HomeMy Public PortalAbout1988_05_25 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 J
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, S.W. , Leesburg, Virginia, on May 25, 1988, at
7:30 P.M. The meeting was called to order by Mayor Robert E. Sevila with
the invocation given by Mr. Tolbert, followed by the Salute to the Flag led
by E. B. White, Service Officer with VFW Post 1177. Present were Mayor
Robert E. Sevila; Councilmembers James E. Clem, Arl Curry, Brian Kelley;
Hunter Leach, and John Tolbert, Jr. Vice-Mayor Charles Williams was ab-
sent. Planning Commission members present were William Webb, Chairman;
Commissioners Marvin Belles; Carl R. Johnson; Mervin Jackson; and Reginald
T. Gheen. Staff members present were Town Manager Jeffrey H. Minor; Assis-
tant Town Manager Steven Brown; Director of Finance Paul York; Director of
Engineering and Public Works Tom Mason; Director of Planning, Zoning and
Development Martha Mason-Semmes; Zoning Administrator Andy Conlon; and Town
Attorney George Martin.
PETITIONERS
Janet McCarthy, Director of Blue Ridge Speech and Hearing Center,
requested an annual funding commitment from the town for the center in the
amount of $1,000. They have provided speech and hearing services to the
community for 24 years. Services provided in the past year were to 1,710
individuals through 4, 171 visits. They also receive about 48% funding from
Loudoun County government, 7% from United Way, 44% from Fees for Services
and fund raising and private contributions as well.
Nancy Lininger, 307 Edwards Ferry Road, spoke concerning the property
being illegally used by Subaru. This is coming to trial the first of next
week and she hopes the Council will pursue this strenuously. This has been
a problem since February 5 when Subaru moved in without getting permission
from the town -- they have never submitted a site plan, there has been no
paving done, no screening -- it is not only illegal parking but an auto
graveyard.
George Atwell, resident of Evergreen Mill Road, asked that Council
not ratify a notice of public hearing on proposed //ZM-99 by Washington-Vir-
ginia Traditional Development Sites, Inc. He has spent a number of hours
II/
with the Council, Planning Commission and members of town staff in review-
ing correspondence and minutes of public meetings that have been held on
this application and it is not ready for Council action.
Pat Muir, 1108 Bradfield Drive in Country Club Subdivision, asked
that Council not approve the public hearing on the Leesburg South project.
The people of Country Club Subdivision also concur that the plan is not
ready to go into its final phase and they cannot support it.
Ben Lawrence, resident of Country Club Subdivision for 26 years,
said he was appalled that this application has been brought before Council
in its present form.
Hubbard Turner, 1107 Bradfield Drive, agreed with all of the above
speakers. He attended the Planning Commission meeting that recommended
Leesburg South development be referred to Council for approval. He did not
believe the requirements of the Leesburg Town Plan have been met -- there
are other serious considerations to be concerned with. He would appreciate
it if Council could continue to work with both the Stratford and Leesburg
South developments to work out an arrangement with both of them in order to
meet the needs of the southern part of Leesburg.
JOINT PUBLIC HEARING CONCERNING AMENDMENTS TO THE LEESBURG ZONING ORDI-
NANCE REGARDING MEASUREMENT OF LOT WIDTH AND ESTABLISHMENT OF MINIMUM SET-
BACKS FOR CERTAIN STREETS
Martha Mason-Semmes, Director of Planning, Zoning and Development
explained that the amendments before Council have to do with two sections
of the zoning ordinance. The first deals with the measurement of lot width
-- that is, how do we determine whether a lot has met minimum lot width
requirements of our ordinance. There has been a proposal to measure that
at the front yard setback. The Planning Commission is considering this
amendment. They were unable to meet a consensus at this point but they do
have a meeting planned after their regular meeting on June 2 where they
will try to discuss this again and get a recommendation to Council as re-
quested. The second section of the amendments would add additional setback
requirement to West Market Street between Ayr Street and the western corpo-
rate limits and along Morven Park Road. This additional requirement would
mean that any structures would have to be set back from the street farther
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3�$ MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988
than would normally be required in our zoning ordinance for that district.
