HomeMy Public PortalAbout1988_03_23 304.
MINU'T'ES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
March 23, 1988
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia on March 23, 1988 at 7:30 p.m. The meeting was called to
order by the Mayor, with the invocation given by Councilmember Tolbert and the Salute to the Flag
by Councilmember Leach. Present were: Mayor Robert E. Sevila, Councilmembers James E. Clem,
Arl Curry, Brian Kelley, Hunter Leach and John W. Tolbert,Jr. Absent was Councilmember Williams.
Planning Commission members present included; Bill Webb, Mike Belles, Mervin Jackson, Reg Gheen
and Carl Johnson. Staff present included: Town Manager Jeffrey H. Minor, Assistant Town Manager
Steve Brown, Director of Planning, Zoning and Development Martha Mason Semmes and Deputy Town
Attorney Deborah Welsh.
Petitioners
Dr. George Poehlman addressed the Council explaining that Signature Homes is proposing a
9 lot development in.a 3.3 acre area located on the corner of Loudoun and Market Streets and at the
intersection of Morven Park Road. This is a'scenic area of Leesburg and the proposed development
mused a "ground swell" of discomfort to surrounding neighbors. It was felt, that it was incongruous
with the neighborhood. In reviewing the existing ordinances to find a standard to control this type of
development in this area, it became apparent that there is an oversight that developed in the issue of
set hacks.
He stated that it appears, that currently there is no ordinance controlling set backs in the Town
of Leesburg, except in the historic district. He noted correspondence written by Tom Poupard on
November 5, 1987, which states "there evidently has been a misunderstanding as to the action taken
by the Council in adopting the general regulations. An informal poll of the commissioners revealed that
it was not the understanding of the commission that the average set back rule would be repealed town-
wide, but rather that it was only a modification made within the historic district, but that in fact, the
newly adopted ordinance by the Town Council does repeal the average set back rule. This item will
be listed as an item for discussion at the next F&A Committee meet'
mgr'. Basically, Dr. Pcehlman
stated, that through an oversight the average or minimum set back requirement was rescinded. He
is appealing to the Council that with due hast, some effort be made to reinstate an average set back
to control and provide for orderly development in the Town of Leesburg.
Mayor Sevila stated that he attended the Comprehensive Planning Committee meeting of the
Planning Commission, whereby staff was directed to prepare a report on this item.
Mr. Hubbard Turner - addressed the Council stating that he understood that the approval of
Greenway Farms would be reviewed tonight. He explained that the developers of this project have been
most responsive to the concerns of the citizens and believes it will be a nice community. He addressed D
another concern, which is the total development within the Town of Leesburg. The only way to stop CO
development is to have the Toll Road align with Route 659 and terminate at Xerox. He believes this rn
would be absurd and thanks the Council for trying to get the town's transportation network in place. N
He is for the Toll Road coming to the Bypass and believes it will serve the best purpose for all of the
residents.
Mr. Kelley responded to Mr. Hubbard's comments by stating that he had the opportunity to
meet with Mr. William Allen, Vice President of Parsons Brinkerhoff. His firm is the potential private
builders of the Toll Road. Mr. Kelley was able to see the final alignments that Parsons, Brinkerhoff
is proposing and noted that the alignment does come to the Leesburg bypass.
Mayor Sevila stated that the Council supports the connection of the Toll Road to the Leesburg
bypass.
Certificates of Appreciation
Mayor Sevila presented a certificate of appreciation to Mrs. Vance Lee Fowler, on behalf of her
husband who served on the town's Environmental Advisory Commission for a four year period. Mr.
Fowler was one of the original appointees.
Mrs. Fowler stated on behalf of Mr. Fowler, that it was with great pleasure that he served on
this commission and he enjoyed very much serving under Mr. Tolbert and Burke McCahill He wishes
his best to the Town of Leesburg.
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Minutes of the Town Council meeting of March 23, 1988
PUBLIC HEARING - SPECIAL EXCEPTION #87-5 BY FORT BEAUREGARD ASSOCIATES.
Martha Semmes gave a brief staff report describing the location of the parcel of land as being
approximately 6 acres located behind the Old Town Condominiums on Loudoun Street. Because this
land is in a B-2 zoning district, the applicant must ask for special exception in order to have any
residential use on the property. The applicant is proposing a three story building which would have
commercial office use on the first floor and residential apartments on the second and third floors. This
includes a total of 179 multi-family units and 55,000 square feet of commercial office space. The
Planing Commission, on February 4, 1988, recommended denial of this application. The commission
did not oppose the idea of multi-family but had a concern with the mix of uses on the property and
the intensity of the mix of uses being proposed.
Mayor Sevila asked Ms. Semmes to summarize the Planning Commission's reason for denial.
Mrs. Semmes stated that the Planning Commission's concern was based on the total density of the
proposed commercial space and residential units being inappropriate for the site.
Bruce Brownell, the applicant addressed the Council giving a brief history of the property. He
stated that the property was purchased in the spring of 1986. The property was purchased because it
was zoned B-2, which allows a broad range of possibilities and because Mr. Brownell wanted to make
sure that the property was developed in a positive way. Shortly after purchase of the property, the
applicant filed a special exception and almost immediately ran into an administrative roadblock Three
acres are located in the floodplain making it difficult to act on the application until the floodplain issue
was resolved. A fairly exhaustive floodplain study and a redesign of the channel was done. This
information was filed with the town approximately a half a year ago. For a number of reasons this
application did not progress. Of the various uses that could occur on this property, Mr. Brownell
believes that commercial is the least best thing to have. There are some significant advantages to a
residential use in this area, they are particularly appropriate to the elderly people. The property is close
to services and does not require any new roads. The concept of a mixed use is the character of
downtown Leesburg. Many of the older buildings in town are mixed use and the Town Plan reinforces
mixed use as a continuation. There are a significant amount of controls that the town has over what
could be done on this property. Mr. Brownell believes that anything that the Council can do that will
encourage a residential use in the downtown area, is good. People are what create a community, not
buildings. If the Council believes that residential use is appropriate downtown and appropriate in this
location, then Mr. Brownell requests that the Council give permission to build residential within the
limits of the zoning ordinance.
