HomeMy Public PortalAbout1987_10_28 X01
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, SW. , Leesburg, Virginia, on October 28, 1987,
at 7: 30 P.M. The meeting was called to order by the Mayor with the invoca-
tion given by Mr. Tolbert, followed by the Salute to the Flag led by
Councilmember Clem. Present were Mayor Robert E. Sevila; Councilmembers
James E. Clem; Arl Curry; Brian Kelley; Hunter Leach; John Tolbert, Jr. ;
and Charles Williams. Staff members present were Acting Town Manager, Paul
York; Director of Engineering and Public Works, Tom Mason; Director of
Planning, Zoning and Development, Martha Mason-Semmes; Assistant Director
of Planning, Zoning and Development, Tom Poupard; and Town Attorney, George
Martin.
On motion by Mr. Tolbert, seconded by Mr. Clem, it was recommended that
the minutes of the May 13, April 22 and June 10, 1987, meetings be approved
as submitted.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
PETITIONERS
Joan Rokus, President, Board of Directors, Fox Chapel Condo Associa-
tion, presented and read a letter in support of the Town Code amendment to
prohibit the operation of barbecue devices on elevated balconies and within
fifteen feet of ground floor multi-family dwellings.
Mayor Sevila called Jerry Pelkey forward at this point. He presented
Mr. Pelkey, formerly a Town Councilmember and a resident of the Town of
Leesburg, with a certificate of appreciation for his service to the town
during the period of one year when he served on the Town Council.
PUBLIC HEARING ON TOWN CODE AMENDMENT TO PROHIBIT THE OPERATION OF BARBE-
CUE DEVICES IN MULTI-FAMILY DWELLINGS
' Acting Town Manager Paul York explained this legislation will prohibit
individuals in multi-family housing units from using their balconies to
barbecue. The town has endorsement of the County Fire Marshal's office and
they have assisted staff with the preparation of this legislation.
Dale McGuire, Leesburg Volunteer Fire Department, spoke in support of
this legislation on behalf of the whole fire department and requested the
Council adopt this resolution as written.
Charles Smith, President, Virginia Knolls Association, asked whether
townhouses are considered as multi-family dwellings. He wanted to know if
this legislation included townhouses.
Mayor Sevila said the definition of multi-family dwellings did ex-
clude townhouses. He also said that it would be nice for the staff and
members of the development community in the audience who do homeowners-
type work to consider including this restriction on the use of open flames
and barbecue devices in the homeowners' association documents for an extra
level of enforcement.
Jean Miler, Vice President, Fox Chapel Association, requested the
amendment include the words "operation and presence of grills" because of
the dangers of even storing these objects on the balconies.
Norman German, owner of one of the Fox Chapel units, stated we did
need a law similar to this for condos and apartments. He said he was also
concerned with the storage of the combustible materials to start these
fires.
The public hearing was closed.
Councilmember Tolbert asked whether the inside ranges with barbecue
grills on them are safe? Dale Mc ';ire responded to this.
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
1
On motion by Mr. Williams, seconded by Mr. Kelley, Council voted to
return the proposed amendment and the public comments back to Finance and
Administration Committee for further consideration.
-Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
After considerable discussion, it was decided that the Utility and
Public Works Committee and the Finance and Administration Committee would
change their meeting date from Tuesday, November 3, 1987, (Election Day) to
Monday, November 2, 1987.
SPECIAL EXCEPTION APPLICATION x)87-4 BY BALLINGER AND LAROCK TO ALLOW A
DUPLEX DWELLING ON A SINGLE-FAMILY LOT
Tom Poupard, Assistant Director of Planning, Zoning and Development,
explained that Ballinger and LaRock have proposed to construct a duplex
unit on South Liberty Street, formally where a single-family dwelling exist-
ed. They have requested permission to erect a duplex on that lot. The
applicants have also agreed to pay for the offstreet parking spaces. The
staff recommends approval of this application.
The public hearing was closed.
On motion of Mr. Tolbert, seconded by Mr. Clem, Council voted unanimous-
ly to consider legislation on this matter at this time.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
On motion of Mr. Kelley, seconded by Mr. Tolbert, the following resolu-
tion was proposed and unanimously adopted with minor amendments.
87-227 - RESOLUTION - APPROVING SPECIAL EXCEPTION APPLICATION #87-4 BY 18
JOINT VENTURE
WHEREAS, an application was filed on September 8, 1987, from 18 Joint
Venture for a special exception under Section 8-2-11-10 of the Leesburg
Zoning Ordinance to permit a greater number of one and/or two-bedroom dwell-
ings than otherwise permitted within the H-1 district; and
WHEREAS, the Planning Commission on October 1, 1987, recommended approv-
al of this application, contingent upon the applicant's providing parking
in compliance with the Leesburg Zoning Ordinance; and
WHEREAS, the Council conducted a public hearing pursuant to Section
15. 1-431 of the Code of Virginia as amended, on October 28, 1987; and
WHEREAS, the Council has determined that this application meets the
criteria established for such a special exception, as established within
the Leesburg Zoning Ordinance;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Special exception #87-4 by 18 Joint Venture is approved
contingent upon the applicant's meeting the parking requirements of the
Leesburg Zoning Ordinance.
SECTION II. This approval should be in effect by passage of this reso-
lution.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
Aoy
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
COUNCILMEMBER COMMENTS
Mr. Williams said the Parks and Recreation Commission met in special
session to review the master plan of the Ida Lee Park and recommended the
plan be held for public hearing and solicit comments from citizens and
incorporate those into the overall master plan. They were very excited
about the plan -- it provided opportunity over the next ten to twenty-five
years to continue to expand the park.
