HomeMy Public PortalAbout1988_06_22 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22,1988 38,
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, S.W. Leesbur Vir iniac- on June 22, 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 Councilmember Brian Kelley. Present were Mayor Robert E. Sevila;
Councilmembers James E. Clem; Arl Curry; Brian Kelley, Hunter Leach; and
John Tolbert, Jr. Town staff members present were Town Manager Jeffrey H.
Minor; Assistant Town Manager Steven Brown; Director of Finance Paul York;
Director of Engineering and Public Works Tom Mason; Director of Utilities
Randy Shoemaker; Director of Planning, Zoning and Development Martha Mason-
Semmes; and Planner II, Peter Stephenson. George Martin and Deborah Welsh,
Town Attorneys were also present.
COUNCILMEMBER COMMENTS
Brian Kelley said since this is his last meeting he would like to
take this opportunity to thank his colleagues on the Council, Mr. Minor,
and all the town staff for their assistance in the last four years. He
wished all the new Councilmembers the very best.
Mayor Sevila extended to the three Councilmembers who will be leaving
his congratulations for a job well done. He said it has been a good four
years and a lot has been accomplished.
MANAGER'S REPORT •
Mr. Minor reported on the following:
(1) Council received an activity report on Monday. He highlighted one
item -- the restripping work done on Market Street, Catoctin Circle and
around the Tollhouse Plaza. Town staff is monitoring it to find out what
comments we receive from the public.
(2) Continued progress is being made with the municipal government
center and public works warehouse complex as well as the Hogback Mountain.
Tank bids will be open for this project until July 7.
11/ (3) He also mentioned the departure of the four Councilmembers and the
fact that three of them were directly involved in the appointment of him as
Town Manager and for that, he will always be grateful.
At this time, Councilmember Kelley made a motion to go into Executive
Session to discuss matters of potential litigation involving pending rezon-
ing actions pursuant to Section 2. 1-344(a)(6) of the 1950 Code of Virginia,
as amended, seconded by Councilmember Tolbert. The Town Manager, Director
of Planning, Zoning and Development and the Town Attorneys were requested
to attend.
Aye: Counci].members Clem, Curry, Kelley, Leach, Tolbert and Mayor .
Sevila
Nay: None
The meeting was called back to order from Executive Session by Mayor
Sevila. No action was taken.
LEGISLATION
On motion by Mr. Kelley, seconded by Mr. Clem, rezoning application
j{ZM-82 by Charles B. Delashmutt and Ann Engle was referred back to the
Finance and Administration Committee for further consideration of the appli-
cation and, in particular, the comments of the Virginia Department of Trans-
portation.
Mr. Curry said he saw no reason for this to go back to committee
because proffer #3 explains that they are willing to give whatever is neces-
sary to put in the overpass. This handles whatever questions that were
discussed -- it handles the problem of getting the bridge across the by-
pass.
Aye: Councilmembers Clem, Kelley, Leach, Tolbert and Mayor Sevila
Nay: Councilmember Curry
39 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988 .
88-0-19 - ORDINANCE - AMENDING THE ZONING DISTRICT MAP FOR REZONING
APPLICATION fZM-80 BY ALAN I. XAY/ROYCO -
On motion by Mr. Curry, seconded by Mr. Leach, the following ordinance
was proposed and adopted by roll call:
WHEREAS, Rezoning Application JJZM-80 by William L. Bryant, Trustee, was
received and referred by the Town Council to the Planning Commission for
review and recommendation on August 13, 1986; and
WHEREAS, Rezoning Application /JZM-80 was amended by the applicant on
September 23, 1986, to request a blanket special exception for commercial
office use; and
WHEREAS, a Planning Commission public hearing on this application was
deferred until November 20, 1986, at the applicant's request; and
WHEREAS, the applicant voluntarily extended the deadline for Planning
Commission consideration from December 18, 1986, to a date 30 days follow-
ing submission of a transportation study by the applicant; and
WHEREAS, the applicant was revised from William L. Bryant, Trustee, to
Alan I. Kay on April 30, 1987; and
WHEREAS, the applicant submitted the transportation study noted above
on May 20, 1987; and
WHEREAS, the applicant voluntarily deferred further consideration of
this application until completion of the town's Route 654 South Battlefield
Parkway Alignment Study; and
WHEREAS, the Planning Commission renewed consideration of this applica-
tion on October 22, 1987; and
WHEREAS, the applicant submitted a revised concept plan for the proper-
ty in November 1987; and
WHEREAS, on December 10, 1987, the Airport Commission recommended condi-
tional
approval of this application; and
WHEREAS, the Planning Commission recommended approval of this applica-
tion, including the office special exception, subject to draft proffers
submitted by the applicants on November 20, 1987, and additional conditions
on January 7, 1988; and
WHEREAS, the Council held a public hearing on this application on Febru-
ary 24, 1988, prior to which properly executed proffer statement was not
submitted; and
WHEREAS, a second Council public hearing was held on April 13, 1988, to
consider the application in conjunction with a properly executed proffer
statement for this application; and
WHEREAS, a revised proffer statement was submitted by the applicant on
June 22, 1988, which does not increase the intensity of the proposed use
and which results in greater public benefit from the proposed rezoning; and
WHEREAS, this rezoning is in general conformance with the Town Plan and
is in the best interest of the public necessity, convenience, general wel-
fare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Leesburg Zoning Ordinance is amended to revise the
zoning district map to change from County R-1 and A-3 to County PD-IP a
51. 36-acre parcel of land located on the west side of Sycolin Road (Route
643) and bounded by Long Lane on the north, lands of Richlynn Development,
Inc. , on the south, the Town of Leesburg on the west and Sycolin Road on
the east, as depicted on the rezoning plat for this property prepared by
Michael L. Oxman & Associates, Ltd. , dated July 21, 1986; subject, however,
to the following conditions proffered in writing by the property owners and
applicants in accordance with Section 15. 1-491(a) of the Code of Virginia,
as amended, and the Leesburg Zoning Ordinance:
39 )
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
1. Concept Plan. The applicant proffers that it will develop the
subject tract in general conformance to the Concept PFan dated January 12,
1987, revised June 9, 1988, and prepared by Patton, Harris, Rust and Associ-
ates (hereinafter identified as the "Concept Plan") and incorporated as
Attachment 1 hereto. •
2. Land Uses.
A. The applicant will not develop more than fifty percent (50%)
of the total allowable FAR on the property as commercial official building
use.
B. The applicant will provide a use buffer of commercial office
along the northern boundary of its property; i.e. , .•along existing Route
654, to the extent that, but only so long as, the portion of the property
now owned by N. V. Land (Stratford) lying north of and adjacent to existing
Route 654 and immediately juxtaposed to the northern boundary of the appli-
cant's property is zoned for residential development.
3. Donation of Property for Airport Use.
A. The applicant shall reserve until Jan. 1, 1990, property in
the amount of up to 1.4 acres as indicated on the Concept Plan, for future
dedication to the Town of Leesburg or purchase by the FAA for the purpose
of incorporating therein a portion of an Instrument Landing System (ILS)
for the benefit of air traffic on the Leesburg Municipal Airport. If dedi-
cated to the town, dedication shall be conditioned by covenant to insure
that the use of such land by the Town of Leesburg is for the benefit of an
ILS and for no other purpose not agreed to by the applicant. In the event
the town requests the land to be dedicated, the applicant shall receive a
credit against its proffered cash donation to the Leesburg Regional Trans-
portation Fund in the amount of ONE HUNDRED SIXTY-SEVEN THOUSAND SEVEN
HUNDRED AND SIX DOLLARS ($167, 706.00) . The Town of Leesburg shall effect
said credit by forgiving the applicant the first ONE HUNDRED SIXTY-SEVEN
THOUSAND SEVEN HUNDRED AND SIX DOLLARS ($167,706.00) it would otherwise owe
under Transportation Proffer 3, below.