Mr. Clem reminded Mr. Brownell about the fire siren at the nearby fire station. Mr. Brownell
stated that the siren was a significant concern of residents, when the Chesterfield development first
began, but has actually not been a problem with the residents of Chesterfield. Mr. Clem asked if
Chesterfield would be connected to a street, stating that there is a serious problem in Chesterfield, in
that, a fire truck cannot maneuver in this development. Mr. Brownell stated he was not aware of a
problem and that it was possible to provide an emergency connection. Mr. Clem asked Mr. Brownell
to consider these problems.
On motion of Mr. Curry, seconded by Mr. Clem, Special Exception #87-5 was referred to the
Finance and Administration Committee meeting of April 5, 1988 for further consideration.
Aye: Councilmember Clem, Curry, Kelley, Leach, Tolbert and Sevila
Nay. None
JOINT PUBLIC HEARING - ON AMENDMENTS TO THE LEESBURG ZONING ORDINANCE
REGARDING REVIEW PERIODS AND LOT SI7,F'S FOR PLANNED DEVELOPMENTS.
Martha Semmes briefed the Council stating that the towns present planned development
regulations specify the review times for various parts of the planned development process. The planned
development ordinance is what controls the rezoning of planned developments within the town. The
review times differ significantly in some cases from what the town is permitted to have as a review
time under the State code, specifically, the time requirements are a lot less. Staff is not able to meet
the more restrictive dead lines that the town has placed upon itself in the inning nrdinantw- Purine
discussions with the Planning Commission and Council, there was a general consensus, that staff
needed to come up with an amendment to the ordinance that would change the review times to be
more in line with state law.
Another section of the ordinance has been changed, which came from Council and Planning
Commission discussions, regarding minimum lot sizes specified within planned developments.
Currently, the minimum lot sizes are fairly small compared to the traditional development that has
occurred in Leesburg. Staff is proposing to increase the lot size for single-family detached dwellings
within a planned development from 6000 square foot minimum to 8000 square foot minimum. The lot
width would change from 50 feet to 65 feet. An average lot area of 9000 square feet would be added,
for single-family detached dwellings. Staff is removing a single-family cluster category of 5000 square
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feet lot size and amending the single-family townhouse lot size from 1200 square feet minimum to 1600
square feet. The minimum lot width would be changed from 12 feet to 16 feet. This summarizes the
major changes to the ordinance.
The Planning Commission will consider these changes at the Zoning Committee meeting of April
14, 1988 with a report to Council for consideration at the first Finance and Administration Committee
meeting in May.
On motion of Mr. Kelley, seconded by Mr. Clem, this item is referred to the April 14, 1988
Zoning Committee meeting for further consideration.
Aye: Councilmember Clem, Curry, Kelley, Leach Tolbert and Mayor Sevila.
Nay: None
This concluded the scheduled public hearings.
Councilmember Comments
Mr. Leach had no comments.
Mr. Clem reported on the Airport Commission meeting. He said that Mr. Haynes of Janelle
Aviation stated that for the first time since he has been at the airport, this year the airport will turn
a profit. Bob Ebney informed the Airport Commission that the airport users have organized a group
with a charter, have elected officers and are participating in the Airport Commission meetings. Mr.
Clem noted that there is approximately $13 million available in state grants. Mr. Caulkins and Steve
Brown prepared a report, comparing the airports increase in fees and found that the fees are
comparable to neighboring jurisdictions.
Mr. Curry reported that the Planning Commission met on Thursday and the only item for
action was the Leesburg Ford Repair Shop.
Mr. Kelley had no comments.
Mr. Tolbert reported on the Environmental Advisory Commission meeting. There was 100%
attendance. The major topic at this meeting was trees.
Mayor's Report there were no items reported at this time.
Manager's Report
Mr. Minor noted that the Council did receive the written Activity Report on Monday. He
welcomed John Johnson, the town's new planner II. Mr. Johnson has over 13 years of experience in
sight plan, design and planning. He most recently worked in the engineering and planning office of
Patton, Harris, Rust & Associates.
The Policeman of Year Award was announced and the town is happy to learn that Corporal QJ
Chris Jones received this years award from the Leesburg Kiwanis Club. m
Legislation (v
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On motion of Mr. Kelley, seconded by Mr. Leach, the following items were considered as
consent items and unanimously adopted.
88-0-9 -ORDINANCE - ADOPTING AN AMENDMENT TO THE TOWN CODE OF LEESBURG
REGARDING MINIMUM CLEARANCE OF PROJECTING OBJECTS
WHEREAS, the current Town Code provisions regarding projections over street rights-if-way
unduly restrict the location of awnings and awning signs; and
WHEREAS, the existing requirement of nine feet of alettram-a above the sidewalk is exressive;
and
WHEREAS, public safety and convenience can be adequately protected by a minimum clearance
requirement of seven feet, six inches:
THEREFORE, ORDAINED by the Council of the Town of
Leesburg in Virginia as follows:
SECTION I. An amendment of Article II,Section 18.37(d) is hereby adopted to read as follows:
(d) One graphic per street entrance into a building may announce activities
conducted on the premises, may project not more than three and one-
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Minutes of the regular Town Council meeting of March 23, 1988 _ea( i
half feet, shag have a minimum clearance of sine--feet seven feet, sin
inches above the sidewalk, shall not exceed 10 square feet in area and
shall project perpendicularly from the building wall, provided the total
area of all projecting graphics shall not exceed in area 10 square feet
plus one square foot for each four lineal feet of building frontage.
