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HomeMy Public PortalAbout1988_07_262s MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia, on July 26, 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 members of Boy Scout Troop 982. Present were Mayor Sevila; Councilmembers James Clem; Christine Forester; Donald Kimball; Claxton Lovin; and Vice -Mayor John Tolbert, Jr. Staff members present were Town Manager Jeffrey H. Minor; Director of Finance Paul York; Director of Engi nearing and Public Works Tom Mason, Director of Planning, Zoning and Devel- opment Martha Mason -Semmes; Zoning Administrator Andy Conlon and Deputy Town Attorney Deborah Welsh. Also present were the following members of the Planning Commission: Chairman Bill Webb, Christine Forester; Ann Dar- ling; Mervin Jackson; Marvin Belles; and Carl 'Johnson. At this time, the Mayor welcomed members of Boy Scout Troop 982. On motion by Mr. Tolbert, seconded by Mr. Clem, it was recommended the minutes of the regular meeting of September 23, 1987, be approved as writ- ten. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None PETITIONERS Bill Shake, representing Northern Virginia Building Industry Adminis- tration (NVBIA), said there was serious concern regarding the ordinance that is up for adoption at this meeting. He thought Council had received a letter from Dave Bowers of Patton Harris and Rust, who is also on the NVBIA Committee for the Town of Leesburg. For the most part, they applaud the ordinance and feel the rules and regulations that have been implemented are a step in the right direction for the community as well as for the NVBIA. However, they feel the language which would adopt this ordinance is very vague and would present a hardship on many of the members of the building and development community, specifically in Section 4, the last sentence of the ordinance. The town has taken a great step in "grandfathering" develop- ment plans that have already been accepted. However, the plan has fallen short in that the preliminary plans that have been approved by the town will be accepted as they are but, before they are accepted in the develop- ment stage of the process, they will need to be conformed to this new ordi- nance. On behalf of the NVBIA and much of the development community in Leesburg, this would create a hardship. They implored the town to review this procedure, and take appropriate steps so that plans currently ap- proved on a preliminary basis would be brought completely through the sys- tem as they are now. New plans that were accepted for preliminary approval by the town after the adoption of this would be a much better cut-off point for the adoption of this new ordinance. JOINT PUBLIC HEARING ON REQUIREMENTS FOR STREET TREES Mr. Minor explained this applies our street tree ordinance to single- family uses. Over a year ago there was a change made to attempt to elimi- nate its application to single-family detached uses. Unfortunately, the terminology selected implies that it would not apply to single-family de- tached residential districts. So, we have decided that the better solution is to go ahead and make the ordinance apply to single-family detached uses, as well as the rest of the town. The public hearing was closed at this time. This matter was referred to the Planning Commission for consideration later this evening. JOINT PUBLIC HEARING AMENDING ZONING ORDINANCE REGARDING OCCUPANCY PERMITS AND AS -BUILT HOUSE BUILDING LOCATION PLANS Mr. Minor reported that the town for several years has required as - built surveys to delineate where a building is on a given lot, most impor- tantly with residential units, to insure that front, rear and side yard requirements are met. The language that would require this was not in our ordinance, therefore, we have proposed legislation to do this. The public hearing was closed at this time. The matter was referred to the Planning Commission for consideration later this evening. 24 (Intentionally left blank) 1 1 1 25 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 JOINT PUBLIC HEARING REENACTING PORTIONS OF ARTICLE 11 OF THE LOUDOUN COUNTY ZONING ORDINANCE AS ADOPTED AND ADMINISTERED BY THE TOWN Mrs. Semmes said this legislation would reenact a portion of the Loudoun County Ordinance which the town still administers for a large por- tion of the annexation area. This would reinstitute some standards and procedures for the review of special exception applications by the Board of Zoning Appeals. These special exceptions are authorized under the County zoning districts for specific uses in those different districts and while those special exceptions are still authorized in our ordinance until we readopt these procedures and standards, the BZA has no guidelines for re- viewing these particular applications. These were inadvertently repealed when another section of our zoning ordinance was revised. Mr. John Niccolls commented regarding the procedure being used on these three public hearings -- all of them apparently being adopted at the same meeting where the public hearings are being held. He suggested that on two of these matters with which he is familiar, an opportunity for writ- ten public comment after the hearing might be