The proposal is to have a setback of 65 feet from the center line of the
right-of-way on West Market Street and 55 feet from the center line on
Morven Park Road. We have set similar restrictions on other streets in .
town. These two were recommended by Council to attempt to address the
concerns of the neighborhood and the Planning Commission that the character
of these streets need to be protected and that future development along
these streets should be compatible with what is already there.
Dr. George Poehlman, resident of Morven Park Road, quoted from sever-
al old ordinances and mentioned several misinterpretations, but spoke in
support of the town's recommendation for the minimum setback rule as writ-
ten in the new ordinance. He pointed out that this should not only address
West Market Street and Morven Park Road, but Council should address the
more global issue of setbacks for the town in general. He urged Council to
pass the ordinance as written but to continue to examine the reasonableness
of applying some sort of setback rule as it applies to the remainder of the
town so that concerns that have been identified in two other areas do not
appear later.
John Garrett, resident of West Market Street, had personal concerns
with lot widths and setback requirements that affect the proposed develop-
ment adjacent to his property. He also has concern for the beauty, harmony
and continuation of the historical precedence that currently exists in
Leesburg. The critical issue is land use -- should developers be able to
totally maximize the number of structures in paved areas on land that is
available for development or should we, as a town, be more conservative in
the use of land? In some of our more established neighborhoods with large
DPR's, there should be a perpetuation of previously established standards.
One way to maintain the harmony of such neighborhoods is through the use of
setback requirements. First, the issue should be to determine what is
proper for the future - not to correct oversights of the past. Secondly,
if we need to have special exceptions for the expansion of specific exist-
ing homes, they can be addressed independently on their own merit. For
West Market Street, and specifically the Peer Manor Subdivision, a 65-foot
setback is inadequate because of the deep setbacks that currently exist on
many of the homes on the north side of West Market Street. Specifically,
the two homes on either side of this property have setbacks of 190 and 200
feet. Establishing such a small setback would enable him, or future owners
of his property to put approximately three homes in his front yard. Such a
situation is not in the best interest of maintaining the beauty and harmony
of our town and is inconsistent with an understanding of human nature. It
has been proposed by a member of the Planning Commission that individual
landowners put a covenant on their land to preclude landowners from build-
ing homes in their front yard. Very few landowners or homeowners would
take the time or spend the money to file such a covenant even if they felt
it were appropriate. Furthermore, it is the duty of the government, the
Town Council and the Planning Commission, to establish such restrictions if
they are to be uniform and effective. When the current owner of the pro-
posed Peer Manor Subdivision, Signature Homes, bought this property on West
Market Street, the average setback rule applied. This would have required
a setback of approximately 190 feet. There is no reason to give Signature
Homes more buildable land than they anticipated when they purchased the
property establishing a 65-foot setback would do just that. Nor is it
consistent with the State of Virginia's mandate, that towns maintain "harm-
onious neighborhoods" to make a major deviation from existing setbacks for
the sake of three to four homes. He recommended that a 100-foot setback be
established for West Market Street. This is compatible with what Signature
Homes expected when they purchased the property and it would maintain the
integrity of the neighborhood that currently exists on the north side of
West Market Street. Concerning lot width, there needs to be a better defi-
nition of the line on the lot where the minimum width must be met. Section
1B-4G of the Leesburg Zoning Ordinance does not clearly instruct where this
line should be.
Mike Rich, resident of 313 Edwards Ferry Road, had concerns regarding
the application of geometry to plats and to lots and lot width. One flaw
is having a measurement of lot width occurring at only one location. He
hopes to have some thought given to differentiating between infill lots and
subdivision lots in the new area in the town. He does not know how this
can be done but it is one of the areas where we are running into a lot of
problems. Another concern is that of the fourteen streets that were suggest-
ed to be involved in the setback -- we are only looking at two. As a citi-
zen, I would like to see the inclusion of the other streets and let's get
this matter resolved. In Section 1B4G perhaps there should be one set of
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 369
regulations involving cul-de-sacs and a separate definition involving lots
not on cul-de-sacs. The citizens want an ordinance that they can go by,
they want to know what the rules are, and they want the town to apply the
rules and enforce them.