SECTION II. This ordinance shall be in effect upon its passage.
SECTION III. AM ordinances and resolutions in conflict herewith are repealed.
88-0-10 - QRDINANCE . READOPTING THE LEESBURG FIRE CODE WITH AMENDMENTS
WHEREAS, the Town of Leesburg adopted the Statewide Fire Prevention
Code promulgated by the State Board of Housing and Community Development
effective March 1 , 1988; and
WHEREAS, this Council desires to strengthen regulations for open
burning, fire lane enforcement , fire hazard inspections, smoke detectors,
as well as the use of barbecue devices in multi-family housing units; and
WHEREAS, prior sections of the Town Code governing these regulations
exceed the provisions of the statewide fire prevention code; and
WHEREAS, this Council desires to readopt prior Town Code sections which
establish these regulations:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SEEECTION I. Chapter 7 of the Town Code is amended to read as follows:
Chapter 7
FIRE PREVENTION CODE
ARTICLE I IN GENERAL
Sec. 7-1 . Regulations adopted.
The statewide fire prevention code, as promulgated by the State
Board of Housing and Community Development , and as same may be amended
from time-to-time , is hereby adopted and incorporated herein by
reference and made a part hereof as if fully set out in this code.
This code shall be known as the "Leesburg Fire Code".
Sec. 7-2. Enforcement and administration.
The Loudoun County Department of Fire-Rescue and Emergency
Services is named as the enforcement agent pursuant to Section 27-98 of the
1950 Code of Virginia, as amended, for the Leesburg Fire Prevention Code
and the fire marshal of Loudoun County; Virginia, is authorized to
establish such procedures and requirements as may be necessary for the
administration and enforcement of this chapter.
Sec. 7-3. Certain inspections authorized by Leesburg Fire Volunteer
Company Members.
(a) In order to ensure that the required frequency of fire prevention
inspections is 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 are members in good.
standing of said company, shall be designed as fire marshal assistants
pursuant to Section 27-36 of the 1950 Code of Virginia, as amended, for
purposes of inspections authorized under this chapter. In the performance
of their duties the fire chief and his assistants shall be properly
uniformed and shall carry proper identification. The fire chief shall
coordinate inspections under this section with the fire marshal. Copies of
all inspection reports shall be furnished to the fire marshals office and i,-u'
all dangerous and hazardous conditions as defined in this chapter shall be
reported to the fire marshal's office within 24 hours.
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Minutes of the regular Town Council meeting of March 23, 1988
(b) The fire chief and his assistants, before performing any
inspections herein shall 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.
Sec. 7-4. 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
ascertaining and causing to be corrected any conditions liable to
cause fire or 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 months.
(3) Multiple dwellings - at least once every six months.
(4) Institutions and schools - at least once every three months.
(5) Office buildings - at least once every six months.
(6) Commercial, mercantile, storage and industrial buildings in
closely built up areas, or with high hazard occupancy - at
Least once every three months,
(7) All others - at least once every six months.
ARTICLE II PRECAUTIONS AGAINST FIRE-GENERAL
Sec. 7-5. Open burning generally.
(a) No owner shall cause, suffer, allow or permit open burning
- of refuse or other material, except as provided in this section. No
owner shall conduct salvage operations by open burning.
(b) Open fires may be set when approved for one or more of the
following reasons:
(1) For the prevention of a hazard which cannot be abated by
any other means.
(2) For the instruction of firefighters or industrial employees. CID
(3) For the protection of public health. •
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(4) For recognized practices of agriculture, including the N
burning of fence rows, diseased trees, brush or weeds.
(5) For recognized practices of reforestation, when such
burning is undertaken in compliance with existing forestry
practices.
(c) Open fires may be used for cooking food; recreational purposes;
ceremonial occasions , and the operation of craft exhibits and pageants of
historical significance.
(d) Salamanders or other devices providing good combustion may be
usea for heating by construction or other workers, provided no smoke
violation or other nuisance is created.
(e) In those areas where provision for public collection of leaves is
not available, the open burning of leaves is permitted in wire baskets or
other containers designed to provide good combustion.
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Minutes of the regular Town Council meeting of March 23, 1988
Sec. 7-6. Operation p of barbecue devices prohibited - multi-family
dwellings. 1
No barbecue grill, charcoal brazier or hibachi of any variety,
flammable liquid, liquified gas or charcoal 'shall be ignited to be used
on balconies of multi-family dwellings, nor within fifteen feet of the
ground floor exterior wall of multi-family dwelling unit with an
overhead balcony.
For the purpose of this section the term multi-family dwelling shall
be as defined in the Zoning Ordinance. UL approved electric grills may
be operated in conjunction with the restrictions listed in the Code.
Multi-family dwelling owners and/or condominium associations, whichever
is appropriate, shall post signs at each building notifying residents that
barbecue devices are prohibited pursuant to this section.
ARTICLE III FIRE LANES
Sec. 7-7. Designation.