Mr. Curry said the Planning Commission met and had two public hear-
ings ZM-94 - Fischer rezoning and ZM-95 Stratford Planned Development
(Stowers tract) . They approved the revised development plan for Hetzel
parking lot and also recommended to Council approval of ZM-91 nursing home
change so a parking lot could be expanded and an addition added.
Mr. Kelley said we have tried to start a design and construction
standards manual. He thought we had put a good RFP out but we did not get
much assistance to help:pafe .this manual so we may have to wait for it.
He also mentioned Election Day and hoped everyone would get out and vote.
MANAGER'S REPORT
Mr. York reported on the following:
(1) Upgrade on our bond rating with Standard and Poor's.
(2) We did receive bids last week on our public works facility adja-
cent to our sewage treatment plant. We were very much interested in seeing
how these bids were going to develop from the standpoint, it will give us
some insight as to what we can expect from the rest of our construction
projects that we will be bidding out this year. Unfortunately, we did not
get the type of bids we had hoped to receive on this particular project.
As a matter of fact, the bids were about a half million dollars higher than
our engineers' estimate. This was quite a shock -- this is almost 25% more
than what we thought it would be.
' LEGISLATION
87-228 RESOLUTION - MAKING AN APPROPRIATION FOR SPONSORING "THANK YOU
VETERANS WEEK" EVENTS
On a motion by Mr. Kelley and seconded by Mr. Tolbert, the following
resolution was taken out of order and after favorable comments was proposed
and unanimously adopted:
WHEREAS, the Mayor has proclaimed November 5 through November 11, 1987,
as "Thank You Veterans Week"; and
WHEREAS, Council Resolution No. 87-223 authorized the use of Ida Lee
Park, temporary signage and street closing for "Thank You Veterans Week";
and
WHEREAS, Ms. Laura M. Walton of the National Capital Retreat Center for
Vietnam Veterans, appeared at the Finance and Administration Committee of
the Town Council meeting on October 20, 1987; and
WHEREAS, Ms. Walton presented a request for $2,000 to assist in sponsor-
ing "Thank You Veterans Week" events such as meals, transportation, posters
and advertising expenses:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A supplemental appropriation of $2,000 is made from the General Fund
Unappropriated Fund Balance to General Fund Account Number 200-9100-560-
090, Thank You Veterans Week for the Fiscal Year ending June 30, 1988.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
P°
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
Ms. Walton thanked the Council from all the Vietnam Veterans of the
community for supporting this effort. She gave a brief update on this
project.
87-0-28 - ORDINANCE - APPROVING A REVISED PRELIMINARY DEVELOPMENT PLAN
AND PROFFER AMENDMENT FOR THE EXETER PLANNED
RESIDENTIAL NEIGHBORHOOD
On motion by Mr. Kelley and seconded by Mr. Tolbert, the following
ordinance was proposed, and after explanation by Ms. Semmes and other favor-
able comments, was unanimously adopted:
WHEREAS, on May 22, 1985, the Council of the Town of Leesburg in Virgin-
ia
approved rezoning application IIZM-55 by Leesburg Joint Venture establish-
ing a 1201-unit planned development referred to as the Exeter Planned Resi-
dential Neighborhood; and
WHEREAS, rezoning application IIZM-55 was approved with a set of prof-
fers and a preliminary development plan relating to the type and arrange-
ment of land uses within the Exeter Planned Residential Neighborhood; and
WHEREAS, Richmond American Homes of Virginia, Leesburg Joint Venture
and Pulte Home Corporation have submitted a rezoning application /IZM-87
requesting that the preliminary development plan and proffers associated
with the Exeter Planned Residential Neighborhood be amended; and
WHEREAS, the Planning Commission, on March 19, 1987, held a public
hearing on rezoning application IJZM-87; and
WHEREAS, the Planning Commission, on August 6, 1987, recommended condi-
tional approval of this application; and
WHEREAS, this Council on September 23, 1987, held a public hearing on
this application; and
WHEREAS, it is determined that the public necessity, convenience, gener-
al
welfare and good zoning practice require the amendment of the previously
approved preliminary development plan and proffers associated with /IZM-55
and the Exeter Planned Residential Neighborhood:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The revised preliminary development plan dated October 13,
1987 for the Exeter Planned Residential Neighborhood, as annotated, includ-
ing all waivers requested as part thereof, submitted as part of rezoning
application 11ZM-87 for 274.9 acres of land, more or less, bounded by the
Route 15 Bypass on the east, Route 15 Business on the west, Virginia Route
837 and Balls Bluff Road on the north, and lands of Leesburg Joint Venture,
Rev. Thomas J. Welsh, the Paxton Home for Children, Walter L, Phillips,
Loudoun County School, Exeter, Section I Subdivision and Exeter, Section 2B
to the south, is hereby approved and the previously approved preliminary
development plan associated with rezoning application #2M-55 .is hereby
repealed.
SECTION II. The revised proffers dated October 26, 1987 voluntarily
submitted by Richmond American Homes of Virginia, Inc. , Leesburg Joint
Venture, and Pulte Home Corporation in accordance with Section 11-8-4 of
the Leesburg Zoning Ordinance and Section 15. 1-491(a) of the Code of Virgin-
ia, as amended, are hereby approved as the following conditions associated
with the Exeter Planned Residential Neighborhood, superseding all proffers
previously related to the property:
1. Development Plan. The development of the subject property shall be in
substantial conformity with the Preliminary Development Plan dated July
9, 1987, as revised through October 13, 1987, prepared by Dewberry &
Davis, which plan is incorporated herein by reference. With respect to
the commercial area, any changes to the previously approved May 22,
1985, architectural elevations shall be submitted to the Zoning Adminis-
trator for approval. All single-family units fronting Battlefield
Parkway and all large single-family detached units shall have masonry
chimneys.