B. The applicant will convey to the Town of Leesburg the portion
of ground of 2. 383 acres designated as "site area subject to easement agree-
ment with the Town of Leesburg" on the applicant's Concept Plan for the sum
of ONE HUNDRED EIGHTY-ONE THOUSAND SIX HUNDRED FIFTY-SIX DOLLARS
($181,656.00) plus interest at the rate of one percent over Prime Rate as
established from time to time by Sovran Bank if such conveyance does not
occur prior to September 30, 1988.
4. Transportation.
A. The applicant will develop its internal road network; includ-
ing Miller Drive, in substantial conformance with the Concept Plan. All
internal roads will be constructed to Town and VDOT standards.
B. The applicant will dedicate 60-95 feet from centerline of .
Route 643 across its eastern frontage for purposes of the widening of said
public right-of-way as per the Concept Plan and shall construct thereon
across said frontage a half-section of an ultimate four-lane, divided high-
way in accordance with Town and VDOT standards. In addition, the applicant
will construct appropriate acceleration/deceleration lanes along Route 643
at the entrance to its property as may be required by the regulations of
VDOT and the Town. The construction provided for in this section (2) shall
be bonded for construction in accordance with Town Regulations at the time
of first site plan approval or first subdivision approval, whichever is
first in time.
C. In addition to the foregoing, the applicant will make a cash
contribution to the Leesburg Regional Transportation Fund in the amount of
SIXTY CENTS ($.60) per FAR square foot for uses other than commercial of-
fice and NINETY CENTS ($.90) per FAR square foot for commercial office
use. Contribution shall be made as construction of such square footage is
approved in the form of zoning permits. The value of such contribution
shall increase annually at a rate equal to the increase during each twelve
month period after the approval hereof of the McGraw-Hill, Inc. , Engineer-
ing News Record Construction cost Index.
D. The applicant will not apply for zoning permits for more than
fifty percent (50%) of the total FAR square footage allowable on the proper-
ty until after December 31, 1991, and will not apply for occupancy permits
for more than fifty percent (50%) of the total FAR square footage allowable
on the property until after December 31, 1992.
II 39 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
5. Compatibility With Airport Use.
A. The applicant will comply with the Federal Aviation Agency's
"7: 1" building height from runway ratio in establishing the height of the
buildings on the property.
B. The applicant will provide to the Town Engineer at the time of
zoning permit approval a plan for noise attenuation for any structure to be
occupied that is proposed to be constructed within the Ldn 70 noise contour
as depicted on the Concept Plan.
6. Fire Fighting Donation. The applicant shall donate a sum equal
to FIVE CENTS ($.05) per FAR square foot developed on the property to
Loudoun County for the use of the Leesburg Volunteer Fire Company. Such
donation shall be made at the time of zoning permit approval for such devel-
opment.
7. Architectural Controls. At the time of application for record
plat, the applicant shall submit for Town approval a Declaration of Restric-
tive Covenants which by its terms shall establish an architectural review
board made up of the applicant and/or its successors in interest to enforce
restrictive covenants that will accomplish the following:
A. Impose uniform signage standards.
B. Impose a permitted list of building materials, including brick
and block, precast concrete, or concrete aggregate tilt wall material.
C. Require that all land that is developed and not occupied by
buildings or parking areas be landscaped.
D. Require that any buildings constructed on the subject property
conform in general quality of exterior facade to that of existing Building
"G" of the Leesburg Airpark Business Center.
To assist the Town in evaluating conformance with (B) and (D)
above, the applicant will provide the Town Zoning Administrator, prior to
obtaining a zoning permit for construction, general elevations of any build-
ing to be constructed on the property in sufficient detail to allow the
Zoning Administrator to determine such conformance. The applicant will
wait up to five (5) working days after submitting such elevations before
applying for its building permit for such building.
8. Environmental Matters.
A. The applicant shall establish a tree buffer from the edge of
the existing property line fronting on Route 654 a depth of 100 feet on the
wooded portion of the property as depicted on the Concept Development Plan
and a tree buffer from the edge of the ultimate (i.e. , after dedication
boundary of the property fronting on Route 643 to the Building Restriction
Line (BRL) as depicted on the Concept Development Plan. The applicant
shall also establish a tree buffer of twenty-five (25) feet in depth (12.5
feet to each side) along the interior lot lines of the project on the wood-
ed portion of the property. Both such buffer areas shall be accomplished
to the extent that good engineering practices on the remainder of the prop-
erty allow. Further, the applicant shall submit a landscape and tree pres-
ervation plan at development plan stage which identifies and preserves to
the greatest extent possible, consistent with reasonable economic and engi-
neering considerations, any trees with a diameter of ten (10) inches at a
height of five (5) feet from ground.
B. The applicant shall have prepared at its expense a Type I
geotechnical report prior to first subdivision or first site plan applica-
tion, whichever isfirstin time.
SECTION II. A special exception for commercial office use on the .prop-
erty is approved in accordance with Sections 722. 3.2 and 1211-1211.6 of the
Loudoun County Zoning Ordinance, as adopted and administered by the Town;
subject, however, to the same conditions established for the rezoning under
Section I above.
SECTION III. This ordinance shall be in effect upon its passage.
Mr. Minor explained this is a rezoning of approximately 51 acres from
County R-1 and A-3 to County PD-IP. The property is north of Leesburg
Airport. One of the biggest issues Council has had is the way to mitigate
the potential adverse impacts from the traffic which would result from over
700,000 square feet of industrial development and office development evenly
divided. One of the ways the development community has addressed the need
to coordinate regional improvements to develop a transportation system to
393
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
serve the areas of Leesburg that are in the growth mode at this point is
through off-site cash proffers. The town can collect and use to fund,
probably through debt service, future major capital road projects. The
last time Council met in committee this applicant had proffered 30C per FAR
foot for industrial and 60C per FAR foot for office. Since that time, the
applicant contacted the town and asked to submit additional revised prof-
fers that increased that cash from the 300 for industrial to 60C per foot
and the 60C for the commercial office to 90C -- an additional 30C which is
roughly an additional $200,000 plus. The other principal change in the
plan deals with a need for 2.4 acres for the airport clear zone. The town
over a year ago had a condemnation action and owns that property though the
consideration has not yet been determined by the court so this is still up
in the air and would be subject to litigation and the town would have to
retain attorneys, appraisers, etc. to pursue this case. So, one of the
things the applicant offered as a way to eliminate that problem at least in
part is by coming up with a figure now for the value of the property at
$1. 75 per foot. Staff believes the value of the land is certainly worth no
less than that, probably more, and potentially that will at least save us
some funds over a court determination of the amount that we would owe the
developer. The land itself is in our Master Town Plan and calls for essen-
tially these kind of uses -- there could be some argument about whether the
County's special exception criteria for commercial office would under some
circumstances result in the density that this applicant has proposed.