(a) When deemed necessary, the fire marshal shall designate fire
lanes on public streets , roads or private property used for commercial,
industrial, education or apartment purposes. IlSuch fire lanes shall be
for the purpose of regulating parking in front of or adjacent to fire
hydrants and for access by fire fighting equipment.
(b) A fire lane may be designated wherelit is desirable that certain
road areas and building access and egress fadilities be kept clear for
fire department or ambulance emergency equipment and other equipment
provided for fire protection.
Sec. 7-8. Marking; signs.
(a) Marking and/or approved signs to designate fire lanes shall be
provided by the owner or agents of the properity involved, under
guidelines as set up by the fire marshal.
(b) Fire lane signs shall conform to the' following:
(1) Metal construction approximately, 12" x 18".
(2) Red letters on white backgroundlwith 3/8" red trim strip
around entire outer edge of sigh.
(3) Lettering to be "No Parking or Standing" "Fire Lane".
(4) Arrows on signs to point and indicate area designated.
(5) Lettering size as follows:
No Parking 2"
or 1"
Standing 2"
Fire Lane 2 1/2'1
Arrows - Directional 1" soiid
Sec. 7-9. Parking in or obstructing firelllanes.
(a) The parking of vehicles " in or otherwise obstructing areas
designated and marked or signed under this ariticle is hereby prohibited.
(b) Any person violating the provisions I this section shall, •
upon
conviction thereof, be punished by a fine of not less than $25.00 nor
more than $50.00 fur each offense.
(c) Any person may settle and compromise a violation of this
sectionby paying to the municipality the sum of $25.00 before the next
court date, which date's are on the first and third Mondays of each
month at 2:00 P.M.
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ARTICLE IV SMOKE DETECTORS •
Sec. 7-10. Smoke detectors required.
(a) The owner thereof shall install, service, repair or replace
smoke detectors in locations specified in the Virginia Uniform
Statewide Building Code in the following structures or buildings
constructed prior to the adoption of the Uniform Statewide Building
Code:
(1) Any building containing one or more dwelling units;
(2) Any hotel or motel regularly used, offered for, or intended
to be used to provide overnight sleeping accommodations for one
or more persons;
(3) Rooming houses regularly used, offered for, or intended to
be used to provide overnight sleeping accommodations.
(4) Smoke detectors shall be installed in all common areas,
hallways and stairwells described in (1) , (2) or (3) above and
shall be installed in accordance with Section 1716.6 (Distances)
of the building code, but in no instances shall the distance
exceed 200 feet between detectors and they shall be effectively
heard above all other sounds by all occupants in every occupied
space within such building.
(b) "Smoke detectors," when used in this article, shall mean battery-
operated or alternating current powered devices capable of sensing
visible or invisible products of combustion that sound an audible alarm
and satisfying the requirements of the 30CA Basic 3uilding Code for
smoke detectors.
Sec. 7-11 . Responsibilities of owner and/or tenant .
(a) The owner of a dwelling unit, which is rented or leased shall
furnish the tenant , at the beginning of each tenancy and at Least
annually thereafter, with written certification that all smoke detectors
required by Section 7-10 have been inspected and are in good working
order.
(b) The tenant shall be responsible for reasonable care of the smoke
detectors and for interim testing and for providing written notice to the
owner for repair of any malfunctioning smoke detector. The owner shall
be obligated to provide and pay for service, repair or replacement of any D
malfunctioning smoke detector. Such service, repair or replacement must OJ
occur within five days of receipt of written notice from the tenant that
a smoke detector is in need of repair. N
(c) The owner of a dwelling unit , which is rented or leased shall
provide written notification to the tenant of the responsibilities and
duties imposed by paragraph (b) of this section.
Sec. 7-12 . Exemption.
Anv building containing fewer than four dwelling units, and which was
not in compliance with this chapter on July 1 , 1984, shall be exempted
from the requirements of this chapter until such a time as that building
or any dwelling unit located therein, is sole or is rented to another
person.
SECTION II. All ordinances in conflict herein are repealed.
SECTION III. This ordinance shall be in full force from and after its
passage.
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Minutes of the regular Town Council meeting of March 23, 1988
88-58 - RESOLUTION- AUTHORIZING LEESBURG'S PARTICIPATION IN THE ESTABLISHMENT
OF AN INDEPENDENT POLICY BOARD FOR THE BULL RUN ALCOHOL SAFETY
ACTION PROGRAM
WHEREAS, the Commonwealth of Virginia in the interest of highway safety has provided by
law programs for probation, education, and rehabilitation of persons charged with driving motor vehicles
under the influence of alcoholic beverages and other self-administereddrud such
111 collectively known as Virginia Alcohol Safety Action Program or VASAP; programs being
WHEREAS, since 1979, one of those programs known as Bull Run ASAP has been serving the
County of Prince William and the Towns and Cities of Manassas, Manassas Par Dumfries,
Quantico,
Haymarket, and Occoquaand since 1982 has been serving the County of Loudoun and the
n; Towns of
Leesburg, Purcellville, and Middleburg, providing probation, education, and rehabilitation of persons
charged in violation of Virginia Code Section 18.2-266; and
WHEREAS, Section 18.2-271.2, Code of Virginia, establishes a Commission on VASAP, said
Commission to establish procedures for the operation of local VASAP programs, and on April 3, 1987,
said Commission issued directives that all local VASAP programs would establish and implement an
independent Policy Board, representatives of localities served, to operate the program
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Leesburg hereby becomes a participating locality in the Bull Run Alcohol Safety Action Program,
pursuant to Virginia Code Sections 15.1-21 and 18.2-271.1, endorsing the establishment of an
independent Policy Board, and agreeing to the following:
1. The Board may consist of up to fifteen ( 15) members. One person
appointed by the governing body of each participating jurisdiction for a
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term of at least two (2) years.
