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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. cA l l 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