appropriate and, in fact, the Council's invitation to the public indicates that the public hearing record will be open for ten days after the hearing. He requested, where possible, this procedure be followed. The public hearing was closed at this time. The above three public hearings were referred to the Planning Commis- sion for its consideration. The Mayor asked them to please adjourn to the Council conference room and report back to Council when they have a recom- mendation. Mr. Webb requested Mrs. Forester and Mrs. Semmes meet with them. COUNCILMEMBER COMMENTS Mr. Lovin said the Board of Architectural Review Board met and ap- proved one sign along with several alterations in new construction items. Another item that may come before Council is construction of a large office ' building on Edwards Ferry Road which is in the Historic District. Mr. Clem said he would like to thank the town and staff for implement- ing the traffic light at Cardinal Park. Mr. Kimball reported the Northern Virginia Planning District Commis- sion would hold their first meeting but he would not be able to attend because he would be out of town. Mr. Tolbert said the Environmental Advisory Commission met this week and there was a lot of discussion concerning trees. He also reported that he, Mrs. Joan Rokus, and Mr. Ben Lawrence attended a ceremony for national awards given out by Private America. Keep Loudoun Beautiful was one of the recipients of the award given nation-wide. There were 93 groups there so this was quite an achievement for Loudoun County. MANAGER'S REPORT Mr. Minor said Council received an Activity Report on Monday and he had a few comments as follows: (1) There has been interest concerning the desirability of a town -wide architectural control to develop architectural control over certain areas outside of our Historic District. Work has begun on legislation -- basical- ly we are looking at an historic corridor control ordinance that will par- ticularly target areas contiguous to the bypass, Route 7 and Route 15 and perhaps Route 643. We would have two levels of architectural review both performed under our tentative recommendation at this point by the existing Board of Architectural Review and instead of meeting once a month they would perhaps meet twice a month. (2) We had unwelcomed news that Jerry Callan, Capital Projects Repre- sentative, was resigning by the middle of August. We hated to see him leave because he was such a seasoned person who had a great deal of knowl- edge about construction and was invaluable to us on our existing capital projects underway. (3) The work continues on the design of the municipal government cen- ter/parking complex. At this point we are looking at a 364 -space facility ' 26 MIt1UTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 which is substantially larger than our original projections and it does reflect Council's actions some months ago to increase the size of the facil- ity. We expect to put this out to bid in late October. LEGISLATION 88-137 - RESOLUTION - AUTHORIZING TOWN ASSISTANCE WITH THE WAR MEMORIAL PLAZA On motion by Mr. Tolbert, seconded by Mr. Lovin, the following resolu- tion was proposed, and unanimously adopted: WHEREAS, a memorial to the Loudoun veterans of the Viet Nam War will be ' erected on the courthouse square this summer; and WHEREAS, as a part of this work, the existing memorials to other armed conflicts will be restored in a central plaza in honor of all of Loudoun's veterans: and WHEREAS, town assistance has been requested with the construction of the brick surfaced plaza; and WHEREAS, this Council desires to participate in this very worthwhile project: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to make available the town's Street Division masonry crew to provide the labor and supervision for the construction of the brick war memorial plaza to be erected on the Loudoun County Courthouse lawn. Aye: Councilmembers Clem, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None I 88-138 - RESOLUTION - AUTHORIZING ADDITIONAL ENGINEERING SERVICES FOR PHASE VI STORM DRAINAGE PROJECT On motion by Mr. Clem, seconded by Mr. Lovin, the following resolution was proposed and, after a brief discussion, was unanimously adopted: WHEREAS, the Northern Virginia Regional Park Authority (NVRPA) Board has approved in concept the revised plan routing the storm water in a closed pipe within their right-of-way; and WHEREAS, the plan also includes the design of a larger water main in Dry Mill Road to comply with the master plan and a full curb and gutter section for both sides of Dry Mill Road; and WHEREAS, the additional engineering services for this project total $39,350.00; to include additional surveying, geotechnical investigation, engineering design and construction document preparation; and WHEREAS, sufficient funds were included in the FY 1988-89 Budget to cover the change order: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The Town Manager is authorized to execute a change order to the engi- neering services contract in the amount of $39,350.00 for additional engi- neering services for the Phase VI Storm Drainage Improvement Project. Aye: Councilmembers Clem, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 