pass.
2. This alignment reflects current county and town planning and
transportation policy.
3. This alignment provides the most direct routing of east-west
regional traffic through Leesburg.
4. The Loudoun Parkway will facilitate Leesburg Airport's role as
a major satellite reliever facility for the Dulles International
. Airport.
5. The Loudoun Parkway will provide a potential opportunity for
the future expansion of light rail service to Leesburg.
SECTION V. While its informationis principally limited to media
reports, this Council maintains grave reservations concerning a private
toll road from Dulles International Airport to Route 7 via Route 659. A
road of this regional magnitude should not be located or controlled to
serve private interests, but rather should be developed and owned by the
Commonwealth to serve all of Northern Virginia's citizens by addressing the
full complement of economic development,- transportation and safety needs
which will be served through implementation of the Route 643 alignment of
the Loudoun Parkway.
Vice Mayor Williams asked Town Manager, Jeffrey Minor to give a brief
overview of the impact of this resolution. Mr. Minor stated that this
resolution precludes a regional meeting of VDH&T to be held in Fairfax
tomorrow. The purpose of this meeting is to meet with regional represent-
atives regarding the allocation of funds, both primary and secondary
projects. The projects impacting Leesburg are the grade-separated
interchange for the Route 7/Route 15 bypass, the Catoctin Circle widening,
along with the extension of Catoctin Circle to the north, the Route 654
project and the extension of Plaza Street. The resolution also addresses
the private toll road that has been proposed. A transportation link of
this magnitude should remain in control of the Commonwealth.
Mr. Kelley stated that at the Economic Development Advisory Commission
meeting the toll road was discussed extensively. The fact that traffic
would be "dumped" onto Route 7 near the Xerox property would be detrimental
to both Leesburg and Loudoun. The Dulles Toll Road has been a highly
successful project and the revenues have allowed the state to refinance
their bonds for this. The Route 643 corridor would be a highly visible
corridor for this toll road. The present airport expansion along with the
proposed development along this corridor would make this area ideal for
economic development. The area is also ideal for the disbursement of the
traffic in an orderly fashion rather than "dumping" it onto one road.
MINUTES OF NOVEMBER 12 1986 MEETING 3 8 3
Mr. Bos also supports the concept of the toll road following the Route
643 corridor as do Messrs. Pelkey, Curry, Tolbert and Williams. Mr.
Tolbert had a question regarding the town's share of the costs of these
projects. Mr. Minor stated that it would amount to about 5% of the total.
Mr. Williams reiterated the fact that the feelings of the Council must
be submitted to VDH&T and the proper officials as soon as possible. The
integration of a good transportation system is vital at this point,
especially with the anticipated growth of the area.
The vote on this resolution was as follows:
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
TT Absent: Mayor Sevila
0) 86-247 - RESOLUTION - AUTHORIZING A REQUEST FOR PROPOSALS FOR THE LEASE
N OF 6.74 ACRES OF LAND AND THE CONSTRUCTION AND/OR
N RENOVATION OF EXISTING AIRCRAFT HANGARS AND T_IE-DOWNS
W AT LEESBURG MUNICIPAL AIRPORT
CC) Ona motion by Mr. Kelley 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:
SECTION I. A descriptive notice of an ordinance entitled: "AN
ORDINANCE GRANTING A LEASE TO - , ITS SUCCESSORS AND
ASSIGNS, OF CERTAIN PROPERTY AT THE LEESBURG MUNICIPAL AIRPORT,- LEESBURG,
VIRGINIA" attached hereto and made a part hereof, shall be advertised once
a week for four successive weeks in the Loudoun Times Mirror, a newspaper
published in the Town of Leesburg, Virginia, and having a general
circulation in the Town of Leesburg; and that said advertisement shall
invite proposals for the lease proposed to be granted in the ordinance for
the construction and/or renovation of existing aircraft hangars and tie-
downs at Leesburg Municipal Airport.
SECTION II. The public notice to be published with said ordinance
shall be as follows:
The Town of Leesburg in Virginia invites sealed proposals for a
lease of a portion of Leesburg Municipal Airport for the new construc-
tion, and/or rehabilitation of existing aircraft hangars and tie-
downs. The ordinance granting a lease at Leesburg Municipal Airport
shall be for a lease not to exceed 40 years for a 6.74 acre area.