Mayor Sevila said there is no question that what Mr. Minor has said
in his summary is correct -- this is not a perfect rezoning, and it has
brought a lot of issues to focus for us; and in doing so, he hopes Council
and staff have learned a lot and will take some of these lessons back to
the drawing board. In addition it has brought to bear some very important
comprehensive planning issues; and in particular, the one we all refer to
from time to time and that is the issue of prematurity. There are a lot of
things we need to consider as a result of our deliberation over this appli-
cation, movement by applicant in response to some of the requests from
Council has been slow and sometimes disappointing, but what we now have in
ti Form of a final set of proffers is certainly a significant improvement
it :he application and, in spite of their defects, the defects in our pro-
cess and the defects in some of the planning documents and regulations,
the application we are now getting is the best possible rezoning under the
existing documents that we could get.
Aye: Councilmembers Clem, Curry, Leach, Tolbert, and Mayor Sevila
Nay: Councilmember Kelley
88-0-20 - ORDINANCE - AMENDING THE TOWN PLAN AND THE LEESBURG
ZONING MAP AND APPROVING A CONCEPT PLAN AND
REZONING PLAN FOR REZONING APPLICATION #ZM-95
BY EVERGREEN MILLS INVESTMENTS
On motion by Mr. Kelley, seconded by Mr. Tolbert, the following ordi-
nance was proposed and unanimously adopted by roll call:
WHEREAS, an application for a Town Plan Amendment and approval of a
concept plan for a planned development on a 448. 79-acre parcel of land on
the south side of the Route 7/15 Bypass referred to as the Stratford devel-
• opment was submitted by Evergreen Mills Investments on July 29, 1986; and
WHEREAS, the Planning Commission held a public hearing on this applica-
tion on November 6, 1986; and
WHEREAS, the Planning Commission recommended conditional approval of
this application on November 6, 1986; and
WHEREAS, the Council held a public hearing on the concept plan on Janu-
ary 13, 1986; and
WHEREAS, the concept plan application was revised and combined by the
applicant with a rezoning application, assigned ##ZM-95, to rezone the prop-
erty from County R-1 to PRC and PEC on July 8, 1987; and
WHEREAS, the Planning Commission held a public hearing on the combined
concept plan rezoning application on October 15, 1987; and
WHEREAS, the Planning Commission recommended approval of the combined
application with conditions on December 17, 1987; and
394
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
WHEREAS, the Council held a public hearing on the combined application
on January 27, 1988, prior to which the applicant and -property owner -submit-
ted a signed, notarized proffer statement; and
WHEREAS, the applicant has revised the application and proffer state-
' ment to reduce the potential adverse impacts of the project on the communi-
ty by contributing a greater amount to town public facilities, while not
increasing the intensity of the proposed uses; and
WHEREAS, this application was referred to Loudoun County in accordance
with the November 1982 Annexation Agreement between the town and county; and
WHEREAS, this rezoning is in conformance with the Town Plan and is in
the best interest of the public health, welfare, convenience and good zon-
ing practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Concept Plan/Town Plan Amendment and Rezoning Applica-
tion #ZM-95/Rezoning Plan for the Stratford Planned Residential Communi-
ty/Planned Employment Center dated July 8, 1987, as last revised on June
22, 1988, is hereby approved and the Leesburg Zoning Ordinance is amended
to revise the Zoning District Map to change a 448. 79-acre parcel of land
from County R-1 to 386.49 acres in the Planned Residential Community (PRC)
district and 62.3 acres in the Planned Employment Center (PEC) district
generally located on the south side of the Route 7/15 Bypass, and bounded
on the north by lands of Mooney, Pournaras, Hakim Associates, Echols &
Cornwell and Lokey Properties; on the east by Sycolin Road, and on the
south by Long Land and on the west by Evergreen Mill Road (Route 621) , and
lands of Loudoun County School Board, Stowers and Worley, as indicated on
the rezoning plat dated April 28, 1988, prepared by Patton, Harris, Rust &
Associates; subject however, to the following conditions proffered in writ-
ing by the applicant and property owner in accordance with Section
15. 1-491(a) of the Code of Virginia, as amended:
(1) Development of the Property shall be in substantial conformity
with the Rezoning/Preliminary Development Plan attached hereto as Exhibit
"A", which shall control the density, use, general layout, and general
configuration of the Property, with reasonable allowance to be made for
engineering and design alteration to meet town zoning, subdivision and land
development regulations. Applicant proffers that the amount of retail
commercial development in the mixed-use center of the Property shall not
exceed 250,000 square feet.
(2) Applicant shall dedicate in fee simple (free and clear of liens)
and construct the internal "On Site" public streets designated on Exhibit
"A" in accordance with Town of Leesburg and Virginia Department of Transpor-
. tation ("VDOT) standards. Dedication of the public street rights-of-way,
unless otherwise provided herein, will occur at time of record plat subdivi-
sion approval of the various sections of the Property and will be subject
to approval by the Town Attorney. Construction of such streets shall occur
in phases as the project develops.
(3) The Applicant, or its successor in interest, agrees to contribute
up to the aggregate sum of ONE MILLION THREE HUNDRED THOUSAND DOLLARS
($1,300,000.00) (based on the projected number residential units of One
Thousand Three Hundred (1300), under the terms and conditions stated herein-
after as its pro-rata share toward the construction of off-site transporta-
tion improvements. Subject to the limitations set forth in paragraph 5
below, the donation shall be in the form of nonrefundable cash contribu-
tions equalling ONE THOUSAND DOLLARS ($1,000.00) per residential unit actu-
ally developed on the Property, which funds shall be paid into an account
established by the Town for the purpose of financing construction of such
transportation improvements and referred to hereinafter as the "Offsite
Roadway Improvement Fund". The Applicant, or successor in interest to the
Applicant, shall make said payments to the Town on a residential unit by
unit basis prior to the receipt of zoning permits for individual residen-
tial units on the Property.
(4) The Applicant, or its successor in interest, agrees to contribute
up to an aggregate of ONE MILLION EIGHT HUNDRED FIFTY-TWO THOUSAND AND FIVE
HUNDRED DOLLARS ($1,852,500.00) , (based on a projected development of com-
mercial and office facilities of one million four hundred twenty-five thou-
sand (1,425,000) square feet), under the terms and conditions stated herein •
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MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
after as its pro-rata share towards the construction of off-site transporta-
'tion improvements. Subject to the limitations set forth in paragraph 5
below, the Applicant's donation shall be in the form of nonrefundable cash
contributions equalling ONE DOLLAR AND THIRTY CENTS ($1.30) per gross
square foot for development of non-residential (commercial and/or office
buildings) on the Property. These funds shall be paid into the "Offsite
Roadway Improvement Fund". The Applicant, or its successor in interest,
shall make such payments on a building by building basis prior to receipt
of zoning permits for the individual buildings actually constructed on the
site. Notwithstanding the above, no payments under this paragraph shall be
required for any buildings to be devoted to uses such as recreational build-
ings, non-profit day care facilities, churches, fire and rescue facilities,
a library, post office, or governmental service facilities. The dollar
amount of financial contributions proffered in conjunction with commercial
and office development on the Property shall be inflated or deflated until
issuance of zoning permits at the same rate as the cost of the construction
cost index published in the Engineering News Record with a base line
index as published in the month of rezoning approval.