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
2. Additional Open Space. The applicants will provide open space in
substantial conformity with the acreage as set forth on the Preliminary
Development Plan submitted to the town of Leesburg pursuant to the
aforesaid application for a preliminary plan amendment of September 8,
1987. the categories of open space areas shall be approximately as
follows:
Major Open Space: 30.0 Acres
Central Recreation Area: 5.6 Acres
Within Development Envelopes:
Multi-family and Townhouse 35. 1 Acres
Single-family area: 22.3 Acres
Total (Minimum): 93.0 Acres
3. Public Facilities Site. The applicants will provide and dedicate at
such time as the extension of Plaza Street is dedicated, to the Town of
Leesburg or such other public or quasi-public body as the Town of
Leesburg may approve a site of 10 acres, more or less, to be used by
the Town or such other body for such use as the Town within its sole
discretion may deem appropriate including but not limited to: public
safety facility, library, museum, and parks or recreation facilities.
Such donated area shall be as indicated on the Preliminary Development
Plan.
4. Recreational Facilities. The applicants agree to provide 4 tennis
courts, 5 tot lots, 2 multi-purpose courts, a swimming pool, a communi-
ty center, and a pedestrian trail/pathway as shown on the Preliminary
Development Plan (exclusive of any of the facilities shown on the
Fieldstone Development Area) . The four tennis courts shall be complet-
ed by the time the 100 dwelling unit is completed (not including the
Fieldstone apartments) , and the swimming pool shall be completed by
July of 1989, provided that the 200th dwelling unit of the development
has been occupanied (not including the Fieldstone apartments) . The
swimming pool shall be sized to Fairfax County standards in effect as
of the date of this agreement, or if an alternate standard is proposed
' it shall be built in accordance with standards established by a certi-
fied private swimming pool consultant, with input from representatives
of the Exeter, Section 1 community.
The applicants agree that the Central Recreational Area facilities, as
indicated on the Preliminary Development Plan shall be made available
to the homeowners in Exeter, Section 1, on an equal basis with the
homeowners within Exeter. In addition, the creation of the homeowners
documents will include a special membership class which will provide
free memberships to the swimming pool and other recreation facilities
for forty-nine (49) lots in Exeter I for a period of five (5) years
from the time the pool opens. This membership will be attached to the
lots, not the owners, and is, therefore, transferable during the five
(5) year period. Upon the expiration of this five (5) year period, the
residents of Exeter I will enjoy the same eligibility for use of the
recreation facilities as the members of Exeter.
5. Additional Public Facilities (Ballfields). The applicants agree to
construction, at their expense, two multi-purpose ballfields and a
dustless parking lot with entrance and a minimum of twenty spaces as
requested by the Town of Leesburg. Said ballfields and parking lot
shall be located on the 10 acre public facility site identified on the
Preliminary Development Plan. Construction of said ballfields shall be
accomplished at the same time as the Central Recreational Area Facili-
ties indicated on the Preliminary Development Plan are established on
the property. The specific layout and type of ballfields shall be
determined by the Town at the final development plan stage.
6. The applicants agree to contribute the sum of TWO HUNDRED FORTY
THOUSAND TWO HUNDRED DOLLARS ($240,200.00) toward the construction of
improvements at the Ida Lee Park to be developed by the Town of
Leesburg. The applicant's contribution of this money shall be in the
form of cash donations equalling TWO HUNDRED NINETY-FOUR DOLLARS
($294.00) per single family and townhouse unit developed on the subject
property and shall be paid into an escrow fund established by the Town
of Leesburg for the specific purpose of funding improvements to said
park. The applicants or any successors in interest shall make said
payment of TWO HUNDRED NINETY-FOUR DOLLARS ($294.00) prior to the issu-
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
ance of a zoning permit for each lot on which is to be located a single
family or townhouse unit. Said escrowed funds and the interest accru-
ing thereon shall, in accordance with these proffers, be used only for
the aforesaid park improvements, at the direction of the Town, and if
not used in connection with said improvements, shall be returned to the
applicants. Provided, however, that should the applicants expend funds
directly for engineering or construction of said park improvements, the
amount of said expenditure shall be credited against the contribution
of TWO HUNDRED FORTY THOUSAND TWO HUNDRED DOLLARS ($240,200.00), and
the per unit contribution shall be reduced accordingly.
7. Fire and Rescue. The applicant agrees to contribute the sum of
$28,595.00 toward the Volunteer Fire and Rescue Services within the
Town of Leesburg. The applicants' contribution shall be made in the
form of cash donations equalling $35.00 per townhouse and single-family
unit developed on the subject property and shall be paid into an escrow
fund, the Trustee of which shall be designated by the Town of
Leesburg. Said payments of $35.00 shall be made prior to the issuance
of the zoning permits for each lot on which is to be located a town-
house or single-family unit.