The public notice, request for proposals, supplemental application
forms and lease map constitute the invitation to proponents for the
lease and is available in the office of the Town Manager, P.O. Box
88, Leesburg, Virginia 22075 during regular business hours. A copy
of the full text of the ordinance proposing to grant a lease is on
file in the office of the Clerk of the Town, Town of Leesburg, 15 West
Market Street, P.O. Box 88, Leesburg, Virginia 22075 during regular
business hours. Proposals are to be delivered to the Mayor of the
Town in an open session of the Council to be held in the Council
Chambers of the Town at 10 West Loudoun Street on December 10, 1986
at 7:30 p.m.
The successful bidder shall pay the cost of required legal
advertisements. The Town reserves the right to reject any -and all
proposals, to waive any informalities and to award the lease in the
best interest of the Town.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
Absent : Mayor Sevila
384 MINUTES OF THE NOVEMBER 12, 1986 MEETING
86-248 - RESOLUTION - AUTHORIZING THE CLOSING OF KING STREET BETWEEN
LOUDOUN AND MARKET DURING THE "FIRST NIGHT LEESBURG"
NEW YEAR'S EVE CELEBRATION
On a motion by Mr. Bos and seconded by Mr. Tolbert the following
resolution was proposed and unanimously adopted:
WHEREAS, the FY 1987 budget for the Town of Leesburg includes an
appropriation in the amount of $2500 as a contribution to assist-With
expenses for the "First Night Leesburg" New Year's Eve celebration; and
WHEREAS, this event promises to provide a safe, non-alcoholic
alterntive to traditional New Year's Eve festivities; and
WHEREAS, this event will promote the economic development of downtown
Leesburg; and
I ' WHEREAS, "First Night Leesburg" promises to offer significant cultural
and entertainment opportunities to Leesburg's citizens; and
WHEREAS, the "First Night Leesburg" committee has asked that King •
Street between Market and Loudoun be closed to traffic during the event to ..
help stage some of the entertainment activities:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. "First Night Leesburg" is endorsed as a family alternative
to traditional New Year's Eve celebrations.
SECTION II. The manager is authorized to issue a permit under Sec.
10-13 of the Town Code to the "First Night Leesburg" committee to close
King Street between Loudoun and Market on December 31, 1986, with. the
specific hours of closing and other conditions to be determined by the
manager and chief of police.
SECTION III. The closing of King Street shall also be conditioned on
receipt of a $1,000,000 public liability insurance policy, naming the town
as an additional insured, with respect to insuring the town against any
liability for personal injury or death and damages to property occurring as
a result of the use of Leesburg Streets for "First Night Leesburg".
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
Absent: Mayor Sevila
NEW BUSINESS
86-249 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION FOR SOUTH RAVEN
SUBDIVISION
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS, the town's Director of Engineering has reviewed the public
improvements installed to date in the South Haven Subdivision and certifies
that the value of work performed is $80,408; and
WHEREAS, a letter of credit from Farmers and Merchants National Bank
in the amount of $272,626 has been provided by the developer and approved
by Council to guarantee installation of public improvements in the South
Haven Subdivision:
MINUTES OF THE NOVEMBER 12, 1986 MEETING 3 8 5
THEREFORE, RESOLVED by the Council of the Town of Leesburgiin Virginia
as follows:
SECTION I. The Farmers and Merchants National Bank letter of credit
in the amount of $272,626 is reduced to $192,218.
SECTION II. The manager shall notify the developer of the South Haven
Subdivision 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
improvements for the South Haven Subdivision.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
Absent: Mayor Sevila
CD
N 86-0-55 - ORDINANCE - RENAMING DAVIS AVENUE WITHIN THE LEESBURG GATEWAY
RJ SUBDIVISION TO GATEWAY DRIVE
W
M On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
Cr ordinance was proposed and unanimously adopted:
WHEREAS, Davis Avenue within the Leesburg Gateway Subdivision is no
longer planned as direct connection to Davis Avenue at South King Street;
and
WHEREAS, it is in the public interest to rename this street to avoid
future problems in the delivery of fire and rescue services:
i
DAINED by the Council of the Town of Leesburg in Virginia as
followORs:
SECTION I. Davis Avenue within the Leesburg Gateway Subdivision is
renamed Gateway Drive.