(5) In the event Applicant, or its successor in interest, either con-
structs or causes to construct such road improvements to roads identified
elsewhere in these proffers as "off-site roadways", then to the extent of
the cost of such improvements or monies so provided, there shall be given a
direct dollar for dollar credit against contributions made to the "Offsite
Roadway Improvement Fund" required in Paragraphs (3) and (4) above. The
costs of "offsite roadway" improvements shall include: all engineering,
surveying, bonding, permit fees, construction costs and utility reloca-
tion. In the event that the amount of monies paid into the "Offsite Road-
way Improvement fund" by the Applicant or its successors in interest are
insufficient to cover the construction costs of the "offsite roadway" im-
provements constructed or caused to be constructed by the Applicant, then
the Applicant shall initially pay said costs with the understanding that
future contributions into the "Offsite Roadway Improvement Fund" required
under paragraphs (3) and (4) above will be waived until the costs born by
the Applicant for such "offsite roadway" improvements are recovered.
(6) The Applicant, or its successor in interest, proffers to construct
or cause to be constructed the following roadway improvements with regard
to Rt. 643 in accordance with the Town of Leesburg and VDOT standards: 1)
a half-section of a four-lane divided roadway from the southern Property
line to existing Lawson Road with necessary acceleration, deceleration and
turn lanes. This improvement shall be considered to be an "on-site road-
way" improvement; 2) a four-lane undivided roadway from existing Lawson j
Road to the Rt. 643/Rt. 15 Bypass intersection with necessary acceleration,
deceleration and turn lanes and including the possible demolition of the
existing Rt. 643. Three lanes of this improvement shall be considered as
"offsite roadway" improvements; 3) interim improvements at the Rt. 643/Rt.
15 Bypass intersection which shall include: a) a left turn lane from north-
bound Rt. 643 to westbound Rt. 15 Bypass; b) extension of the existing left
turn lane and/or an additional left turn lane from westbound Rt. 15 Bypass
to southbound Rt. 643, exclusive of bridge improvements. If VDOT deter-
mines that bridge improvements are necessary for the above-referenced left
turn lane, then the Applicant will contribute 40% of the cost of the bridge
improvements as a nonrefundable cash contribution at such time as improve-
ments are constructed. Such improvements, with the exception of the exten-
sion of the existing left turn lane, shall be considered to be "offsite
roadway" improvements; c) if and when a traffic signal for the Rt. 643/Rt.
15 Bypass intersection is approved by the Town of Leesburg and VDOT, Appli-
cant will contribute 40% share of the cost of said traffic signal. This
traffic signal shall be considered to be an "offsite roadway" improvement;
and d) if and when a traffic signal for the Rt. 643 and Realigned Rt. 654
intersection is approved by the Town of Leesburg and VDOT, Applicant will
contribute 40% share of the cost of said traffic signal. This traffic
signal shall be considered to be an "offsite roadway" improvement.
(7) The Applicant, or its successor in interest, shall construct Re-
aligned Rt. 654 with the necessary acceleration, deceleration, turn lanes
and signalization in accordance with the Town of Leesburg and VDOT stan-
'� dards through the subject Property. The construction of Realigned Rt. 654
will occur as indicated on the phasing plan depicted on Sheet 9 of Exhibit
"A" with the final improvements constructed as traffic generation warrants
as determined by the Town of Leesburg and VDOT. This roadway improvement
shall be considered to be an "offsite roadway" improvement with the excep-
tion of any traffic signal at Stratford Center Parkway and Realigned Rt.
654.
396
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
(8) The Applicant, or its successor in interest, commits to request a
cumulative total of no more than four hundred (400) zoning permits through
December 31, 1989; seven hundred (700) zoning permits through December 31,
1990; one thousand (1000) zoning permits through December 31, 1991; and
thirteen hundred (1300) zoning permits through December 31, 1992. Addition-
ally, the Applicant will not request zoning permits for any multi-family
units prior to January 1, 1991. Further, the Applicant, or its successor
in interest, commits to a minimum of a three-month separation in time be-
tween the submission of site plans or subdivision plans for development
sections.
(9) The Applicant, or its successor in interest, commits to phasing
the sections of Stratford development with road improvements in accordance
with the phasing plan depicted on Sheet 9 of Exhibit "A".
(10) Applicant agrees that prior to obtaining zoning permits for indi-
vidual residential units actually constructed on the Property, Applicant,
or its successors in interest, will pay the Town the total sum of FIFTY
DOLLARS ($50.00) per residential unit constructed on the Property. Fur-
ther, Applicant agrees that prior to obtaining zoning permits for individu-
al buildings actually constructed on the Property, Applicant, or its succes-
sors in interest, will pay the Town the tota-1 sum of EIGHT CENTS ($0.08)
per gross square foot of commercial and office development construction on
the Property as a nonrefundable cash donation to the volunteer fire and
rescue facilities providing service to the Property, which monies will be
provided by the Town to fund fire and rescue services. Notwithstanding the
above, no payments under this paragraph shall be required for any buildings
to be devoted to uses such as recreational buildings, non-profit day care
facilities, churches, fire and rescue facilities, a library, post office,
or governmental service facilities.
(11) Applicant, or its successors in interest, agrees that prior to the
issuance of zoning permits for individual residential units constructed on
the Property, it will make a nonrefundable cash donation to the Town in the
amount of TWO HUNDRED FIFTY DOLLARS ($250.00) for each residential unit for
which a zoning permit is issued, such payments to be placed by the Town in
a fund for the improvement of the Ida. Lee Community Park.
(12) Applicant agrees that it will convey free and clear of all liens,
fee simple area of land composed of approximately two and one-half (2-1/2)
acres in the approximate location shown on Exhibit "A" as "Fire and/or
Rescue Station Site", to the Town for a future fire and/or rescue facility
at a time to be determined by the Town. Donation of this site to the Town
shall occur upon request of the Town following approval of the record plat
for the 2.5 acre parcel and the record plat for the Realigned Rt. 654. The
deed of conveyance shall contain provisions reserving in the grantor and
its successors rights for utility and/or drainage easements to accommodate
Applicant's proposed development. Any structures constructed on the Fire
and/or Rescue Station site shall be of comparable architectural style and
materials with the overall Stratford development.
(13) Applicant agrees that it will convey, free and clear of all liens,
in fee simple to the Town a parcel of land composed of approximately 62
acres located and fronting on the west side of Route 621 which is known as
the "Orchard Tract". Applicant will convey the Orchard Tract to the Town
within four (4) years of the date of this Rezoning/Preliminary Development
Plan Approval. The Orchard Tract is not currently served by public sewer
and water. In the event that the Loudoun County School Board acquires
title to the Orchard Tract for the purposes of a school site, and if by the
time construction of a school has been commenced there is neither public
sewer nor public water available to the Orchard Tract then Applicant agrees
to 1) extend public water and sewer lines to the nearest boundary of the
Orchard Tract; or 2) provide monies necessary to accomplish such extension
of sewer and water service to the nearest boundary of the Orchard Tract.
(14) Applicant agrees that it will dedicate, fee simple, free and clear
of all liens, to the party approved by VDOT and the Town to construct the
Dulles Toll Road Extension or other alternative regional roadway approved
by the Town, the land areas designated on Exhibit "A" for the probable
extension of the Dulles Toll Road (Route 267), upon request of the Town.
Such dedication shall reserve unto grantor, and its successors in interest,
any needed utility and/or drainage easements approved by the Town to accom-
modate Applicant's proposed development. The dedication envisioned by this
paragraph does not carry with it any obligation whatsoever on the part of
Applicant to engineer or construct any improvements related to such roadway.