8. Off-site Road Improvements. The applicants hereby make the following
proffers with regard to off-site road improvements in connection with
the development of the project.
a. The applicants agree to dedicate to the Town of Leesburg or the
Virginia Department of Transportation, as appropriate, 10 acres,
more or less, constituting property at the northwest and southwest
quadrants formed by the intersections of the Route 15 Bypass and
Battlefield Parkway, in order to permit the construction thereon
of a grade-separated interchange. Said 10 acres, more or less,
are depicted on the Preliminary Development Plan as Dedication for
Future Interchange. Notwithstanding any other provisions of para-
graph 8(a), however, the applicants shall retain the right, by
easement, to erect such entrance features for the development from
the Route 15 Bypass on said 10 acres as may be permitted by the
Town of Leesburg, whose consent thereto shall not be withheld
unreasonably. Such entrance features shall be erected at the sole
expense of the applicants, which shall not receive any compensa-
tion therefor in the event said improvements are required to be
taken in order to accommodate a grade-separated interchange.
b. The applicants agree to contribute the sum of FOUR HUNDRED
THIRTY EIGHT THOUSAND THREE HUNDRED SIXTY-FIVE DOLLARS
($438,365.00) under the terms and conditions stated hereinafter as
a pro rata share toward the construction of improvements to the
Route 15 Bypass across the eastern portion of the property and the
grade-separated interchange planned in the future at the intersec-
tion of Battlefield Parkway and the Route 15 Bypass. The appli-
cants' donation of this money shall be in the form of cash dona-
tions equalling THREE HUNDRED SIXTY-FIVE DOLLARS ($365.00) per
residential unit developed on the subject property and shall be
paid into an escrow fund established by the Town of Leesburg
and/or the Virginia Department of Transportation, as appropriate,
for the specific purpose of financing construction of all or a
portion of improvements to the Route 15 Bypass across the eastern
boundary of the subject property and/or construction of a portion
of a grade-separated interchange at the junction of Battlefield
Parkway and the Route 15 Bypass. The applicants or any successors
in interest to the applicant shall make said payment of THREE
HUNDRED SIXTY FIVE DOLLARS ($365.00) at the time said applicants
or successors obtain a zoning permit for each lot on which is to
be located a residential unit. Said escrowed funds and the inter-
est accruing thereon shall, in accordance with these proffers, be
used only for the aforesaid off-site road improvements, and if not
used in connection with said improvements, shall be returned to
the applicants. Should any of the applicants expend funds direct-
ly for construction of said off-site road improvements, at the
direction of the Town and VDOT, the amount of the said expenditure
shall be refunded to the applicant making said expenditure, from
the escrowed funds, as they are or become available.
A13-
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
c. The applicants agree to construct acceleration and deceleration
lanes at the junction of Battlefield Parkway and Business Route
15, and at the junction of Battlefield Parkway and the Route 15
Bypass, as part of Phase I as shown on the Preliminary Development
Plan, in accordance with the requirements imposed by the Virginia
Department of Transportation or the Town of Leesburg.
9. Plaza Street. The applicants shall prohibit the use of Plaza Street
by construction traffic during the development of the subject property.
In addition, the applicants shall erect a barricade at the northern end
of existing Plaza Street and shall maintain the barricade until 95% of
the residential units in Phase I, as shown on the Preliminary Develop-
ment Plan, have received certificates of occupancy.
10. Buffering. The applicant will provide the following buffer areas
as shown on the Preliminary Development Plan:
a. 100' along Route 15 Bypass and Route 15 Business.
b. 45' minimum along Battlefield Parkway, adjacent to single family
residential areas.
c. 50' between the proposed single family detached units and
multiple family housing.
d. 25' between proposed single family detached units and adjacent
properties along the southwestern boundary of the site.
e. 25' along Balls Bluff Road.
11. Landscaping and Fencing.
a. Landscaping of the area adjacent to the existing forty-nine (49)
dwellings in Exeter Section 1 will be provided as shown on the
Preliminary Development Plan. The exact location of the tot lot
and specific comments as to which trees will be saved and provided
will be determined by the Town with input from representatives of
Exeter Section 1 Homeowners Association. The landscaping of the
open space on Exeter Section 1 will be in place prior to beginning
the grading required for the storm water detention facility. The
remainder of the landscaping of the major common area will be
completed within twelve (12) months of plan approval, weather
permitting. However, the applicants reserve the right to phase
the planting and landscaping based on construction activities and
acceptable weather conditions so as not to endanger the survival
of the planting.
b. The blocks of townhouses in Phase 3 closest to the existing
forty-nine (49) Exeter Section 1 lots as shown on the Preliminary
Development Plan, will be limited to four (4) units each. In
addition, a five (5) foot high brick and wood wall will be con-
structed behind these five (5) blocks of townhouses, prior to the
issuance of occupancy permits for said units.
12. Reserve Fund for Pond Maintenance. The applicants agree to include,
within the documents creating the Homeowners Association for Exeter, a
provision for a reserve fund for regular maintenance of the pond by the
Homeowners Association, as shown on the Preliminary Development Plan.
13. Townhouse Construction. The applicants agree that they will not
construct any of the townhouse units shown in Area C on the Preliminary
Development Plan which border the proposed floodplain until the loca-
tion of the floodplain has been determined by the Town of Leesburg and
the Federal Emergency Management Agency.
14. Pedestrian Underpass. The applicants, as requested by the Town, will
construct a concrete pedestrian underpass under Battlefield Parkway,
concurrently with the construction of Phase 1.
15. Carrvale Entrance. The applicants, as requested by the Town, shall
construct a fence, at the entrance to the Carrvale Subdivision along
Edwards Ferry Road, at a price not to exceed $20,000.00. Acquisition
of any necessary easements, and maintenance of said fence, shall be the
responsibility of the Town of Leesburg.
SECTION III. Council directs the Manager to initiate the development
of pro rata and reimbursement agreements for public utilities installed in
a0
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
this development, pursuant to Sections 13-84 and 13-85 of the Leesburg
Subdivision and Land Development Regulations.