27 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 88-139 - RESOLUTION - AUTHORIZING A CONTRACT WITH PITT -DES MOINES. INCORPORATED FOR CONSTRUCTION OF THE HOGBACK MOUN- TAIN WATER TANK On motion by Mr. Tolbert, seconded by Mr. Clem, the following resolu- tion was proposed and, after a brief discussion, was unanimously adopted: WHEREAS, the 1973 water systems study prepared the Town of Leesburg by Johnson and Williams Consulting Engineers recommended construction of a water storage reservoir on the eastern slope of Hogback Mountain for equal- ization of flows and for fire protection in the southwestern quadrant of the town's water service area; and WHEREAS, the Town of Leesburg duly advertised and received bids on July 71 1988, from three prospective contractors to provide construction servic- es in accordance with published bid documents and pursuant to State and local procurement laws; and WHEREAS, Pitt -Des Moines, Inc., was the lowest responsive and responsi- ble bidder, in the amount of $812,000; and WHEREAS, the fiscal year 1989 budget, as adopted by Council includes an appropriation of $880,000 for this project: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: The manager is authorized and directed to enter into a contract on behalf of the town, in a form approved by the town attorney with Pitt -Des Moines, Incorporated, in the amount of $812,000 for construction of the Hogback Mountain Water Tank. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None ' The Planning Commission returned at this time. The Mayor asked if they had a recommendation for Council concerning the legislation amending the Leesburg Zoning Ordinance regarding street trees in a single-family de- tached residential districts. Mrs. Forester reported that Planning Commis- sion had voted unanimously to recommend adoption. r" 88-0-25 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING STREET TREES IN SINGLE-FAMILY DETACHED RESIDENTIAL nTCTRTr.T.r On motion by Mr. Tolbert, seconded by Mr. Kimball, the following ordi- nance was proposed and unanimously adopted as amended: WHEREAS, Section 9A-6 of the Leesburg Zoning Ordinance requires the planting of street trees along new public streets in all zoning districts, except single-family detached residential districts; and WHEREAS, the adopted Town Plan encourages landscaping and tree planting in all new developments; and WHEREAS, street trees in single-family residential neighborhoods sub- stantially contribute to the quality of life by providing shade, habitats for urban wild life and a more attractive streetscape; and WHEREAS, street trees further contribute to the stabilization of resi- dential neighborhoods and enhance property values; and WHEREAS, the Planning Commission and Council held a joint public hear- ing on these amendments on July 26, 1988; and WHEREAS, the Planning Commission recommended adoption of this legisla- tion on July 26, 1988; and WHEREAS, these amendments are in the best interest of the public health, safety, convenience and welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: 28 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 SECTION I. Section 9A-6 of the Leesburg Zoning Ordinance entitled "Applicability" is hereby amended to read as follows: 9A-6 Applicability. Street tree planting is required any time a public street is constructed, extended or widened. This requirement shall apply to all zoning districts except-�inbie-family-delnehed re�idenCia3 triels. In general street trees shall be planted in the public right-of-way and maintenance of these trees shall be the responsibility of the Town of Leesburg. Where parking lots abut public street rights- of-way the requirements of Section 9A -9(c) shall apply. SECTION II. All prior ordinances in conflict herewith are repealed SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the section as a whole or of any remaining provi- sions of the article. SECTION IV. This ordinance shall be in effect upon its passage. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-0-26 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING OCCUPANCY PERMITS AND AS -BUILT HOUSE/BUILDING LOCATION PLANS On motion by Mr. Clem, seconded by Mr. Lovin, the following ordinance was proposed and unanimously adopted: The Mayor asked if the Planning Commission had a recommendation. Mrs. Forester reported that the Planning Commission had voted unanimously to recommend adoption. WHEREAS, this Council initiated amendments to the Leesburg Zoning Ordi- nance on July 12, 1988, to require as -built house/building location plans to be submitted to the zoning administrator prior to zoning approval for a certificate of occupancy; and WHEREAS, this legislation is consistent with most area jurisdiction requirements for verification of yard requirements prior to occupancy per- mit approval for new structures; and WHEREAS, the Planning Commission and Council held a joint public hear- ing on these amendments on July 26, 1988; and WHEREAS, the Planning Commission recommended adoption of this legisla- tion on July 26, 1988; and WHEREAS, these amendments are in the best interest of the public neces- sity, convenience, geneial welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 