397
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
(15) The Applicant, or its successor in interest, shall convey free and
clear of all liens, fee simple area of 18.5 acres desfgnated as "clear
zone" in Exhibit "A" to ensure that no development occurs within this ar-
ea. The Applicant, or its successor in interest, shall retain the right to
maintain this area, if desired at any point in time. Additionally, an •
easement restricting building heights shall be placed on an additional
38-acre area as designated on Sheet 3 of Exhibit "A". Further, the Appli-
cant, or its successor in interest, commits to work with the Town and FAA
during the development of site plans for the subject property to further
define any additional restrictions, including possible relocation and/or
consolidation of structures necessitated by the future adoption of an In-
strument Landing System for the Leesburg Airport with the intent that the
adoption of an ILS not be jeopardized while maintaining the square footage
of non-residential development and number of residential units of the pro-
posed development plan.
(16) Architectural elevations for any use for which there are no typi-
cal architectural elevations shown on Sheet 8 of Exhibit "A" shall be ap-
proved by the Town in conjunction with the subdivision or site plan approv-
al for the use.
( 17) All single family detached dwellings which have a chimney shall
have a masonry chimney. A minimum of thirty percent (30%) of the townhomes
will have brick facades. The facades of the multi-family buildings anda
minimum of twenty percent (20%) of the single family detached units will
include brick.
(18) In addition to the phasing plan commitments identified on Sheet 9
of Exhibit "A", Applicant, or its successor in interest, shall withhold
seeking zoning permits for any more than fifteen (15) percent of the total
approved square footage of retail and/or office development on the Property
until such time as the construction of the proposed Dulles Toll Road Exten-
sion or other alternate regional roadway has been completed to its juncture
with the Rt. 15 Bypass, or eight years from the date• of this document,
whichever shall occur first.
' (19) The Applicant, or its successor in interest, will convey free and
clear of all liens, fee simple area of a maximum of 0.5 acres generally
located along the west side of Rt. 643 approximately 300 feet north of its
intersection with Stratford Center Parkway for a water booster station.
The architectural style will be compatible with proffered elevations for
the Stratford development. No metal buildings or roofs shall be construct-
ed on this site.
The undersigned Fee Simple Owner of the property, which is the subject
of the aforesaid Application, does hereby voluntarily proffer the condi-
tions stated above, which conditions shall have the effect specified in
Section 15. 1-491 of the Code of Virginia (1950, as amended).
SECTION II. A Special Use Permit is approved for a child care facility
to be located on approximately two acres of land within the Stratford
Planned Residential Community as shown on the Rezoning Plan and in accor-
dance with the proffers approved for this project. The development of this
facility shall meet all applicable Leesburg Zoning and Land Development
Regulations for such uses.
SECTION III. This ordinance shall be in effect upon its passage.
Mr. Minor explained briefly the basic concepts of the rezoning and
then had the applicant summarize progress that had been made in the rezon-
ing. At the Council's prior committee meeting, Council asked the town
staff to work with the applicant to develop as good a land use proposal as
possible within a short period of time. A tremendous amount of additional
work has been accomplished and additional improvements in the proffers have
been achieved. This involves almost 450 acres of land rezoned to Planned
Residential Community and Planned Employment Center. This rezoning will
result in 250,000 square foot retail component to a 350,000 square foot
mixed use center.
Marty Brown, representing NVLand, briefly explained the proffer summa-
ry and the latest set of proffers. She said they are committing to a lot
of road improvements, the transportation contribution is now at $1,000 per
dwelling unit and $1.30 per square foot for commercial development. They
are dedicating 62 acres with water and sewer for the high school site, 18.5
acres for the clear zone with a building height restriction for the clear
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
zone as well, for Ida Lee Park they are contributing $250 per dwelling
unit, for fire and rescue services they are contributing $50 per dwelling
unit plus 8C per square foot for commercial development, as well as a 2 1/2
acre site along Route 654 and a number of other contributions which they
feel will benefit the town and their development.
Mr. Minor said he wanted to thank the applicant for all their coopera-
tion in this rezoning -- they have given us everything we have asked for.
He also thanked the town staff for all their hard work.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and
Mayor Sevila
Nay: None
88-114 - RESOLUTION - APPROVING THE BUDGET AND MAKING APPROPRIATIONS FOR
THE FISCAL YEAR ENDING JUNE 30, 1989
On motion by Mr. Kelley, seconded by Mr. Tolbert, the following resolu-
tion was proposed and unanimously adopted by roll call:
WHEREAS, the budget and tax rate for the fiscal year ending June 30,
1989, have been presented and reviewed by this Council; and
WHEREAS, a public hearing on the proposed budget and tax rate was held
on May 25, 1988; and
WHEREAS, the manager has prepared the Revised Budget and Initial Appro-
priations for the fiscal year ending June 30, 1989, dated June 7, 1988, to
reflect adjustments made by the Council dated June 7, 1988, and filed the
same with Clerk of Council:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The revised Budget dated June 7, 1988, is adopted and appro-
priations are made for the fiscal year ending June 30, 1989, in the amounts 111shown to the categories and accounts under the "1989 Budget" column for the
general, utility, airport and capital projects fund, provided that capital
projects fund appropriations remain in effect until the projects are com-
pleted.
SECTION II. The manager is authorized to transfer appropriations made
herein to accounts within the same departmental budget as long as the total
appropriation for the department is not adjusted.
SECTION III. The manager is authorized to transfer amounts from the
contingency accounts established in the General and Utility Funds to the
respective departmental budgets for the purpose of implementing the town's
pay and classification plan transmitted to Council by memo dated June 10,
1988.
Aye: Councilmembers Clem, Kelley, Leach, Tolbert and Mayor Sevila
Nay: Councilmember Curry
88-0-21 - ORDINANCE - AMENDING CHAPTER 12. 1 OF THE TOWN CODE REGARDING
REVISED PAY AND CLASSIFICATION PLAN
On motion by Mr. Kelley, seconded by Mr. Leach the following ordinance
was proposed and unanimously adopted:
WHEREAS, a study of the town's pay and classification plan resulted in
a wholesale revision of the plan; and
WHEREAS, the study' s recommendations have been discussed in detail at
the June 7, 1988, budget workshop, and the June 14, 1988, Finance and Admin-
istration Committee and the June 20, 1988, special meeting; and
WHEREAS, the recommendations bring the town' s pay plan up to a competi-
tive level with other Northern Virginia jurisdictions; and
WHEREAS, the recommended revisions are designed to attract and retain
high quality town employees:
. 399
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows: -
SECTION I. Section 12. 1-10 of the Town Code, Classification of town
employees by occupational group and pay grades, is amended to read as fol- -
lows:
Sec. 12. 1-10. Classification of town employees by occupational
groups and pay grades.