SECTION IV. This ordinance shall be in effect upon its passage.
•
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
87-0-29 - ORDINANCE - AMENDING SECTION 7-36 OF THE TOWN CODE REGARDING
INSPECTION FOR FIRE HAZARDS
On motion by Mr. Kelley and seconded by Mr. Tolbert, the following
ordinance was proposed and after explanation and one minor amendment by Mr.
York and brief explanation by Mr. Clem was unanimously adopted:
WHEREAS, the Leesburg Town Code provides for periodic inspection of all
commercial and institutional buildings, as well as multi-family dwellings
on a periodic basis to ensure compliance with the town's fire prevention
code; and
WHEREAS, the Loudoun County Fire Marshal's Office administers and en-
forces Leesburg's fire prevention code; and
WHEREAS, new growth has taxed the resources of the Loudoun County's
Fire Marshal's Office; and
WHEREAS, the Leesburg Volunteer Fire Company has offered to assist that
office and the Town of Leesburg with the inspections required under Sec.
7-36 of the Town Code; and
WHEREAS, this assistance will help the Loudoun County Fire Marshal's
Office enforce the Leesburg fire prevention code:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 7-36 of the Town Code is hereby amended to read as
follows:
Sec. 7-36. Inspections for fire hazards.
(a) It shall be the duty of the Fire Marshal to inspect, or
cause to be inspected, all buildings and premises, except the interiors
of dwellings, as often as may be necessary for the purpose of ascertain-
ing and causing to be corrected any conditions liable to cause fire to
endanger life from fire or any violations of the provisions or intent
of this chapter and of any other ordinance affecting the fire hazard.
(b) In order to ensure compliance with the spirit of this
chapter, regular periodic inspections shall be made by the Fire Marshal
as follows:
(1) Public assembly buildings--At least once every three months.
(2) Private assembly buildings--At least once every six (6)
months.
(3) Multiple dwellings--At least once every six (6) months.
(4) Institutions and schools--At least once every three (3)
months.
(5) Office buildings--At least once every six (6) months.
(6) Commercial, mercantile, storage and industrial buildings in
closely built up areas, or with high hazard occupancy--At
least once every three (3) months.
(7) All others--At least once every six (6) months
(c) In order to ensure that this schedule of inspections is
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
adequately maintained, the fire chief of the Leesburg
Volunteer Fire Company and such number of his assistants selected by
the fire chief as are qualified through appropriate training and who
are members in good standing of said Company shall be designated as
Fire Marshal assistants pursuant to Section 27-36' of the 1950 Code of
Virginia, as amended, for purposes of inspections authorized under this
section and any orders authorized under Section 7-6 of this chapter
only. In the performance of their duties the fire chief and his assis-
tants shall be properly uniformed and shall carry proper identifica-
tion. The fire chief shall coordinate in advance inspections under
this section with the Fire Marshal to meet the requirements of Section
7-38 of the Town Code. Copies of all inspection reports shall be fur-
nished to the Fire Marshal's office and all dangers or hazardous condi-
tions as defined in Section 7-37 herein shall be reported to the fire
marshal's office within 24 hours.
The fire chief and his assistants, before performing the
inspections authorized herein shall respectively take an oath, before
the Clerk of the Circuit Court, if required by Section 27-37 of the
1950 Code of Virginia, as amended, to faithfully discharge the duties
set forth herein and a copy of said certificate shall be forwarded to
the municipal manager.
SECTION II. All ordinances and resolutions in conflict herewith are
repealed.
SECTION III. This ordinance shall be in full force and in effect upon
its passage.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
On motion by Mr. Kelley, seconded by Mr. Tolbert, the following ordi-
' nance and resolutions were proposed and unanimously adopted as consent
items:
87-0-30 - ORDINANCE - REPEALING AUTHORIZATION FOR THE SALE OF A PARCEL OF
LAND TO FORT BEAUREGARD ASSOCIATES, INC.
WHEREAS, this Council adopted Ordinance No. 87-0-13 on April 8, 1987,
which authorized the sale of a 2,040 square-foot parcel of land along the
Town Branch channel to Fort Beauregard Associates, Inc. , for the location
of the historic Tollhouse in consideration of $10,000; and
WHEREAS, Fort Beauregard Associates, Inc. , has determined the recon-
struction of the Tollhouse on this site will require extensive engineering
and foundation work; and
WHEREAS, this Council and Fort Beauregard Associates are now consider-
ing another location that will result in lower development costs:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Ordinance No. 87-0-13 is hereby repealed.
SECTION II. This ordinance shall be in effect upon its passage and all
ordinances and resolutions in conflict herewith are repealed.
87-229 - RESOLUTION - APPROVING A SCHEMATIC DESIGN FOR THE MUNICIPAL
PARKING STRUCTURE
WHEREAS, the winning design in the design competition for the town's
municipal government center/parking complex did not include space for
infill development; and
WHEREAS, this Council desires infill development along Loudoun Street
to screen the parking structure and to provide additional revenue to the
town; and
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
WHEREAS, the town's architect, Hanno Weber & Associates, submitted
parking structure section and elevation architectural drawings which illus-
trate two parking structure designs, termed Alternate 1 and Alternate 2; and
WHEREAS, Alternate 1 results in 330 parking spaces, which is 48 more
spaces than provided for in Alternate 2; and
WHEREAS, the design program for the competition initially called for a
minimum 320-space parking structure; and
WHEREAS, the slightly larger parking complex will better meet downtown
Leesburg's parking deficit estimated to be 313 spaces by 1991, according to
a report prepared for this Council by Wilbur Smith & Associates; and
WHEREAS, the reduced footprint of Alternate 1 will accommodate infill
development of approximately 17,000 square-feet; and
WHEREAS, revenues from the lease or sale of infill property will offset
the majority of the additional costs for Alternate 1:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Alternate 1 shown on the site plan prepared by Hanno Weber & Associates
dated September 23, 1987, is approved as the schematic site plan for the
town's parking complex and infill project.