Mayor Sevila asked how many citizens were present in favor of the
proposed amendments or variations on these amendments? There were approxi-
mately 25 citizens.
The public hearing was closed. Mayor Sevila reminded the citizens if
they want to submit their comments in writing, the record will remain open
for a period of ten days to receive any written comments.
Carl Johnson, Planning Commissioner, said the Planning Commission has
met many hours on both of these subjects. The consensus of the Planning
Commission on setbacks was yes let's have those fourteen streets and do it
all at once. The measurement of lot width - the Planning Commission can go
along with what is proposed, however, it does not go far enough. They have
several concerns on this subject - it mentions pipestem lots but not cul-
de-sacs. They have several concerns dealing with cul-de-sacs. He went into
great detail concerning this matter and used a diagram to show what the
Planning Commission had been working on.
On motion by Mr. Kelley, seconded by Mr. Tolbert, this matter was re-
ferred to Planning Commission and then back to the Finance and Administra-
tion Committee for May 31.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and
Mayor Sevila
Nay: None
PUBLIC HEARING ON THE PROPOSED BUDGET FOR FISCAL YEAR 1988-89 AND ALSO AT
THE SAME PUBLIC HEARING THE PROPOSED TAX INCREASE
Mr. Minor explained this was a public hearing on both the proposed
budget for fiscal year 1988-89 as well as the tax increase. This is not a
tax rate increase but will yield additional tax revenue as a result of the
county's reassessment of real estate in the Town of Leesburg. First, the
general fund budget for 1989 is projected around $7,000,000. This is about
14% increase over last year. Our capital projects this year for all funds
total about $17,000,000. One real interest to Council is the potential tax
increase on a typical home. Our estimate this year for an average homeown-
er would result in a tax increase of about $3.95 per month -- which is
about $47.40 per year.
He gave a brief explanation of Council's capital program. The capital
program includes the municipal government center/parking complex, Ida Lee
Park, public works complex, basic storm drainage project and the Cornwall
storm drainage project. These projects total about $18,000,000. Of this
about $5,500,000 will come from non-bond revenues, i.e. the town's capital
reserve accounts, from proffers received over the years from various land
use applications that have been approved, and of course, primarily the
$10,000,000 bond revenue.
The total budget is $30,000,000 for FY 1988-89.
Hubbard Turner, 1107 Bradfield Drive, said citizens are probably
going to be concerned with this budget. The fact is Leesburg is under
extreme rapid development. He said Leesburg is headed toward a deficit
position. He is concerned that the citizens of Leesburg are becoming more
in debt. If we had a sizable surplus, he would not be as concerned but he
said he saw the negative slope.
Mayor Sevila invited Mr. Turner and any other interested citizens to
attend the special meeting on June 7 at 5:00 p.m. to discuss any questions
they may have concerning the budget.
Mr. Kelley said Mr. York is very conservative with his carryover
figures and we always end up with a couple hundred thousand dollars more
than he projects. To say our funds are in adequate condition would be an
understatement -- he feels that they are in better than adequate condi-
tion.
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988
Mayor Sevila said we have seen some failures and close survivals by
small and major municipalities throughout the country. He said the points
that have been raised are good and they simulate a lot of discussion and
debate among Councilmembers. One indication of the financial condition or
financial health of our town is that today we sold $5,000,000 in General
Obligation Bonds -- we had nine bidders for these bonds -- and we sold them
at 7. 135 which is 200th of a percent higherthan what we sold the bonds for
six months ago. We have a very good bond rating.
The public hearing on the budget was closed.
Mayor Sevila reminded the public that if they wanted to submit com-
ments in writing, the records will remain open for a period of 10 days.
