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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 • - 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 • 1 t