2. Other members of the Board shall be selected by majority vote of
appointed members to serve terms of one (1) year each and shall include
persons representing education, police, courts and citizens.
3. The Program shall be operated by the Board in compliance with the
VASAP Commission Policies and Procedures and in conjunction with
requirements of the local administrative and fiscal agency.
4. Each fiscal year, the Program Director shall prepare and submit for
approval to the Board, and local fiscal agent, a budget to include client
fees and any other available funds as deemed appropriate by the Board, but
will include no cost to the participating jurisdictions. The VASAP
Commission shall be responsible for funding any deficit occurring in the
operation of the Bull Run ASAP Program.
5. This agreement shall remain in effect continuously from year to
year until termination. Participating cities or• counties may withdraw at
any time by official action of the governing body and after ninety (90)
days written notice to the Board. If a locality withdraws, its
representatives shall no longer serve on the Board.
6. Title of property acquired by the Board shall be vested with the
Board so long as two or more local jurisdictions. continue to participate in
its operation. In the event that all local units of government withdraw
and the Commission on VASAP withdraws its endorsement, the property owned
by the Board shall be disposed of in accordance with the then applicable
provisions of the Code of Virginia, and upon, if'necessary, the advice of
the Attorney General's office and/or Circuit Court.
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Minutes of the regular Town Council meeting of March 23, 1988
88-59 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR
LOUDOUN COUNTY SANITATION AUTHORITY
WHEREAS, The Loudoun County Sanitation Authority has completed their new office building
on Harrison Street at Rockbridge Drive and the associated public improvements in accordance with
approved plans and town standards, and these have been inspected and approved:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The irrevocable bank letter of credit from Sovran Bank of Virginia in the amount
of $25,684.00 is released, and a new guarantee in a form approved by the Town Attorney for
maintenance purposes in the amount of$1,284.00 is approved, and shall be in effect for a period of one
year.
SECTION II. This release is contingent upon delivery of a properly executed instrument
conveying unto the town all such improvements and easements free of any liens or charges and
acceptable As-built drawings.
88-60 - RESOLUTION - AMENDING RESOLUTION NO. 88-32, ACCEPTING PUBLIC
IMPROVEMENTS, RELEASING THE PERFORMANCE BOND AND APPROVING A
MAINTENANCE BOND FOR PUBLIC IMPROVEMENTS, EXETER HILLS
SUBDIVISION,SECTION IV
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A cash bond in the amount of $9,663.00 is approved as a substitute for the
irrevocable letter of credit from Providence Savings and Loan Association of Vienna, Virginia for the
maintenance guarantee.
SECTION U. The $2,000.00 surety for maintenance of the stormwater detention pond is
changed to $2,500.00 to conform to the terms of the stormwater detention maintenance agreement.
88-61 - RESOLUTION - ADVERTISING THE COUNCIL'S INTENT TO ENACT REVISED
AVAILABILITY FEES FOR NEW WATER AND SEWER CONNECTIONS
WHEREAS, BCM Potomac, Inc., prepared the original plans and specifications for construction
of the 2.5 MGD Water Treatment Plant and was the construction management engineer throughout
project completion; and
WHEREAS, the original design included considerations for expansion to 5.0 MGD at a future
date; and
WHEREAS, this contract is being awarded as a sole-source procurement, pursuant to Section
8.4 of the town's purchasing policy, in that, a determination has been made that BCM Potomac, Inc.,
is pro the only source practicably available for providing comprehensive engineering services relating to this PI
ject;
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THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager is authorized and directed to enter into a cost plus fixed fee contract on behalf
of the town, in a form approved by the town attorney with BCM Potomac, Inc., in the amount of
$42,765.00 for engineering and design services for the expansion/upgrade of the Water Treatment Plan.
88-62 - RESOLUTION- AUTHORIZING A PUBLIC HEARING FOR #71(-82-ENGLE/DELASHMUTT
RESOLVED, by the Council of the Town of Leesburgin
Virginia as follows:
A Notice of Public Hearing to consider rezoning application 4172A-8a by Engle/DeIashmutt to
rezone 7.59 acres of land located east of Sycolin Road at its intersection with the Route 15 Bypass from
County R-1 and R-2 County PD-CH shall be published in the Loudoun Times-Mirror. The notice shall
be published on April 28, and May 5, 1988, for public hearing on May 11, 1988, at 7:30 pa, in the
Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia.
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88-63 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR #ZM-97 BY NORTH LEE
DEVELOPMENT ASSOCIATES
RESOLVED, by the Council of the Town of Leesburg in Virginia as follows:
A Notice of Public Hearing to consider rezoning application #ZM-97 by North Lee Development
Associates to rezone 5.3 acres of land located east of the Route 15 Bypass and north of Edwards Ferry
Road Extended from County R-1 to County PD-SC shall be published in the Loudoun Times-Mirror.
The notice shall be published on April 28, and May 5, X1988, for public hearing on May 11, 1988, at
7:30 p.m., in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila.
Nay: None
On motion of Mr. Curry, 1
seconded by Mr. Tolbertthe following ordinance was proposed and
unanimously adopted.