On motion by Mr. Kelley, seconded by Mr. Tolbert, these matters were
referred to the special meeting of the Council on the budget scheduled for
June 7, 1988.
Aye: Councilmember Clem, Curry, kelley, Leach, Tolbert and
Mayor Sevila
Nay: None
PUBLIC HEARING TO AMEND AND INCREASE LEESBURG'S WATER AND SEWER AVAILABILI-
TY FEES FOR NEW CONNECTIONS
Mr. Minor briefly explained the increases in the availability fee
schedule do not affect anyone who already has a home or property -- this
has to do with new development (residential and commercial). He gave a
description of the different rates. This plan will generate about $86,000
a year in additional revenue for the town.
John Gambini, Lokey Properties, developers of several properties in
town, said they would like Council to consider a grandfather clause for
projects that have been in the planning process and approved, but have not
been signed off on and able to pay their fees so they can be taken care
under the present fee schedule.
Hubbard Turner said he supported the increase in the water and sewer
availability fee because the town should have a quality sewage discharge
and also a quality water intake. He said he hopes this will give us a full
on-site chemical analyses capability at the water treatment plant.
Dennis Boller said he has no problems with the fee increase, but if a
grandfather clause is considered for commercial or even development proper-
ty, it should also be considered for existing homes within the town who do
not have sewer and water because it was not available -- that would be
primarily homes in the annexed area.
The public hearing was closed at this time.
Mayor Sevila reminded the public that if they wanted to submit com-
ments in writing, the records will remain open for a period of 10 days.
On motion by Mr. Kelley, seconded by Mr. Clem, this matter was referred
back to the next Finance and Administration Committee for further considera-
tion
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and
Mayor Sevila
Nay: None
PUBLIC HEARING ON APPLICATION MI-100 REZONING BY ROGER AND WANDA HOUGH
Martha Mason-Semmes explained this is to rezone approximately 19,000
square feet of land located at 154 Fort Evans Road from Town R-2 which is a
duplex single-family residential district to Town B-1. The staff recom-
mended that the zoning being left as is or at least not rezoned to this
particular category which they do not feel is in conformance with the Town
Plan. The Planning Commission recommended this project as presently pro-
posed -- they did recommend approval.
Roger Hough , 154 Fort Evans Road, explained the property directly in
front of his has been rezoned from residential to B-1, the property owned
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988
by Pat Fischer has just recently been rezoned from residential to B-1. He
said he has a contract on the property based on whether he gets a commer-
cial rezoning and, to the best of his knowledge, the property will not be
changed, nothing will be torn down, nothing will be built back --
the
present structure will stand as is except for some minor alterations on the
garage. He asked Council to make a decision on this at this meeting as his
contract will run out on this date.
Mayor Sevila said the town is not really concerned whether the build-
ing stays up, but what transportation is going to be generated by the new
use and how that new transportation that exceeds what would have been gener-
ated by a single-family residence -- how is this going to impact local and
regional roads and whether or not a transportation proffer would be appro-
priate? Mayor Sevila asked if there had been any discussion between Mr.
Hough, Planning Commission and staff?
Mr. Hough said there has been no discussion but the building will be
used for a CPA office and this should generate only minor traffic. Howev-
er, he did say the traffic was one of the reasons why they wanted to
leave. He said the town has continually down graded his property since he
moved there.
Sally Rich, 313 Edwards Ferry Road, said so much of the property has
been zoned commercial and she hoped that Council would take this into con-
sideration and make a good judgment for the citizens who have lived in
Leesburg and supported it for years. She said she would encourage Council
to give commercial zoning in this situation because the Houghs are out on a
limb.
On motion by Mr. Kelley, seconded by Mr. Curry, Council voted unanimous-
ly to consider this matter later in the meeting along with proposed legisla-
tion.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and
Mayor Sevila
Nay: None
At this time, there was a five minute recess.
COUNCILMEMBER COMMENTS
Mr. Clem reported the Airport Commission met this past week and
looked at additional acquisition of land. They also talked about the rent-
al fees and they will look into this and give a report to the people who
are renting the hangars.