Employees in the town service are classified in the following occupa-
' tional groups and pay grades:
Occupational Pay
Groups Position Grade
Executive-Managerial Director of Engineering and 24 26
If
Public Works
it tt
Assistant-Director-of-Eng- 22
ineering-&-Public-Works
ir ti
Chief of Public Works 23
Director of Utilities 22 25
II II
Director of Finance 22 25
ft if
Director of Planning, Zoning 22 25_
and Development
ft ft
Assistant Town Manager 21- 25
if ft
Chief of Police 21- 25
It II
Director of Parks & 21- 23
Recreation
ft if
Ghief;-Pian-Review 24
Chief of Engineering 23
Law Enforcement Parking-Meter-Attendant 3
Parking Control Officer 1
it
Police Private 13
ti
Police Officer 11
ft
Private First Class 14
111ft
" Corporals 13
If
Sergeant FE 15
tt
Lieutenant f7- 18
Captain 1-8 21
Administrative-Clerical Receptionist/Secretary 6
11 If
Clerk Typist 3
ft II
Secretary 7- 5
if tt
Accounting Clerk I 8 3
II II
Accounting Clerk II 9 5
Administrative-Assistant 9
Administrative Secretary 7
Zoning & Development Asst. 42 10
tt it
Executive Secretary 11 10
II II
Clerk of Council 11
tt ti
Deputy Clerk of Council 9 7
ft ft
Personnel Assistant 19 8
Supervisory Equipment-Maintenance-Snptc 46
II
Equipment Operator & Maint. 15
if
Water Supply Superintendent 18
II
Streets, Buildings & Grounds 17
if
Superintendent
tt
Utility Lines Superintendent 17
it
WPCF Superintendent 18
Technical Utifity-Maintenance-Assistant 3
Assistant Utility Plant 5
II
II
Mechanic —
Senier-8gx4pment-9peeateE 11
Heavy Equipment Operator 7
Finance-Technician 41
Utility Billing Technician 8
ti
Asst. Streets, Bldg. & 13
Grounds Superintendent
ft
Operator I 13 11
Operator II 12 10
ft
Operator III 19 7
Operator. IV 8 4
Asst. Ut. Lines Supt. (Maint. ) 13
ti
Asst. Ut. Lines Supt. (I&I) 13
ft
Utility-Plant-Maint--Foreman 44
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
I & I Technician 44 7
Senior Utility Plant Mechanic 11
Asst. Water Supply Supt. 14 Ti
Capital Projects Coordinator 46 15
Capital Projects Represent. 4$ 14
Asst. WPCF Superintendent 44 13
Facility Inspector 14 13
Zoning Technician 11
Systems Technician 8
Professional Chief Inspector 15
Engineer II 18
Engineer I 16 15
Chief of Comprehensive H8 19
Planning
Chief of Current Planning k& 19
Planner II i6 17
Asst. Director of Finance 15
Zoning Administrator 14 18
Construction/Maint. Laborer 6 1
Maintenance-Person-I 9
Maintenance Worker II 7
Maintenance-Person-If 44
Maintenance Worker I 5
SECTION II. Section 12. 1-15 of the Town Code, being the pay grades for
compensation of employees in the town service, is amended to read as fol-
lows:
Sec. 12. 1-15. Pay grades and steps.
The pay grades for compensation of employees in the town service are as
follows:
Grade Range
1 $13,096-19,657
2 13,751-20,640
3 14,438-21,672 11 .
4 15, 160-22,756
5 15,918-23,893
6 16,714-25,088
7 17,550-26,342
8 18,427-27,660
9 19,349-29,042
10 20,316-30,495
11 21,332-32,019
12 22,399-33,620
13 23,519-35,301
14 24,694-37,066
15 25,929-38,920
16 27,226-40,866
17 28,587-42,909
18 30,016-45,054
19 31,517-47,307
20 33,093-49,673
21 34,748-52, 157
22 36,485-54,764
23 38,309-57-502
24 40,225-60-377
25 42,236-63,396
26 44,348-66,566
SECTION III. All prior ordinances in conflict herewith are repealed.
SECTION IV. This ordinance shall be effective for payrolls in the
fiscal year beginning July 1, 1988.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor
Sevila
Nay: None
VD1
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
On motion by Mr. Kelley, seconded by Mr. Curry, the following resolu-
tions were proposed and unanimously adopted as consent items:
88-115 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE
TOWN'S SERVICE TO IMPLEMENT FY 1989 BUDGET
WHEREAS, the FY 1989 town budget includes thirteen new positions; and
WHEREAS, the budget also reflects a recently completed pay and classifi-
cation study which updated the town's classification titles; and
WHEREAS, the additional positions plus title changes must be reflected
in our staffing plan:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The positions and numbers of employees in the town service
established for the fiscal year beginning July 1, 1988, are amended as
follows:
Number of Full-Time Equivalent
Positions Authorized
LEGISLATIVE DEPARTMENT
Clerk of Council 1
Deputy Clerk 1
EXECUTIVE DEPARTMENT
Manager 1
Assistant Town Manager 1
Executive Secretary 1
Personnel Assistant 1
' Administrative Secretary 1
Clerk Typist 1
FINANCE DEPARTMENT
Director of Finance 1
Assistant Director of Finance 1
Finance-Technician }
•
Accounting Clerk II 2 1
Accounting Clerk I 1
Systems Technician 1
Utility Billing Technician 1
POLICE DEPARTMENT
Chief of Police 1
Captain 1
Lieutenant 2
Sergeant 6 7
Corporal 4 5
Private-First-61ass 2
Private 8
Police Officer 12
Administrative-Assistant }
Administrative Secretary 1
Secretary 1
Parking-Meter-Attendant
Parking Control Officer 1
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works 1
Chief of Public Works 1
Assistant-Birecter-of-Engineering-&-PW 4
Administrative-Assistant 2
Administrative Secretary 2
I
ki1Ot MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
t
i ENGINEERING AND INSPECTIONS
6hief;-Pian-Reviero 4
Chief of Engineering 1
Engineer II 2 7
Engineer I 1
Capital Projects Coordinator 1
Capital Projects Representative 1
Chief Inspector 1
Facility Inspector 3
STREET MAINTENANCE
Superintendent 1
Assistant Superintendent 1
Maintenance-Person-if 2
Maintenance Worker II 3
Maintenance-Person-i 4
Maintenance Worker I 5
Laborer 6- 8
Laborer (Temporary) 1
EQUIPMENT MAINTENANCE
Superintendent 1
Srr-Equipment-9perator 4
Heavy Equipment Operator 1
Mechanic II 1
Mechanic I 1
Laborer 1
PARKS AND RECREATION
Director of Parks and Recreation 1
Secretary - ..r5- 1
PLANNING, ZONING AND DEVELOPMENT
Director Planning, Zoning and Development 1
Chief of Comprehensive Planning 1
Chief of Current Planning 1
Zoning Administrator 1
Planner II 3
Zoning and Development Assistant 1
Secretary 1
Zoning Inspector Technician 1
UTILITIES
ADMINISTRATION
Director of Utilities 1
Maintenance-Foreman 4
Senior Utility Plant Mechanic I
Administrative-Assistant 4
Administrative Secretary 1
Maintenance-Assistant 4
Assistant Utility Plant Mechanic 1
WATER POLLUTION CONTROL
Superintendent 1
Assistant Superintendent 1
Operator I 2
Operator II 1
Operator III 2
Operator IV 2 3
Laborer 1
Laborer (Temporary) .25
UTILITY LINES
Superintendent 1
Assistant Superintendent for I&I 1
Assistant Superintendent for Maintenance 1
lip3
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
Maintenance-Person-II
Maintenance Worker II - 2
ISI Technician 1
Meter Technician 1
Maintenance Worker I 2
Laborer 2
Laborer (Temporary) .25
WATER SUPPLY DIVISION
Superintendent 1
Assistant Superintendent 1
Operator II 2
Operator III 1
Operator IV 1
Laborer (Temporary) .25
TOTAL PERSONNEL AUTHORIZED
Full Time 129. 75
Part Time or Temporary (expressed as
equivalent to full time staffing) 7
SECTION II. A supplemental appropriation of $15,000 is made from the
General Fund Unappropriated Fund Balance to General Fund Account Number
200-8101-100-010, for the fiscal year ending June 30, 1988.