88-0-11 - ORDINANCE - APPROVING A CONCEPT PLAN AND PRELIMINARY DEVELOPMENT
PLAN AND AMENDING THE TOWN PLAN AND ZONING DISTRICT MAP AND
APPROVING A SPECIAL USE PERMIT FOR #ZM-90 - GREENWAY FARMS
PARTNERSHIP
•
WHEREAS, an application for Concept Plan approval and amendment of the Town Plan
pursuant to Section 7B-7 of the Planned Development Ordinance was submitted by Greenway Farms
Partnership on April 16, 1987, for 169 acres of land located on the west side of South King Street,
south of the Country Club Subdivision; and
WHEREAS, this application was combined on May 18, 1987, with an application for Preliminary
Development Plan approval and amendment of the zoning district map to rezone the parcel from
County R-1 to the Planned Residential Neighborhood district, pursuant to Section 78.8 of the Planned
Development Ordinance, including a request for a special use permit for a day care facility; and
WHEREAS, the Planning Commission held a public hearing on the combined applications on
August 6, 1987; and
IWHEREAS, the Planning Commission on August 20, 1987, recommended to Council approval
of the applications subject to the draft proffers submitted i by the applicant and a number of additional
conditions; and
WHEREAS, the Town Council held a public hearing on the combined applications on December
9, 1987, prior to which a signed, notarized proffer statement was submitted by the applicant and the
property owners; and
WHEREAS, the applicant subsequently amended the plans and proffer statement which do not
increase the intensity of the proposed rezoning and result in greater public benefits; and
WHEREAS, these applications and subsequent amendments were referred to Loudoun County
for comment on May 23 and 26, 1987, and on February 8, 1988, pursuant to the 1982 Annexation
Agreement between the County and the Town; and
WHEREAS, this Council finds the proposed applications to be in conformance with the Town
Plan and in the best interest of the public health, safety, welfare, convenience and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Concept Plan for the Greenway planned residential neighborhood dated April
3, 1987, as revised through March 8, 1988, by Dewberry & Davis Engineers, is hereby approved and
the Town Plan is hereby amended in accordance with this plan.
SECTION II. Rezoning Application #ZM-90 and the Preliminary Development. Than for the
Cr!ccway Planned Residential Neighborhood acted May 1, 1987, as last revised on March 15, 1988,
prepared by Dewberry and Davis Engineers, is hereby approved and the Leesburg Zoning Ordinance
is amended to revise the Zoning District Map to change from County R-1 to Planned Residential
Neighborhood (PRN) 168.75 acres of land located on the west side of South King Street, bounded by
the Country Club Subdivision and land of James F. Tyler•on the north, and land of NV Land on the
west and south, in accordance with the boundary plat prepared by Bengtson, DeBell, Elkin and Titus
dated October 24, 1986, as revised through October 31, 1986, submitted as part of the application;
subject, however, to the following conditions proffered in writing by the applicant and property owners
in accordance with Section 15.1-491(a) of the 1950 Code of Virginia, as amended:
1
346 Minutes of the regular Town Council meeting of March 23, 1988
1 . Applicant shall dedicate in fee simple (free and clear of liens) and
construct the on-site public streets and turn lanes at the entrances on
Route 15 generally as shown on the submitted Preliminary Development
Plan (Exhibit "A") in accordance with the Virginia Department of
Transportation and Town of Leesburg Standards. Dedication of the
right-of-way shall be as shown on Exhibit "A," and will occur at time
of Record Plat Subdivision Approval of each section of the subject
property. Construction of such streets shall occur in accordance with
the phasing shown on Exhibit "A". Signalization of the southerly
entrance on Route 15 shall be the responsibility of Applicant when the
entrance meets the warrants established by the Virginia Department of
Transportation.
2. Development of the subject property shall be in general conformity with
the Preliminary Development Plan attached hereto as Exhibit "A", and
made a part hereof, which shall control the general layout, density,
housing type, and general configuration of the subject property, as
well as the general architectural design and materials for the project,
with reasonable allowance to be made for engineering and design altera-
tion at the time of actual subdivision and/or site plan approvals.
3. In relation to construction of Nickels ,Drive, Applicant will create and
bear all costs associated with construction of a temporary on-site
access for construction traffic as is shown on Exhibit "A", and will
not utilize Bradfield Drive for such construction access until the
construction of Nickels Drive is completed.
4. The Applicant, or its successor in interest, agrees to contribute up to
the aggregate sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) (based
on the projected number of FIVE HUNDRED (500) residential units), under
the terms and conditions stated hereinafter as its pro rata share
toward the construction of off-site transportation improvements which
Applicant hereby agrees benefits the subject property. The Applicant's
donation shall be in the-form of cash contributions equalling ONE
THOUSAND DOLLARS ($1 ,000.00) per residential unit actually developed on
the subject property, which funds shall be paid into an escrow account
established by the Town of Leesburg for the specific purpose of
financing construction of such transportation improvements. The
Applicant, or any successor in interestlto the Applicant, shall make
said payments to the Town of Leesburg for each residential unit prior
to receipt of zoning permits for construction of individual residential
units on the subject property. Any improvements to Route 15, other
than turn lanes, acceleration and deceleration lanes, and signalization
for the southerly entrance to Route 15, which are constructed or paid
for by the Applicant, or its successors in interest, shall be credited W
against the contributions otherwise required pursuant to this Paragraph rn
(4).
5. Applicant agrees that prior to obtaining zoning permits for individual
residential units to be constructed on the subject property, Applicant,
or its successors in interest, will pay unto the Town of Leesburg the
total sum of FIFTY DOLLARS ($50.00) per residential unit as a donation
to the volunteer fire and rescue facilities providing service to the
subject property, which monies will be provided by the Town to the
appropriate volunteer fire and rescue facilities.