Mr. Kelley thanked Council for the resolution wishing him well during
his illness; and he also thanked the many citizens for their cards, phone
calls, etc. He mentioned the Memorial Day and Day in the Park ceremonies
-- there will be a parade, the ceremony at the Courthouse, and there will
be a super day at Ida Lee Park.
Mayor Sevila reiterated Mr. Kelley' s comments regarding the Memorial
Day ceremonies -- a lot of hard work has gone into the preparation for
these festivities. He hopes the public's acceptance and response to these
festivities will be sufficient to justify making it an annual event in the
town. He also mentioned the sale of the $5,000,000 in General Obligation
Bonds today at a special meeting of the Council. We are gratified by the
rate we received, the response and the number of bidders. We feel that the
Town of Leesburg looks pretty healthy to perspective investors.
MANAGER'S REPORT
Mr. Minor reported Council received a written activity report on
Monday.
LEGISLATION
On motion by Mr. Kelley, seconded by Mr. Clem, the following ordinance
and resolutions were proposed and unanimously adopted as consent items:
37a,
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988
88-0-16 - ORDINANCE - AMENDING THE ZONING ORDINANCE REGARDING SIGNS FOR
MULTIPLE BUSINESSES ON A SINGLE ZONING LOT
WHEREAS, the Council on March 9, 1988, initiated an amendment to the
sign ordinance regarding the location of wall signs for multiple businesses
on a single zoning lot; and
WHEREAS, the Council and Planning Commission held a joint public hear-
ing on this amendment on April 27, 1988; and
WHEREAS, the Planning Commission recommended to Council approval of
this amendment on May 5, 1988; and
WHEREAS, this amendment is in the best interest of the public necessi-
ty, convenience, general welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Article 8A - Sign Regulations of the Leesburg Zoning Ordi-
nance is amended to revise Section 8A-17(c)(6) to read as follows:
(6) Wall Signs: One per establishment having an individual outside
entrance; located-above-entrance-of-individual
establishments;-and harmonious with other wall
signs as to color and lettering. The size shall be
limited to one square foot per linear foot of build-
ing frontage for the establishment, up to a maximum
of 100 square feet.
SECTION II. All prior ordinances in conflict herewith are hereby re-
pealed.
SECTION III. This ordinance shall be in effect upon its passage.
88-95 - RESOLUTION - AUTHORIZING THE SELECTION OF HOWARD, NEEDLES,
TAMMEN AND BERGENDOFF (HNTB) IN ASSOCIATION WITH
SIMATE, HELLIESEN AND EICHNER (SH&E) TO UPDATE THE
LEESBURG MUNICIPAL AIRPORT MASTER PLAN
WHEREAS, the town's airport is being expanded to include a 5500 foot
runway designed to attract corporate aircraft; and
WHEREAS, land around the airport is rapidly being developed; and
WHEREAS, adopted town goals include the utilization of the airport as
an important economic development tool for Leesburg; and
WHEREAS, proper planning is necessary to fully realize the potential of
our airport; and
WHEREAS, the RFP distributed to attract proposals to update our master
plan produced eight proposals; and
WHEREAS, the selection committee reviewed the proposals, interviewed
the short list and recommend HNTB and SH&E for the project:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia:
The town manager is authorized to enter into a contract with HNTB and
SH&E to update the Leesburg Municipal Airport Master Plan at a price contin-
gent upon FAA approval of $88,000 which if approved for reasonableness is II/eligible for a ninety-five percent funding from the FAA and State of Virgin-
ia.
88-96 - RESOLUTION - AUTHORIZING THE LEASE BETWEEN THE TOWN AND
RETROSPECT LOUDOUN ARTISANS, INC. , FOR THE LOG
CABIN AT 14 LOUDOUN STREET, S.W.