9-2 of the Leesburg Zoning Ordinance is hereby amended by adding a new subsection 9-2-5 to follow subsection 9-2-4 to read as follows: 9-2-5 Certificate of Occupancy. Upon satisfactory completion of T11 work for which a development plan has not been required and for which a Loudoun County Building permit has been is- sued, including installation of all applicable improvements as required under the Leesburg Zoning Ordinance and Subdivi- sion and Land Development Regulations, the applicant shall request zoning approval for a Certificate of Occupancy on such certificate as supplied by the County of Loudoun. The applicant shall submit to the Zoning Administrator one copy of an as -built house/building location plan prepared by a certified surveyor or registered engineer, and such plan shall indicate the following information: 1 1 29 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 A. The dimensions of the lot or parcel, the boundary lines thereof, and the area of land contained therein. B. The location, dimensions and height of any building, structure or addition. C. The perpendicular distance from all property lines to the nearest point of each building, structure or addi- tion, shown to the nearest foot. D. The existing and intended use of each building or structure or part thereof, including the number of dwelling units within a dwelling. E. The location and configuration of any off-street space(s), the number of spaces provided, and informa- tion as to the surfacing of such areas. F. The existence of any area designated as 100 -year floodplain as per the applicable FEMA Flood Insurance Rate Map. G. The signature and certification number, if applicable, of the person preparing the plat. SECTION II. All prior ordinances in conflict herewith are hereby re- pealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by court of competent jurisdiction, the decision shall not affect the validity of the section as a whole or of any remaining provi- sions of the article. SECTION IV. This ordinance shall be in effect upon its passage. ' Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-0-27 - ORDINANCE - REENACTING PORTIONS OF ARTICLE 11 OF THE LOUDOUN COUNTY ZONING ORDINANCE AS ADOPTED AND ADMINIS- TERED BY THE TOWN On motion by Mrs. Forester, seconded by Mr. Tolbert, the following ordinance was proposed and, after a brief explanation, was unanimously adopted: The Mayor asked if the Planning Commission had a recommendation. Mrs. Forester reported that Planning Commission had voted unanimously to recom- mend adoption. WHEREAS, on July 12, 1988, the Council initiated the reenactment of portions of Article it of the Loudoun County Zoning Ordinance, as adopted and administered by the Town in the annexation area; and WHEREAS, a joint Council/Planning Commission public hearing was held on this legislation on July 26, 1988; and WHEREAS, the Planning Commission recommended this legislation to Coun- cil on July 26, 1988; and WHEREAS, adoption of this legislation is essential to ensure appropri- ate administration of special exceptions authorized- under County zoning districts for properties in the annexation area; and WHEREAS, this legislation is in the best interest of the public necessi- ty, convenience, general welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: 30 ,.. MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 SECTION I. Portions of the prior Article 11 of the Loudoun County Zoning Ordinance, as adopted and administered by the town for the annexa- tion area, are hereby reenacted, modified and recodified to read as follows: ARTICLE 11 - SPECIAL EXCEPTIONS BEFORE BOARD OF ZONING APPEALS 1101 SPECIAL EXCEPTION APPLICATIONS TO THE BOARD OF ZONING APPEALS 1101.1 Authoritv to ADDl Applications for special exceptions to use property in a manner authorized by the provisions of this ordinance may be filed with the Board of Zoning Appeals (hereinafter referred to as the BZA) by any property owner, tenant, government official, department, ' board or bureau. Applications shall be delivered or mailed to the Leesburg Board of Zoning Appeals, c/o the Zoning Administrator, Leesburg, Virgin- ia. At the same time a copy of the application shall be mailed to the Secretary of the Planning Commission, Leesburg, Virginia, and another copy shall be mailed to the individual, official, depart - went, or agency concerned, if any, as determined by the Zoning Administrator. The application shall be accompanied by the appropriate fee payable to the Town of Leesburg. In addition, each such applica- tion shall contain a concise statement of the subject to be brought before the BZA. 1101.2 Application for Special Exception - Procedure Applicants for a special exception shall first submit the proposal to the Zoning Administrator on a form to be provided by the Zoning Administrator, including therewith all plans and infor- mation relating to the application required by the BZA pursuant to Section 15.1-496 of the 1950 Code of Virginia, as amended. The proposal shall then be advertised pursuant to provisions of Sec- tion 15.1-431 of the Code of Virginia prior to public hearing by the Planning Commission and/or BZA, or directly to the BZA pursu- ant to the provisions and requirements of this ordinance. 