6. Applicant, or its successors in interest, agree that prior to obtaining
zoning permits for individual residential units on the subject property,
it will make a cash donation to the Town in the amount of ONE HUNDRED
DOLLARS ($100.00) for each residential unit on which a zoning permit is
drawn, such payments to be placed by the Town in a fund for the improve-
ment of the Ida Lee Community Park.
4 G
Minutes of the regular Town Council meeting of March 23, 1988 -50S 7
7. Applicant agrees that it will donate to the Town, free and clear of
all liens and encumbrances, an area of land composed of approximately
6.0 acres, the location of which is more particularly designated on the
attached Exhibit "A" as the "Library or Other Public Facility Site".
This property will be conveyed to the Town for a library, fire, police,
or public recreational use permissible under the Town PRN zoning
category. Conveyance to the Town of the property, together with
construction access at the boundary of this property, will occur at the
earliest time possible consistent with the creation of this lot as a
legal transferable entity under the appropriate Town Zoning/Subdivision
Ordinances. Applicant agrees that upon approval of this rezoning, it
will diligently pursue creation of a legally transferable lot for
purposes of conveyance to the Town, and that within six (6) months of
approval of the subdivision creating such lot, the Applicant will
provide utilities and public road access at the boundary of the pro-
perty. The deed of conveyance to the Town will provide for retention by
the Applicant, or its successors, of reasonable utility and/or drainage
easements along and across the site to accommodate development plans of
the Applicant.
8. Applicant, or its successcr in interest, agrees to contribute up to the
aggregate sum of FIFTY THOUSAND DOLLARS[ ($50,000.00) for the design and
materials for construction of a community tot lot facility on a portion
of the open space portion of the subject property. Design of the tot
lot facility shall be provided by the applicant and shall be similar to
a facility presently constructed in the Town. of Hamilton, Virginia.
Actual construction of the tot lot facility shall be a community effort
of the residents of the Town of Leesburg p.nd shall not be the responsi-
bility of the Applicant; provided, however, the applicant shall provide
construction supervision for the project and shall grade and fully
prepare the site for the structure.
9. Applicant agrees that prior to the approval of the Site Plan for the
day care facility referenced in Exhibit"A", the owner of such facility
will submit architectural elevations for' the day care facility to the
Town Land Development Official for review and approval. The general
location of such day care facility is designated on the attached
Exhibit "A".
10. Applicant agrees that prior to approval of the Site Plan for the church
site designated on Exhibit A, the owner of the church site will submit
architectural elevations for any church to be constructed on the church
site to the Town Land Development Official for review and approval.
SECTION DI. A special use permit is approved for a day care facility to be located on
• approximately two acres within the Greenway Planned Residential Neighborhood, as shown on the
Preliminary Development Plan for this project dated May 1, 1987, as last revised on March 15, 1988,
and in accordance with the proffers approved as part of the rezoning application for this project. The
development of this facility shall comply with all applicable Leesburg zoning and land development
regulations for such uses.
SECTION IV. This ordinance shall be in effect upon its passage.
Ms. Semmes stated that this property was located on South King Street south of the Country
Club Subdivision and surrounds the old Greenway Estate. It consists of approximately 169 acres. The
application is to rezone the property from County R-1 to the towns planned residential neighborhood
district. Ms. Semmes then briefly explained the ten proffers and closed by saying that the staff,
Planning Commission and Cotinril hays - ? ver, hr-:d y ,:
recommends appravaL -- ng appli:arion to this point and
Mr. Clem explained, that mathematically speaking, if proffers of$200.00 per home were invested
properly, the dividends, distributed equally to theifire and rescue personnel, would pay to supplement
the volunteers in the day time. With construction, more fire and rescue calls are received. Calls have
doubled within the last 60 days. Mr. Clem is concerned that the fire and rescue squad may have to
come to the town for funding, which will increase citizen taxes, significantly. There should be no
Minutes of the regular Town Council meeting of March 23, 1988
reason why the town could not have a fire service paid for through the community by the proffer
system without minimal taxation.
Mayor Sevila stated that the fire and rescue problem has been one that is ongoing and will be
addressed through Connell committees and staff. Mayor Sevila's comments with respect to this
development are very positive and he supports this development.
Aye: Councilmember Clem, Curry, Kelley, Jvarh Tolbert and Mayor Sevila
Nay None
On motion of Mr. Kelley, seconded by Mr. Clem, item 10(b) was referred back to the Finance
and Administration Committee meeting of April 5, 1988.
Mr. Kelley stated that he and other members of the Council were not ready to vote on this
legislation.
Mr. Curry disagrees, stating this legislation should be moved forward. He explained that the
developer has tried to meet the town's demands.
Mayor Sevila stated that the town attorney continues to have reservations about the town's
ability to enforce covenants. He would like to know what the issues of enforcement are, stating that
this item should be referred back to the Finance and Administration Committee for further
discussion.
Aye: Councilmember Clem, Kelley, Tolbert and Mayor Sevila.
Nay Councilmember Curry.
Abstaining from the vote: Councilmember Inch.
Mr. Minor asked that item 10(e) be referred back to the Finance and Administration Committee
meeting of April 5, 1988 for further discussion.
On motion of Mr. Tolbert, seconded by Mr. Kelley, the following resolution was proposed and
unanimously adopted.