88-116 - RESOLUTION - ENDORSING STAFF COMMENTS ON A LOUDOUN COUNTY
SPECIAL EXCEPTION REFERRAL - APPLICATION 388-11.
SPRINGWOOD PSYCHIATRIC CLINIC
WHEREAS, a Loudoun County Special Exception Application by the
Springwood Psychiatric Clinic was referred to the Town for comment, pursu-
ant to the 1982 Town/County Annexation Agreement; and
WHEREAS, the application proposes the expansion of existing facilities
as well as the development of additional new institutional facilities on
45. 98 acres of land located in the A-3, Agricultural Residential District;
and
WHEREAS, the proposed expansion of Springwood Psychiatric Clinic gener-
ally does not conflict with the Town Plan, the Annexation Area Development
Policies, or the Leesburg Area Management Plan:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Council generally endorses the proposed expansion of
the Springwood Psychiatric Clinic with the following qualifications:
1. Further expansion of Springwood Psychiatric Clinic beyond
this proposal should be limited, and subdivision of the property
should be restricted to preserve Springwood as a Permanent Open
Space Anchor, as designated by the Town Plan.
2. A separate left-turn lane should be constructed on Route 15 at
the main entrance to Springwood Psychiatric Clinic to enhance
the Level of Service and safety for northbound traffic along
Route 15.
3. As part of this special exception request, copies of all
applications to the Virginia State Department of Health, the
State Water Control Board, and the Loudoun County Sanitation
Authority for expanded wastewater treatment and new well
facilities for the Springwood Psychiatric Clinic should be
forwarded by the County of Loudoun to the Town of Leesburg
for review.
SECTION II. The Town Manager is directed to forward this resolution
• and staff comments to the Loudoun County Planning Department.
CD4
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
88-117 - RESOLUTION - APPROVING THE PRELIMINARY PLAT FOR THE EXETER
PLANNED RESIDENTIAL NEIGHBORHOOD
WHEREAS, the Town Council has authority to approve preliminary plats
for all or part of a planned development submitted under Section 7B(5)(f)
of the Leesburg Planned Development Regulations; and
WHEREAS, the preliminary development plan for the Exeter Planned Resi-
dential Neighborhood was approved by Ordinance Number 85-0-9 on May 22,
1985; and
WHEREAS, a revised preliminary plat for the Exeter Planned Residential
Neighborhood was approved by Ordinance Number 87-0-28 on October 28, 1987;
and
WHEREAS, the preliminary plat for Exeter Planned Residential Neighbor-
hood, which includes single-family homes, townhouses and recreation facili-
ties, was recommended to Council for approval by the Planning Commission on
June 16, 1988; and
WHEREAS, the preliminary plat meets the requirements of Sections 7B-11
and 7B-12 of the Planned Development Regulations and Section 13-61 of the
Subdivision and Land Development Regulations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The preliminary plat for Exeter Planned Development Neighborhood, as
received by the Town on June 6, 1988, is conditionally approved subject to
corrections and additions to the plans specified in a letter from the
Leesburg Engineering Department dated June 10, 1988, and agreed to by the
applicant in a letter dated June 14, 1988.
88-119 - RESOLUTION - AUTHORIZING A 60-DAY EXTENSION FOR PLANNING
COMMISSION REVIEW OF AMENDMENTS TO THE TOWN PLAN
WHEREAS, the Council, by Resolution No. 88-53 on March 9, 1988, re- 111ferred proposed amendments to the 1986 Leesburg Town Plan to the Planning
Commission for review and recommendation; and
WHEREAS, the Planning Commission was directed by that resolution to
report its recommendation within 45 days of the April 27, 1988, joint pub-
lic hearing on these amendments; and
WHEREAS, the Planning Commission by action at its June 2, 1988, meeting
requested an additional 60 days to reports its recommendation to Council;
and
WHEREAS, these amendments and the testimony received at the joint pub-
lic hearing require careful consideration by the Commission:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
The Planning Commission is hereby granted an extension for its review
and recommendation on the 1988 Town Plan- amendments until August 18, 1988.
88-119 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS INSTALLATION FOR LEESBURG
AIRPARK BUILDING "F" AND ROUTE 643 FRONTAGE IMPROVE-
MENTS
WHEREAS, the Town's Director of Engineering and Public Works has re-
viewed the public improvements installed to date for Leesburg Airpark Build-
ing "F" and the Route 643 Frontage Improvements and certifies that the
value of work performed is $28,000.00 for Building "F" and $82,000.00 for
the Route 643 Frontage Improvements; and
WHEREAS, an irrevocable letter of credit from the Washington Bank of
Falls Church, Virginia, in the amount of $35,000.00 has been provided by
the developer and approved by Council to guarantee installation of public
improvements for Leesburg Airpark Building "F" and an irrevocable letter of
credit from the Washington Bank of Falls Church, Virginia, in the amount of
$102,500.00 has been provided by the developer and approved by the Council
to guarantee the installation of the Route 643 Frontage Improvements.
Yogis
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
THEREFORE, RESOLVED by the Council_ of the Town of Leesburg in Virginia
as follows:
SECTION I. The letter of credit for Leesburg Airpark Building "F" from
the Washington Bank of Falls Church in the amount of $35,000.00 is reduced .
to $7,000.00 and the letter of credit for the Route 643 Frontage Improve-
ments from the Washington Bank of Falls Church in the amount of $102,500.00
is reduced to $20,500.00
SECTION II. The Town Manager shall notify the developer that liability
for the letter of credit funds has been reduced as outlined in Section I of
this resolution, and that this reduction does not constitute acceptance of
public improvements by the Town or relieve the developer of responsibili-
ties outlined in the contract for public improvements for Leesburg Airpark
Building "F" and the Route 643 Frontage Improvements.
88-120 - RESOLUTION - SETTING A PUBLIC HEARING FOR SPECIAL EXCEPTION
/188-1 FOR OUTDOOR STORAGE IN A PD-IP ZONE BY THE
WARD CORPORATION
WHEREAS, the Ward Corporation has requested a special exception, as-
signed application 1188-1, to allow outdoor storage in a PD-IP zone for a
potential client of Building "F" of the Leesburg Airpark Business Center;
and
WHEREAS, in accordance with Section 1211 of the Loudoun County Zoning
Ordinance, as adopted and administered by the Town of Leesburg, a public
hearing before the legislative body is required as part of the review for
such a special exception:
NOW, THEREFORE, RESOLVED by the Council of Leesburg in Virginia as
follows:
A Notice of Public Hearing to consider Special Exception #88-1 by the
Ward Corporation to allow a proposed 70-foot x 90-foot outdoor storage yard
attached to the rear of Building "F" in the Leesburg Airpark Business Cen-
ter, located at 741 Miller Drive, S.E. , shall be published in the Loudoun
Times-Mirror. The notice shall be published on June 30, and July 7, 1988,
for public hearing on July 13, 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
88-0-22 - ORDINANCE - AMENDING CHAPTER 15 AND 19 OF THE TOWN CODE
REGARDING REVISED AVAILABILITY FEES FOR SEWER AND
WATER CONNECTIONS
On motion by Mr. Kelley, seconded by Mr. Tolbert, and after a brief
explanation by Mr. Minor, the following ordinance was proposed and unani-
mously adopted:
WHEREAS, Council Resolution No. 87-258, adopted November 25, 1987,
directed the manager to prepare an availability fee rate study and recom-
mended availability fee schedule to be considered in conjunction with the
FY 89 budget process; and
WHEREAS, a report entitled, "An Availability Fee Rate Study Thru the
Year 2000" was prepared and submitted to the Council on March 4, 1988; and
WHEREAS, this rate study developed a revised availability fee rate
schedule which updates capital costs for future water and sewer improve-
ments to accommodate new growth; and
WHEREAS, the recommended availability fee schedule more accurately
reflects the amounts new utility users should pay to help fund future utili-
ty capital projects; and
WHEREAS, a public hearing was held on the proposed rate schedule pursu-
ant to Section 15. 1-29. 14 of the 1950 Code of Virginia, as amended; and
WHEREAS, this Council recognizes that the rate study's proposed capital
costs for Leesburg's next water pollution control facility expansion did
1A0 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
not anticipate the advanced wastewater treatment (AWT) design criteria
promulgated under the Dulles Area Watershed Policy of "the State Water Con-
trol Board; and
WHEREAS, this Council further recognizes that any final determination •
which results in the elimination of Leesburg's interim permit requirements
in favor of AWT standards will result in significant increases in the
town's water and sewer availability fees:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Section 15-14 of the Town Code, "Availability Charge for
Sewer Service," is amended to read as follows:
Sec. 15-14. Availability charge for sewer service.