1102 HEARING OF APPLICATION 1102.1 Time and Notice Upon receipt of a special exception application, the BZA shall fix a reasonable time for a hearing of such application, and in addition to the notice conforming to Section 15.1-431 of the Code of Virginia shall cause to be posted, at least ten (10) days be- fore such hearing, a poster calling attention to the nature and substance of the application, the land involved, the name of the applicant, and the date and place of public hearing. The BZA shall prescribe the form of said poster, which shall be affixed to a pole, post, fence, or structure on the land involved, if practi- cal, or if not, within three hundred (300) feet thereof, and in either event, in such location as to be clearly visible from a public road. Upon the hearing, any party may appear in person or by agent or by attorney. 1102.2 Decision The BZA shall render a decision on any application submitted to it within ninety (90) days of filing. An application shall not be deemed filed until the applicant has met all submission require- ments set forth in, or under authority of, this ordinance. No such special exception may be granted except after notice and I hearing as provided in this ordinance. 1103 CONDITIONS AND STANDARDS 1103.1 Conditions The BZA may, when granting a special exception, impose conditions thereon, such as provisions for fencing, planting or other land- scaping, additional setbacks from property lines, location and arrangement of lighting, setting of reasonable time limitations, and other reasonable requirements deemed necessary to safeguard the interest of the general public. The BZA may also require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. 31 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 1103.2 Standards In fulfilling the purposes and intent of this ordinance as set forth in Article 1, the BZA in exercising the powers and duties granted and imposed by the ordinance, shall be guided by the fol- lowing standards which shall be in addition to any other standards imposed by this ordinance: To prevent high population density on soils that are incapable of providing adequate water supply, or of meeting proper sanitary requirements for sewage disposal. To protect against the overcrowding of land and undue density of population in relation to the community facilities existing or available. To facilitate orderly highway development and transportation, and lessen traffic hazards and congestion. To protect residential sections from unnecessary traffic, fire hazards, noise, noxious fumes, or offensive odors and other un- wholesome conditions and influences. The proposed use at the specified location shall be in harmony with the policies embodied in the adopted comprehensive plan. The proposed use shall be in harmony with the general purpose and intent of the applicable zoning district regulations. The proposed use shall be such that it will not adversely affect the use or development of neighboring properties in accordance with the applicable zoning district regulations and the applicable provisions of the adopted comprehensive plan. The location, size and height of buildings, structures, walls, and fences and the nature and extent of screening, buffering, and landscaping shall be such that the use will not hinder or discourage the appropriate development and use of adjacent or nearby land and/or buildings or ' impair the value thereof. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. This ordinance shall be in effect upon its passage. SECTION IV. Severability. If any provision of this ordinance is de- clared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-0-28 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING MEASUREMENT OF LOT WIDTH On motion by Mrs. Forester, seconded by Mr. Kimball, the following ordinance was proposed and, after an explanation by Mrs. Semmes and a lengthy discussion, was unanimously adopted: WHEREAS, the Council on April 27, 1988, initiated an amendment to Sec- tion 1B -4(g) of the Leesburg Zoning Ordinance regarding the measurement of lot width; and WHEREAS, the Planning Commission and Council held a joint public hear- ing on this amendment on May 25, 1988; and WHEREAS, the Planning Commission on July 7, 1988, recommended to Coun- cil approval of this amendment with some modification; and WHEREAS, the Council concurs with the Planning Commission recommenda- tion and finds that this amendment will clarify the Council's intent for this regulation and ensure its uniform application throughout all zoning districts; and 32 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 WHEREAS, this amendment is in the best interest of the public necessi- ty, convenience, welfare and good zoning practice: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. Section 1B -4(g) of the Leesburg Zoning Ordinance is hereby amended as follows: 1B -4(g) The minimum lot width shall be measured at -right -angle -to ita-depth-elenb-a-atzeibht-line parallel to the front lot line at -the required-frent-and-rear-setback-linea;-er building-restrietien-linea, and lying at a distance from said lot line equal to the required minimum front yard on said lot. For pipestem lots approved by the town, the