SECTION II. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
Absent: Mayor Sevila
86-250 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND
APPROVING WATER AND SEWER EXTENSIONS FOR THE LINDEN
HILL PLANNED DEVELOPMENT
On a motion by Mr. Tolbert and seconded by Mr. Kelley the following
resolution was proposed and unanimously adopted:
WHEREAS, the Town Council has approved the final development plan for
the Linden Hill Planned Development; and
WHEREAS, the Director of Engineering has found that the construction
value of public improvements in this development is $143,000 and the
construction value of the Linden Hill Way is $16,000; and
WHEREAS, Stiction 13-91(A)(2) of the Subdivision and Land Development
Regulations require bonding of all improvements listed in Sec. 15.1-466(f)
of the Code of Virginia which authorizes the Town to require bonding for
"site related improvements required by local ordinances for vehicular
ingress and egress, [and] for public access streets;" and
386 MINUTES OF NOVEMBER 12, 1986 MEETING
WHEREAS, Linden Hill Way will be located within an easement for public
access and the construction of this road is required by Zoning Map
Amendment #ZM-60:
THEREFORE, 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 Linden Hill Development Corporation of
Leesburg, Virginia, for installation of public improvements shown on the
plans approved by the Director of Engineering for Linden Hill Planned '
Development.
SECTION II. The extension of municipal water and sewer works for the
Linden Hill Planned Development is approved in accordance with Stiction 15-9
and 15-18 of the Town Code.
SECTION III. An irrevocable bank letter of credit in a form approved
by the town attorney from First American Bank of Virginia in the amount of
$159,000 is approved as security to guarantee installation of the public
improvements shown on plans approved by the Director of Engineering for the
Linden Hill Planned Development.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
Absent: Mayor Sevila
86-251 - RESOLUTION - AUTHORIZING THE SALE OF PROPERTY OWNED. BY. THE TOWN
OF LEESBURG IN LOUDOUN COUNTY, TAX MAP 76, PARCELS
46 AND 47
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
resolution was proposed and unanimously adopted:
WHEREAS, the Town of Leesburg owns in fee simple two parcels of land
along Route 860 near Arcola in Loudoun County; and
WHEREAS, the use permit for a sanitary landfill on a part of these
parcels was voided by the Town's 1984 'Annexation Agreement 'with Loudoun
County; and
WHEREAS, this land is -no longer used for a police firing range as a
new facility has been constructed at the town's water treatment plant; and
WHEREAS, this land is no longer appropriate or needed for any public
purpose; and
WHEREAS, this Council hereby declares said parcels to be surplus; and
WHEREAS, the town attorney has advised the Council that it has proper
title sufficient to convey this tract pursuant to Paragraph 15.1-307 of the
1950 Code of Virginia as amended; and
WHEREAS, each parcel represents a conforming building lot within the
county A-3 zoning district:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized and directed to advertise,
through the Loudoun Times Mirror and other means as appropriate, the sale
of Parcel 47 shown on Tax Map No. 76, representing approximately 13.3
acres at a purchase price of $69,995 and Parcel 46 shown on Tax Map No. 76,
representing approximately 9.4 acres for a purchase price of $65,000.
38°7;
MINUTES OF THE NOVEMBER 12, 1986 MEETING
SECTION II. The Council •will consider sales contracts which include a
68 real estate commission.
SECTION III. All purchase offers shall be in writing on forms
approved by the town attorney and shall include a good faith deposit of
$2,000.
SECTION IV. If both parcels are purchased together, the combined
purchase price shall be reduced to $128,000.
Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
Mayor Williams
Nay: None
Absent: Mayor Sevila
Since there were no further items for discussion at this time it was
CD moved by Mr. Tolbert and seconded by Mr. Pelkey that the meeting be
N adjourned at 9:55 p.m.
N Aye: Councilmembers Bos, Curry, Kelley, Pelkey, Tolbert and Vice
WW Mayor Williams
Q Nay: None
' Mayor
7de
Clerk of ouncil