87-230 - RESOLUTION - AMENDING THE CORPORATE HANGAR LEASE MADE AUGUST
25, 1987, BY AND BETWEEN THE TOWN OF LEESBURG
(HEREINAFTER REFERRED TO AS "LANDLORD") AND
JANELLE AVIATION, INCORPORATED (HEREINAFTER
REFERRED TO AS "TENANT")
WHEREAS, landlord and tenant entered into the Corporate Hangar Lease
dated August 25, 1987 (the "lease"), whereby the landlord leased to tenant
an approximately 2.4 acre parcel, more particularly described on exhibit A
attached thereto ("the premises"); and
WHEREAS, Article II, Section 5 of the lease provides that if tenant
fails to close at least a $3,700,00 construction loan for the construction
of improvements to the premises on or before November 30, 1987, the land-
lord may terminate the lease; and
WHEREAS, landlord and tenant wish to amend Article II, Section 5 of the
lease, to postpone the date upon which the landlord may terminate the lease
due to tenant's inability to close on a construction loan, from November
30, 1987, to January 31, 1988, and to change the amount of construction
loan from $3,700,000 to $1,700,000, with the remaining funds derived from
other sources; and
WHEREAS, landlord and tenant wish to modify the language of Article
III, Section 2 of the lease in order to clarify that the $300,000 payment
by tenant to landlord is rent paid by tenant to landlord for the use of the
premises from the effective date of the lease until January 1, 1994; and
WHEREAS, Article V, Section 5 of the lease obligates the tenant to
construct hangar and office buildings containing not less than 54,000
square feet within five years of the effective date of the lease and fur-
ther provides that if tenant is unable to construct office and hangar build-
ings containing at least 54,000 square feet within the specified five year
period, the tenant shall be deemed to be in default of the lease; and
WHEREAS, landlord and tenant wish to amend Article V, Section 5, to
provide if tenant is unable to construct in the aggregate 54,000 square
feet of office and hangar space on the premises within five years from the
effective date then, the lease will terminate with respect to that portion
of the premises designated and referred to as the "Additional Land for
Development" on the plat attached hereto as Exhibit A-1 and incorporated
herein (the "Additional Development Land"); and
WHEREAS, landlord and tenant wish to substitute Exhibit A-1 attached
hereto for Exhibit A attached to the lease:
64/7
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The reference to $3, 700,000 construction loan found in
Article II, Section 1 paragraph (f) and Article II, Section 5 are hereby
deleted and replaced with $1,700,000 construction loan.
SECTION II. The reference to November 30, 1987, found in Article II,
Section 5 of the lease is hereby deleted and replaced with the date January
31, 1988.
SECTION III. Article II, Section 3 of the lease is hereby deleted and
replaced with the following language:
Section 3. If all of the contingencies listed in Article II,
Section 1 hereof are not either satisfied or waived by tenant on or
before January 31, 1988, then tenant at its option may within thirty
(30) days thereof, terminate this lease by written notice to landlord,
in which event tenant and landlord shall have no further rights one to
the other hereunder. If tenant does not exercise its option to termi-
nate this lease within the thirty-day period specified above, tenant
shall be deemed to have waived any then outstanding contingencies.
SECTION IV. Article III, Section 2 of the lease is hereby deleted and
replaced with the following language:
Section 2. In addition to the rent payable under Article III,
Section 1 hear of, tenant shall pay to the landlord the sum of
$300,000 as rent of the premises from the effective date of January 1,
1994, to be due and payable in full on the effective date.
SECTION V. Article V, Section 5 of the lease is hereby deleted in its
entirety and replaced with the following language:
The tenant agrees to construct or obtain and install
at its sole cost and expense, the hangars, office space and other
equipment and improvements to comply with landlord's requirement as
specified in landlord's "request for proposals" dated August 14, 1986.
Tenant agrees to construct a building or buildings with hangar and
office space containing an aggregate minimum of 54,000 square feet of
hangar and office space. Construction of the hangar and office build-
ing(s) may be phased over the five year period measured from the effec-
tive date; provided, however, that the tenant shall commence construc-
tion of the first 39,000 square feet of hangar and office space within
twelve (12) months of the effective date. Should tenant fail to con-
struct an aggregate combined total of 54,000 square feet of hangar
space and office space on the premises within five years of the effec-
tive date, then (i) this lease shall terminate on the fifth anniversary
of the effective date with respect to the "additional development land"
as identified on Exhibit A-1, and (ii) this lease shall remain in full
force and effect with respect to the remaining portion of the premises.