WHEREAS, the Request for Proposals for the Log Cabin was published; and
WHEREAS, a proposal from Retrospect Loudoun Artisans, Inc. , was timely
received and responsive to the RFP; and
WHEREAS, no other proposals were received; and
3 73
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988
WHEREAS, the proposal received includes appropriate rent plus increas-
es; and
WHEREAS, the current tenant has performed admirably:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia:
The town manager is authorized to enter into the attached lease with
Retrospect Loudoun Artisans, Inc. , for the purpose of leasing the log cabin
at 14 Loudoun Street, S.W. , for a period of five years.
P88-97 - RESOLUTION - APPROVING A GRANT APPLICATION TO THE VIRGINIA
DEPARTMENT OF WASTE MANAGEMENT, DIVISION OF LITTER
CONTROL AND RECYCLING FOR FUNDING OF LITTER CONTROL
PROGRAM
WHEREAS, Council recognizes the need for litter control within the
boundaries of the Town of Leesburg; and
WHEREAS, the Litter Control Act of 1976 provides, through the Depart-
ment of Waste Management, Division of Litter Control and Recycling, for the
allocation of public funds in the form of grants for the purpose of enhanc-
ing local litter control programs:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The manager shall submit an application requesting the town's $1,818.00
grant allocation which, if approved, will be used for expansion and continu-
ance of its present litter control program.
88-98 - RESOLUTION - APPROVING EXTENSION OF WATER AND SEWER FACILITIES
TO PERSHING AVENUE EXTENDED AND CALLING FOR A
FUTURE UTILITY REIMBURSEMENT AGREEMENT
WHEREAS, R. G. Miles plans to build two houses on lots 11, 12 and 13 in
Section I of the Fairview Subdivision and has requested that the town allow
extension of water and sewer facilities to serve these homes; and
WHEREAS, the developer further proposes to construct a 30-foot
asphaltic concrete paved road extension from the existing terminus of
Pershing Avenue along the full frontage of his lots; and
WHEREAS, these lots are part of the previously recorded Fairview Subdi-
vision:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in .Virginia
as follows:
SECTION I. The manager is authorized and directed to execute an agree-
ment (PC-2) with R. G. Miles for the installation of public improvements on
plans approved by the Director of Engineering and Public Works for the
construction of two houses on lots 11, 12 and 13 in Section I of the
Fairview Subdivision.
SECTION II. The extension of municipal water and sewer works for these
two houses 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 the Burke & Herbert Bank & Trust Co. of Alexan-
dria, Virginia, in the amount of $14,663.00 is approved as security to
guarantee installation of the public improvements shown on plans approved
by the Director of Engineering and Public Works.
SECTION IV. The manager shall prepare a reimbursement agreement for
future consideration by the Council to establish a pro rata charge for
owners of undeveloped lots adjacent to the utility extension authorized
herein to reimburse R. G. Miles for a part of the costs of the extension of
water and sewer facilities. Said payments to be made at the time zoning
permits are issued for house construction on the undeveloped lots.
13/ MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988,
88-99 - RESOLUTION - AUTHORIZING A REVISED TERMS OF AGREEMENT FOR
UTILIZATION OF THE FARMERS' MARKET
WHEREAS, Town Council Resolution number 88-63 cancelled the agreement
with Market Square Associates to manage the town's farmers' market; and
WHEREAS, the Loudoun County Economic Development Department surveyed
local producers to generate interest in participating in the market; and
WHEREAS, several producers have responded; and
WHEREAS, a generic terms of agreement form should be signed by each
producer and the town prior to authorization of participation in the market:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The town manager is authorized to use the attached terms of agreement
to contract with producers utilizing the town's farmers' market.
88-100 - RESOLUTION - APPOINTING A COUNCIL REPRESENTATIVE TO THE COUNTY
OF LOUDOUN TRANSPORTATION TASK FORCE
WHEREAS, the County of Loudoun Transportation Task Force was re-estab-
lished by the Board of Supervisors to consider phased land development, a
regional fair share contribution standard for transportation improvements,
proffers/funding alternatives and transportation system management; and
WHEREAS, the Town of Leesburg has been requested to appoint a citizen
to serve on this task force; and
WHEREAS, the Finance and Administration Committee of the Council has
suggested the appointment of Councilmember James Clem:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. James Clem is hereby appointed to the County Transportation
Task Force.