minimum lot width shall be measured at the building lines minimum front yard line approved on the final plat. For all lots, no portion of the lot between the front and rear setback yard lines shall be less than the minimum lot width requirement for the zoning dis- trict. SECTION II. All prior ordinances in conflict herewith are hereby re- pealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provi- sions of the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage for all subdivision plats and development plans other than plats and plans for which preliminary town approval has been received and final plats and/or construction drawings or final development plans have been accepted by the town as of the date of the passage of this ordinance. For the purposes of this legislation, plats and plans which have received preliminary approval, but for which no final application has been accepted by the town will not be required to revise the approved preliminary plat prior to acceptance of a final application. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None At this time, there was a five minute recess. 88-0-29 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE TO ESTABLISH ADDITIONAL SETBACKS FOR CERTAIN STREETS On motion by Mr. Clem, seconded by Mr. Tolbert, the following ordinance was proposed and unanimously adopted: WHEREAS, the Council oti April 27, 1988, initiated an amendment to Sec- tion 1B -5(e)2 of the Leesburg Zoning Ordinance to provide for additional setbacks for West Market Street and Morven Park Road; and WHEREAS, a joint Council/Planning Commission public hearing was held on this legislation on May 25, 1988; and WHEREAS, the Planning Commission on June 16, 1988, recommended approval of additional setbacks for these roadways based on the average setback of existing structures adjacent to the street; and WHEREAS, establishment of a uniform minimum setback for Morven Park Road and the north side of West Market Street based upon the existing set- backs of structures along these streets is important to preserve the charac- ter of these neighborhoods and to protect property values; and WHEREAS, this legislation is in the best interest of the public welfare and good zoning practice and will facilitate the creation of a convenient, attractive and harmonious community; THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: 1 C 3 3 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 . SECTION I. Section 1B -5(e)2 of the Leesburg Zoning Ordinance is amend- ed to add new subsections ((c)) and ((d)) to read as follows: ((c)) West Market Street, north side only, between Ayr Street and the western corporate limits: 100 feet from the centerline of the right-of-way. ((d)) Morven Park Road: 55 feet from the centerline of the right-of-way. SECTION II. All prior ordinances in conflict herewith are repealed. SECTION III. Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any remaining provi- sions of the zoning ordinance. SECTION IV. This ordinance shall be in effect upon its passage. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None On motion by Mr. Clem, seconded by Mr. Lovin, the following resolutions were proposed and unanimously adopted as consent items: 88-140 - RESOLUTION - AUTHORIZING AGREEMENTS FOR GROUP INSURANCE COVERAGES WHEREAS, on June 30, 1988, the town received proposals from insurance providers to provide the town with group insurance coverage for health, dental, term life accidental death and dismemberment and long-term disabili- ty income; and WHEREAS, the proposals received were reviewed and analyzed by the ' town's insurance consultant, Industrial Insurance Management Corporation; and WHEREAS, their analysis and recommendations were forwarded to Council by memorandum dated July 15, 1988, along with recommendations for type and extent of coverage and funding for fiscal year 1989: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The manager shall enter into an agreement with Blue Cross/Blue Shield of Virginia represented by the Kelly Insurance Agency to provide the town with group health care coverage as was described in their proposal at the following monthly rates: Employee only $ 94.45 Employee and 1 minor 141.66 Family 245.54 The town will pay the employee portion of this coverage and will subsi- dize the family coverage by an additional amount of $30.55 per month from funds remaining from the pay and classification plan contingency account. SECTION II. The manager shall enter into an agreement with the Bankers Life Nebraska Insurance Company represented by the Kelly Insurance Agency to provide the town with dental insurance coverage at a monthly premium of $2,520. The town will pay for the cost of this coverage. SECTION III. The manager shall enter into an agreement with the Shenandoah Life Insurance Company represented by the Kelly Insurance Agency to provide the town with group term life and accidental death and dismember- ment insurance coverage equal to one times the employees annual salary at a rate of $.26 per $1,000 of coverage. The town shall pay for the cost of this coverage. SECTION IV. The manager shall enter into an agreement with Group Ameri- can Insurance Company represented by the J.V. Arthur insurance agency to provide the town with long-term disability income insurance coverage at a monthly premium of $2,592. The town will pay for the cost of this cover- ]4 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 age. The plan will replace the town's current short-term disability income insurance coverage. SECTION V. All coverages except the Blue Cross/Blue Shield health insurance contract will become effective on August 1, 1988, and will expire June 30, 1989. The Blue Cross/Blue Shield contract will become effective September 1, 1988, and will expire June 30, 1989. The town reserves the right to renew these coverages for the next two years without rebidding of these coverages. 