87-231 - RESOLUTION - ACCEPTING DEDICATION OF RIGHT-OF-WAY FOR A PORTION
OF BATTLEFIELD PARKWAY IN THE EXETER PLANNED
RESIDENTIAL NEIGHBORHOOD
WHEREAS, the adopted Exeter Planned Residential Neighborhood includes
the construction of a portion of Battlefield Parkway and the dedication of
necessary right-of-way for the future construction of a grade-separated
interchange at the intersection of Battlefield Parkway and the Route 15
Bypass; and
WHEREAS, the first section of Battlefield Parkway in Exeter and
Fieldstone Drive in Exeter are under construction in conjunction with the
Fieldstone apartments to provide access to this project; and
WHEREAS, the Virginia Department of Transportation has confirmed that
the land to be dedicated for the interchange is sufficient to accommodate
the interchange design:
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia
as follows:
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
SECTION I. Dedication of right-of-way for the first 1,108 feet of
Battlefield Parkway, a portion of Fieldstone Drive and the western half of
the future interchange of Battlefield Parkway and the Route 15 Bypass by
Richmond American Homes of Virginia, Inc. , as shown on a plat prepared by
Dewberry & Davis dated May 1987 is hereby accepted.
SECTION II. The Mayor is authorized to sign a deed of dedication on
behalf of the town for this right-of-way in a form approved by the town
attorney.
87-232 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE BOND AND APPROVING A MAINTENANCE
BOND FOR OFFSITE STORM DRAINAGE IMPROVEMENTS,
COUNTRY CLUB SUBDIVISION, SECTION IV
WHEREAS, Richmond American, the developer of Country Club Subdivision,
Section IV has completed offsite storm drainage improvements in accordance
with approved plans and town standards, and these have been inspected and
approved and the as-built drawings have been submitted and approved:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
and follows:
SECTION I. The cash performance bond from Richmond American in the
amount of $21,366. 95 is release, and a new cash bond for maintenance purpos-
es in the amount of $2, 137.00 is approved, and shall be in effect for a
period of one year from this date.
SECTION II. The release is contingent upon delivery of a properly
executed instrument conveying unto the town all such improvements and ease-
ments free of any liens or charges.
87-233 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON
PROPOSED ZONING MAP AMENDMENT #ZM-92 BRUCE
BROWNELL
RESOLVED by the Council of the Town of Leesburg in Virginia as fol-
lows: A notice of Public Hearing to consider rezoning application //ZM-92
by Bruce Brownell for revision of the Leesburg Zoning District Map to re-
zone from County R-1 to Town R-1, 8.0 acres of land bounded by Paxton Memo-
rial Home on the north, McCahill and Murphy on the south, Leesburg Joint
Venture on the east and the Catholic Diocese of Arlington on the West shall
be published in the Loudoun Times-Mirror on November 5, 1987, and November
12, 1987, for public hearing on November 25, 1987, at 7: 30 p.m. in the
Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia.
87-234 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED
ZONING MAP AMENDMENT //ZM-91 - HCMF PARTNERSHIP
RESOLVED by the Council of the Town of Leesburg in Virginia as fol-
lows: A Notice of Public Hearing to consider rezoning application //ZM-91
by the HCMF Partnership for revision of the Leesburg Zoning District Map to
rezone from Town R-1 to Town MC, 1.2 acres of land bounded by Kirkpatrick,
Myers and Charthen on the north, Johnston and Flemming on the south, Heri-
tage Hall (HCMF Partnership) on the east and Morven Park Road on the west
shall be published in the Loudoun Times-Mirror on November 5, 1987, at 7:30
p.m. in the Council Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia.
87-235 - RESOLUTION - AUTHORIZING A PUBLIC HEARING REGARDING A REDUCED
BUSINESS LICENSE FEE FOR MASSAGE TECHNICIANS
WHEREAS, Section 17-78 of the Town Code establishes a $5,000 annual
license tax for massage parlors; and
WHEREAS, this Council has received letters from physicians, social
workers and other health care professionals supporting a change in town
regulations and fees to permit therapeutic massage; and
WHEREAS, Leesburg's current massage parlor tax effectively prohibits
the legitimate administration of massage therapy outside of a hospital,
medical or nursing home setting; and
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
WHEREAS, any change in Article 2 of Chapter 17 of the Town Code re-
quires a prior public hearing:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
A Notice of Public Hearing on an amendment to Section 17-78 of the Town
Code to reduce the business license tax for massage parlors from $5,000 to
$20.00 plus 0.20% of gross receipts shall be published in the Loudoun
Times-Mirror on November 5, 1987, for a public hearing on November 25,
1987, at 7:30 P.M. , in the Council Chambers, 10 Loudoun St. , S.W. ,
Leesburg, VA.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
On motion by Mr. Kelley and duly seconded, the resolutions authorizing
a contract with Scharf-Godfrey, Inc. , for estimating services for the munic-
ipal government center complex and approving a pump and haul permit for the
proposed Etablissement Forestier Office Building adjacent to the Euram
Furniture Center, with conditions were referred back to the appropriate
committees
On motion by Mr. Kelley seconded by Mr. Clem, the following resolution
was proposed and unanimously adopted:
87-236 - RESOLUTION - AUTHORIZING THE TOWN OF LEESBURG'S CONSENT TO A
REIMBURSEMENT AGREEMENT BETWEEN CLPS LEESBURG
JOINT VENTURE AND PURCHASERS OF PARCELS WITHIN THE
POTOMAC CROSSING PLANNED DEVELOPMENT
WHEREAS, Council Resolution No. 87-45, adopted March 11, 1987, author-
ized the manager to sign a sewer construction agreement for the Cattail
' Branch sewer service area, hereinafter referred to as Cattail Branch Sewer
Club Agreement; and
WHEREAS, the Potomac Crossing planned development represents an inte-
gral part of the Cattail Branch Sewer Club Agreement; and
WHEREAS, CLPS Leesburg Joint Venture, seller hereafter, desires to keep
in place existing contracts of sale for parcels within the Potomac Crossing
planned development; and
WHEREAS, the proposed Cattail Branch Sewer Club Agreement conflicts
with certain elements of the aforementioned contracts; and
WHEREAS, the seller desires to clarify its rights and obligations under
the Cattail Branch Sewer Club Agreement and to establish a method by which
purchasers shall reimburse seller for its payments to Pinnacle under the
Cattail Branch Sewer Club Agreement; and
WHEREAS, the reimbursement agreement attached with a memorandum to the
Council dated October 16, 1987, requires the consent of the Town of
Leesburg; and
WHEREAS, the proposed reimbursement agreement will improve the town's
cash flow with respect to the receipt of availability fees within Potomac
Crossing:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager is authorized and directed to sign the sewer reimbursement
agreement transmitted to the Council by memorandum dated October 16, 1987,
subject to technical amendments approved by the town attorney, which said
signature shall evidence the town' s consent to the agreement.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
On recommendation by Mr. Clem, and after lengthy discussion concerning
the petitioners paragraph, the resolution to adopt a cover sheet for Coun-
cil agendas was referred back to committee for further consideration.