SECTION II. The manager is directed to make available appropriate
planning staff to assist at these meetings.
88-101 - RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NO. 33 TO
R. F. KLINE, INC. , FOR WORK COMPLETED AT THE
WASTEWATER TREATMENT PLANT
WHEREAS, the contract for improvements at the Wastewater Treatment Plan
was awarded to Richard F. Kline, Inc. ; and
WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985, by the •
Council of the Town of Leesburg provides: "The Council at its option will
require prior approval of all requisitions for payment under this con-
tract"; and
WHEREAS, the contractor has submitted Payment Request No. 33 on April
25, 1988, and Camp, Dresser & McKee has reviewed and approved this request;
and
WHEREAS, the Director of Engineering and Public Works has recommended
payment of Payment Request No. 33 in the amount of $55,429.01.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Payment in the amount of $55,429. 01 shall be made to R. F. Kline, Inc. ,
for Payment Request No. 33 for the Wastewater Treatment Plant Expansion
Project.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and
Mayor Sevila
Nay: None
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 316
88-0-17 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP FORIREZONING
APPLICATION #ZM-100 BY ROGER L. AND WANDA W. HOUGH
On motion by Mr. Leach, seconded by Mr. Curry, and after lengthy discus-
sion, the following ordinance was proposed and unanimously adopted:
WHEREAS, on February 10, 1988, the Council received Rezoning Applica-
tion IIZM-100 by Roger L. and Wanda W. Hough to rezone a 19,909 square foot
parcel of land on Fort Evans Road from R-2 to B-1 and referred the applica-
tion to the Planning Commission for public hearing and recommendation; and
WHEREAS, the Planning Commission on April 7, 1988, held a public hear-
ing on this application and recommended conditional approval: to Council; and
WHEREAS, the Council, on May 25, 1988, held a public hearing on this
application, prior to which a signed, notarized proffer statement was sub-
mitted by the property owner:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is amended to revise the
Zoning District Map to change from R-2 to B-1 a 19,909 square-foot parcel
of land located at 154 Fort Evans road, N.E. and surrounded by the Fox
Creek Townhouse community, in accordance with a plat prepared by Kamber,
Engineering, Inc. , dated January, 1988, subject to the following conditions
proffered in writing on May 29, 1988, by the property owner pursuant to
Section 15. 1-491(a) of the 1950 Code of Virginia as amended:'
1. The applicant proffers and agrees that the permitted uses allowed
on the site will be limited to the following:
a. Office uses:
1. Medical offices including pharmacy
2. Professional offices
3. Government offices
4. General Offices
b. Banks
c. Day Care Center
d. Residential Use
1. As permitted by Special Exception
2. The applicant agrees and proffers that at such time as the Town
Council adopts an amendment to the Zoning Ordinance creating an
office zoning district, the subject property shall be included
therein.
3. The applicant agrees and proffers that at such time as Fort Evans
Road is closed, and a cul-de-sac created, the applicant will inter-
pose no objection thereto.
4. The applicant agrees and proffers that they will make a cash
contribution for road improvements. This cash contribution shall
be in the amount of $2,000 for each 2,000 square feet of new con-
struction; it shall be due and payable at the time a zoning permit
is issued for the new construction.