88-64 - RESOLUTION- AUTHORIZING A LOAN FROM THE GENERAL FUND TO THE AIRPORT
FUND FOR THE LOCAL SHARE OF PROPERTY ACQUISITION FOR THE SOUTH
RUNWAY EXTENSION
WHEREAS, the Town of Leesburg has entered into grant agreements with the Federal Aviation
Administration (FAA) and the Commonwealth of Virginia Department of Aviation for land acquisition
for the south extension and expansion of the runway, and
WHEREAS, Town Council Resolution No. 88-9 authorized $825,000 to purchase approximately QJ
23 acres; and
WHEREAS, the town is negotiating to purchase another 2.5 acres parcel; and N
WHEREAS, the FAA will advance a portion of land acquisition expenses; and
WHEREAS, the FAA and the state will reimburse ninety-five percent of land acquisition costs
after the purchase is complete; and
WHEREAS, $238,000 of town funding is needed immediately to complete the transactions; and
WHEREAS, anticipated proceeds from the Jet Center lease with Janelle Aviation will be used
to repay the general fund:
THEREFORE, RESOLVED by the Council of the Town of Leesburg m Virginia
SECTION L A loan to the airport fund from the general fund in the amount of$238,000 is
authorized to cover the cost of the local share of the south runway land acquisition project until lease
proceeds and grant payments are received.
SECTION H. Interest of six percent will be paid to the general fund from the airport fund
during the term of this loan.
Mr. Kelley stated that this was a temporary loan until grant funding arrives and the lease
payment from Janelle Aviation.
Minutes of the regular Town Council meeting of March 23, 1988 302
Aye: Councilmember Cern, Curry, Kelley, Leach, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Clem, seconded by Mr. neh, the following resolution was proposed and
unanimously adopted.
88-65 - RESOLUTION - ENDORSING THE AIRPORT COMMISSION'S 1988 GOALS
WHEREAS, the Airport Commission has developed a comprehensive list of goals for 1988; and
WHEREAS, these goals are summarized as follows:
1. Design and prepare an updated marketing brochure for the airport.
2. Prepare an airport master plan update by submitting an RFP, selecting
consultant and monitoring consultant's progress. The master plan shall
be reviewed on an annual basis.
3. Extend and widen the airport's runway by adding 1000 feet to the south
and 25 feet in width.
4. Modify the RFP and rebid the south end lease.
5. Promote the extension of the Dulles Toll Road to Leesburg and monitor
its alignment to ensure a positive effect on the airport.
6. Actively market and publicize the benefit of the airport. Inform the .
citizenry regarding the effect of expanded activity at the airport. Work
with the residential development community regarding noise levels
within the surrounding areas.
7. Confirm a renewed management agreement with Janelle Aviation.
8. Monitor construction activity at the airport including Janelle Aviation
Jet Center and projects such as the Loudoun County Government
Center.
9. Maintain an effective working relationship with the FAA, Virginia
Department of Aviation and Airport Users Group.
10. Update Airport Rules and Regulations.
11. Monitor snow plowing operations.
WHEREAS, Council has reviewed these goals and !is in complete, agreement as to their
appropriateness:
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
The Airport Commission's 1988 goals are hereby supported and endorsed as being consistent
with the airport related objectives of the town.
Mr. Clem briefly explained each goal statingthat these goals were set by the Airport
Commission. He mentioned that goal number 1 was the most important.
Aye: Councilmember Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Kelley, seconded by Mr. Tolbert the followingreanlurinn was nronrwed and
unanimously adopted.
88-66 - RESOLUTION - AUTHORIZING A CONTRACT WITH BCM POTOMAC, INC., FOR
ENGINEERING DESIGN SERVICES IN THE UPGRADE/EXPANSION OF THE
WATER TREATMENT PLANT
WHEREAS, BCM Potomac, Inc., prepared the original plans and specifications for construction
of the 2.5 MGD Water Treatment Plant and was the construction management'engineering throughout
project completion; and
WHEREAS, the original design included consideration's for expansion to 5.0 MGD at a future
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•
31° Minutes of the regular Town Council meeting of March 23, 1988
date; and
WHEREAS, this contract is being awarded as a sole-source procurement, pursuant to Section
8.4 of the town's purchasing policy, in that, a determination has been made that BCM Potomac, Inc.
is the only source practicably available for providing comprehensive engineering services relating to this
project:
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
The manager is authorized and directed to enter into a cost plus fixed fee contract on behalf
of the town, in a form approved by the town attorney with BCM Potomac, Inc., in the amount of
$42,765.00 for engineering and design services for the expansion/upgrade of the Water Treatment
Plant.
Aye: Councilmember Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Leach, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
88-67 - RESOLUTION - APPOINTING MRS. JUDY BRINEGAR TO THE BULL RUN ALCOHOL
SAFETY ACTION PROGRAM BOARD
WHEREAS, this Council participated in the creation of the Bull Run Alcohol Safety Action
Program, to be governed by an independent policy board; and
WHEREAS, Mrs. Judy Brinegar, a Leesburg resident, has been suggested to this Council for
appointment to the board by the Director of Bull Run Alcohol Safety Action Program:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Mrs. Judy Brinegar, 115 Prospect Drive, S.W., Leesburg, Virginia is hereby appointed to a two
year term to the Independent Policy Board of the Bull Run Alcohol Safety Action Program.
Mr. Clem commented on the excellent choice to fill this position
Mayor Sevila stated that Ms. Brinegar has been active in alcohol related issues for a long time.
Aye: Councilmember Clem, Curry, Kelley, Leach, Tolbert and Mayor Sevila
Nay: None
On motion of and duly seconded the meeting was adjourned
D
CO
in
Robert E. Sevila, Mayor J
Town of Leesburg
A1'1EST:
Clerk of Council