87-237 - RESOLUTION - INITIATING AMENDMENTS TO THE ZONING ORDINANCE
REGARDING SUPPLEMENTAL USE REGULATIONS
On motion by Mr. Kelley, seconded by Mr. Tolbert, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, the objectives of the adopted Town Plan include revision of
the town zoning ordinance; and
WHEREAS, it is necessary to consolidate the supplemental use regula-
tions of the Leesburg Zoning Ordinance and the Loudoun County Zoning Ordi-
nance as adopted and administered by the Town of Leesburg:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A comprehensive amendment of Sections 8-2-10(b) and
10-5(b)3 of the Leesburg Zoning Ordinance and portions of Articles 6 and 10
of the Loudoun County Zoning Ordinance as adopted and administered by the
town is hereby initiated, as set out in the "Draft Supplemental Use Regula-
tions" dated October 5, 1987.
SECTION II. This amendment upon its adoption shall replace Sections
8-2-10(b) and 10-5(b)3 of the Leesburg Zoning Ordinance and parts of Arti-
cles 6 and 10 of the Loudoun County Zoning Ordinance as adopted and adminis-
tered by the town.
SECTION III. The Planning Commission shall conduct a public hearing as
soon as permitted by law and shall report its recommendation on the pro-
posed amendment to the Town Council within 90 days of its public hearing.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
87-238 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO PURCHASE TWO DUMP
TRUCKS AND ONE 1/2 TON PICK-UP TRUCK
On motion by Mr. Kelley seconded by Mr. Clem, the following resolution
was proposed and unanimously adopted as amended by Mr. York
WHEREAS, bids were requested for the purchase of two dump trucks and
one 1/2 ton pick-up truck; and
WHEREAS, the low bidder for the dump trucks was Leesburg Ford of
Leesburg, Virginia; and
WHEREAS, the low bidder for the 1/2 ton pick-up truck was Star Pontiac-
GMC, Inc. , of Leesburg, Virginia:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Town Manager shall purchase two dump trucks from
Leesburg Ford of Leesburg, Virginia, for an amount not to exceed $60,714.42.
SECTION II. The Town Manager shall purchase one pick-up truck from
Star Pontiac-GMC, Inc. , of Leesburg, Virginia, for an amount not to exceed
$11, 135.33.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
jai
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 28, 1987
87-239 - RESOLUTION - RECEIVING AND REFERRING THE APPLICATION OF NORTH
LEE DEVELOPMENT ASSOCIATION LIMITED PARTNERSHIP
FOR THE REVISION OF THE ZONING DISTRICT MAP TO THE
PLANNING COMMISSION FOR PUBLIC HEARING UNDER CHAP-
TER 11, TITLE 15. 1 OF THE CODE OF VIRGINIA, AS
AMENDED
On motion by Mr. Kelley seconded by Mr. Leach, the following resolution
was proposed and unanimously adopted:
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The application of North Lee Development Association Limited Partner-
ship for revision of the Zoning District Map, assigned No. ZM-97 is re-
ceived and referred to the Planning Commission for public hearing and recom-
mendation under Chapter 11, Title 15. 1 of the Code of Virginia, as amended.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams
and Mayor Sevila
Nay: None
87-240 - RESOLUTION - AUTHORIZING AN AGREEMENT, APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEMENTS
AND APPROVING WATER AND SEWER EXTENSIONS FOR
TAVISTOCK FARMS, SECTIONS 1 AND 7
On motion by Mr. Kelley seconded by Mr. Tolbert the following resolu-
tion was proposed and unanimously adopted as amended:
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 Tavistock Farms General Partnership,
Woodbridge, Virginia, for installation of public improvements shown on the
I
plans approved by the Director of Engineering for Tavistock Farms, Sections
1 and 7.
SECTION II. The extension of municipal water and sewer works for
Tavistock Farms, .Sections 1 and 7 is approved in accordance with Section
15-9 and 19-18 of the Town Code. .
SECTION III. An irrevocable bank letter of credit in a form approved
• by the town attorney from Perpetual Savings Bank in the amount of the esti-
mated cost of the public improvements, as determined by the Director of
Engineering, is approved as security to guarantee installation of public
improvements shown on plans approved by the Director of Engineering for
Tavistock Farms, Sections 1 and 7.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert, Williams and
Mayor Sevila
Nay: None
On motion by Mr. Williams seconded by Mr. Kelley, the meeting was unani-
mously adjourned.
Mayor
,�.� a fI 4-,.f.--/Clerk of th' Council