(a) Before any person connects with or discharges sewage into the town
sewer system or extends sewer use on any premises to any additional dwell-
ing, commercial or industrial use, a sewer service availability fee shall
be paid in amounts provided below in addition to fees prescribed in Sec-
tions 15-12 and 15-13.
(b) The sewer connection and sewer service availability fees shall be
paid prior to the issuance of a zoning permit or, where no zoning permit is
required, before extension of sewer service to any new or additional use on
the premises. The manager shall discontinue sewer service to premises for
which the fees required in this article remain unpaid for ten days from the
date of notice of the amount of such fees to the owner.
(c) The abandonment or discontinuance of a sewer system or the reduc-
tion of sewer system use does not entitle any person to refund of fees paid.
(d) The fees provided in this section shall not apply to single-family
dwellings existing within the town on June 10, 1970, and which are contin-
ued in single-family residential use after connection to the sewer system.
(e) The fees provided in this section shall be reduced by
$1;75e7ee $2,040 for lots of record for which a connection fee was
paid prior to June 10, 1970.
(f) Sewer service availability fees for residential uses shall be as
follows:
Discharge Facility Fee
One-bedroom dwelling, each $4745788 $2,040
Two-bedroom, multi-family dwelling or townhouse
with basement, each 4;452788 $2,040
Three- or more bedroom dwelling, two-bedroom
dwelling with den or other room capable of
being converted to a bedroom, or two-bedroom,
single-family detached dwelling, each 47454740 $2,040
Mobile home, each 47432-88 $2,040
(g) Sewer service availability fees for non-residential uses shall be
$1-,a4A-.40 $2,040 or more depending on the estimated sewage flow and re-
quired treatment characteristics from the user as compared to the sewage
flow and required treatment characteristics from the average single-family
dwelling. Fees shall be calculated as follows:
All non-industrial uses: 44,-7541-04 $2,040 or $3.55 $5.61 per gallon
per day of the estimated sewage flow from the user, whichever is greater.
All industrial uses: The greater of $1,J5A4A $2,040 or 4.1,5S- $5.61
per gallon per day of the estimated sewage flow from the user, plus an
additional charge in proportion to the excess biochemical oxygen demand,
suspended solids, or other pollutant discharge of the user above the aver-
age pollutant discharge of residential users on the system.
(h) Fees shall be determined by the manager based on accepted engineer-
ing standards for sewage discharge. The council shall hear and decide
appeals from determinations of fees by the manager.
7
MINUTES OF' REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
•
(i) If any person enlarges a structure or extends the use of the town
sewer system to any new or additional use on'a premises, an availability
fee as determined in paragraph (g) above shall be paid for the additional
use, whether or not a new or enlarged connection is required.
SECTION II. Section 19-23 of the Town Code, "Availability for Water
Service", is amended to read as follows:
. Section 19-23. Availability charges for water service.
(a) Before any person connects with or withdraws water from the town
water system or extends water use on any premises to any additional dwell-
ing, commercial or industrial use, a water service availability fee shall
be paid in amounts provided below in addition to fees prescribed in Sec-
tions 19-21 and 19-22.
(b) The water connection and water service availability fees shall be
H paid prior to the issuance of a zoning permit or, where no zoning permit is
I
required, before extension of water service to any new or additional use on
the premises. The manager shall discontinue water service to premises for
which the fees required in this article remain unpaid for ten days from the
date of notice of the amount of such fees to the owner.
(c) The abandonment or discontinuance of a water system or the reduc-
tion of water system use does not entitle any person to refund of fees paid.
(d) The fees provided in this section shall not apply to single-family
dwellings existing within the town on June 10, 1970, and which are contin-
ued in single-family residential use after connection to the water system.
(e) The fees provided in this section shall be reduced by $.4r45.9
$1,450 for lots of record for which a connection fee was paid prior to June
10, 1970.
(f) Water system availability fees for residential uses shall be as
follows:
Use Fee
One-bedroom dwelling, each 814;$,g8 $1,450
Two-bedroom, multi-family dwelling or
townhouse without basement, each 1;423r99 $1,450
Three-or more bedroom dwelling, two-bedroom
dwelling with den or other room capable of
being converted to a bedroom, or two-bedroom, -
single-family detached dwelling, each tif50rOO $1,450
Mobile home, each t7452700 $1,450
(g) Water service availability fees for non-residential uses shall be
$3;-736 $1,450 or more depending on the estimated water flow to the user as
compared to the water flow to the average single-family dwelling. Fees
shall be calculated as follows:
All other uses: 847488 $1,450 or 82-86 $2.50 per gallon per day of the
estimated water flow to the user, whichever is greater.
(h) Fees shall be determined by the manager based on accepted engineer-
ing standards for water supply.. The Council shall hear and decide appeals
from determinations of fees by the manager.
(i) If any person enlarges a structure or extends the use of the town
water system to any new or additional use on a premises, an availability
fee as determined in paragraph (g) above shall be paid for the additional
use, whether or not a new or enlarged connection is required.
SECTION III. All prior ordinances in conflict herewith are repealed.
SECTION IV. This ordinance shall be in full force and effect on August
1, 1988.
Mr. Minor explained this would adopt new availability fees for the
Town of Leesburg effective August 1. It results in a 28% overall increase
in the combined water and sewer availability fee for commercial property.
The residential fee for sewer is increased to $2,040.00 -- the commercial
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 22, 1988
to $5.61 per gallon per day or a minimum of $2,040.00. For water, the fee
will be $1,450.00 or $2.50 per gallon per day.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and Mayor
Sevila
Nay: None
On motion by Mr. Kelley, and duly seconded, a resolution approving a
special exception for multi-family dwellings in a B-2 zoning district and
additional density in the H-1 historic district for Dry Mill Manor by Fort
Beauregard Associates, Inc. , was proposed and after a brief discussion was
referred back to the Finance and Administration Committee on July 5 for
further consideration.
Aye: Councilmembers Clem, Curry, Kelley, Leach, Tolbert and
Mayor Sevila
Nay: None
On motion by Mr. Kelley, and duly seconded, the meeting was adjourned.
Mayor
Clerk of %uncil
sw
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t