SECTION. II. This ordinance shall be in effect upon its passage.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and
Mayor Sevila
Nay: None
88-102 - RESOLUTION - DENYING REZONING APPLICATION OZM-97 BY NORTH LEE
DEVELOPMENT ASSOCIATES LIMITED PARTNERSHIP
On motion by Mr. Kelley, seconded by Mr. Clem, the following resolution
was proposed and unanimously adopted:
WHEREAS, Rezoning Application OZM-97 by North Lee Development Associ-
ates Limited Partnership to rezone a 5.3-acre parcel of land on the east
side of the Route 15 Bypass from County R-1 to County C-1 was received by
the Council on October 23, 1987, and referred to the Planning Commission
for public hearing and recommendation; and
316 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988
WHEREAS, the applicant amended the application on November 24, 1987, to
request rezoning to the County PD-SC district, rather than the County C-1
district; and
WHEREAS, the Planning Commission held a public hearing on this applica-
tion on January 21, 1988; and
WHEREAS, the Planning Commission on March 3, 1988, unanimously recom-
mended denial of this application based on a lack of public need for addi-
tional commercial land in this area; and
WHEREAS, the Council held a public hearing on this application on May
11, 1988; and
WHEREAS, this rezoning application is inconsistent with the adopted
Town Plan and is not in the interest of the public health, safety, welfare
and convenience or good zoning practice:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Rezoning Application GM-97 by North Lee Development Associates Limited
Partnership to rezone 5. 3 acres of land located on the east side of the
Route 15 Bypass and bounded by the lands of Helmi E. Carr on the north,
Cynthia Shrump on the east and N/F North Lee Development Associates Ltd.
Partnership on the south from County R-1 to County PD-SC is hereby denied.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and
Mayor Sevila
Nay: None
88-103 - RESOLUTION - REJECTING PROPOSALS FOR GROUP INSURANCE FRINGE
BENEFIT COVERAGES
On motion by Mr. Kelley, seconded by Mr. Curry, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, on May 9, 1988, the town received proposals from eight carri-
ers in response to our Request For Proposals dated April 6, 1988, to pro-
vide the town with group fringe benefit insurance coverage for all full-
time town employees; and
WHEREAS, all proposals received were forwarded to Industrial Insurance
Management Corporation, the town's insurance consultant, for their review
and analysis; and
WHEREAS, their review and analysis has determined that in the best
interest of the town end its employees, all proposals for all forms of
coverage be rejected due to the unacceptably high rates quoted for family
rate health care coverage; and
WHEREAS, in order to obtain more favorable family rates they advise the
rebidding of the entire insurance program because most carriers require
other lines of coverage in order to quote health care:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
that all proposals received on May 9, 1988, to provide the town with group
insurance coverages are hereby rejected and the town manager shall take the
following action:
SECTION I. The town's insurance consultant, Industrial Insurance Man-
agement Corporation, is directed to rebid the entire group insurance pack-
age as originally proposed.
SECTION II. The effective date of the insurance program will be moved
to August 1, 1988.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and
Mayor Sevila
Nay: None
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, MAY 25, 1988 317
On motion by Mr. Kelley, seconded by Mr. Tolbert, a resolution was
proposed to ratify a notice of public hearing to consider amended rezoning
application #ZM-80 by Alan I. Kay of Bethesda, Maryland.
The above motion was defeated by a vote of 6 to 1.
Aye: Councilmember Tolbert
Nay: Councilmembers Clem, Curry, Kelley, Leach and Mayor Sevila
On motion by Mr. Kelley, seconded by Mr. Clem, and after considerable
discussion, /JZM-80 by Alan I. Kay of Bethesda, Maryland, was referred back
to the Finance and Administration Committee meeting on May 31 for further
consideration.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and
Mayor Sevila
Nay: None
On motion by Mr. Kelley, seconded by Mr. Curry a resolution ratifying a
notice of public hearing on proposed Zoning Map amendment 1/ZM-99 by Washing-
ton-Virginia Traditional Development Sites, Inc. , was proposed and, after
extensive discussion, Council defeated this resolution by roll call vote of
4 to 2.
Aye: Councilmembers Curry and Kelley,
Nay: Councilmembers Clem, Leach and Tolbert and Mayor Sevila
On motion by Mr. Clem, seconded by Mr. Tolbert this matter was referred
back to the Finance and Administration Committee on May 31 for further
consideration.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and
Mayor Sevila
' Nay: None
On motion by Mr. Kelley, seconded by Mr. Clem, the meeting was ad-
journed.
Mayor
Clerk of founcil
sw