88-141 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS RELEASING THE PERFORMANCE BOND AND APPROVING A MAINTENANCE BOND FOR PUBLIC IMPROVEMENTS, OF CATOCTIN VIEW SUBDIVI- SION WHEREAS, Capital Investors Management Corporation, the developer of Catoctin View Subdivision has completed public improvements in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The cash bond in the amount of $55,818.00 is released, and a new performance guarantee for maintenance in the amount of $13,954.00 in a form approved by the town attorney is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and ease- ments free of any liens or changes. 88-142 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS, PHASE I LEESBURG GATEWAY SUBDIVISION WHEREAS, Sycolin Partnership, the developer of Leesburg Gateway Subdivi- sion Phase I has completed public improvements in accordance with approved plans and town standards except for grading and earthwork on lot 9, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from First American Bank in the amount of $124,000.00 is released, and a new performance guarantee for maintenance in the amount of $31,000.00 from First American Bank in a form approved by the town attorney is approved, and shall be in effect for a period of one year from this date. SECTION II. A letter of credit or other surety in a form approved by the town attorney in the amount of $42,085.00 shall be provided as perfor- mance surety to guarantee the completion of the erosion controls, grading and stabilization on lot 9. This guarantee shall remain in effect for one year. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and ease- ments free of any liens or changes. 88-143 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC IMPROVEMENTS, PHASE IIA OF LEESBURG GATEWAY SUBDIVISION WHEREAS, Sycolin Partnership, the developer of Leesburg Gateway Subdivi- sion Phase IIA has completed public improvements in accordance with ap- proved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from First American Bank in the amount of $76,121.00 is released, and a new performance guarantee 35 MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 for maintenance in the amount of $16,000.00 in a form approved by the town attorney is approved, and shall be in effect for a period of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all such improvements and ease- ments free of any liens or changes. 88-144 - RESOLUTION - RELEASING THE PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR STORMWATER DETENTION POND, PHASE IIB OF LEESBURG GATEWAY SUBDIVISION WHEREAS, the Sycolin Partnership, the developer of Leesburg Gateway Subdivision Section IIB has completed the stormwater detention pond in accordance with approved plans and town standards, and these have been inspected and approved. THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The irrevocable letter of credit from First American Bank of McLean, Virginia, in the amount of $8,000.00 is released, and a perfor- mance guarantee for maintenance in the amount of $2,000.00 in a form ap- proved by the town attorney is approved, and shall be in effect for a peri- od of one year from this date. SECTION II. This release is contingent upon delivery of a properly executed instrument conveying unto the town all easements free of any liens or changes. 88-145 - RESOLUTION - APPROVING SPECIAL EXCEPTION #88-1 BY THE WARD WHEREAS, Special Exception Application #88-1 by the Ward Corporation requests a special exception for an outdoor storage yard accessory to a permitted warehousing use in the PD -IP district for the Leesburg Airpark ' Business Center: and WHEREAS, a public hearing was held on this application on July 13, 1988, prior to which the property was properly posed and adjacent property owners notified in accordance with Section 15.1-431 of the Code of Virgin- ia; and r WHEREAS, the proposed outdoor storage yard complies with the special exception standards of Section 1211.5 of the Loudoun County Zoning Ordi- nance as adopted an administered by the Town of Leesburg, being located and sized in such a manner that it will not adversely affect the use or develop- ment of adjoining properties and will not be visible from public streets or residential areas; and WHEREAS, this special exception application is in the interest of the public welfare and good zoning practice: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows: Special Exception Application #88-1 by the Ward Corporation for the location of an outdoor storage yard in a PD -IP Zoning District at 741 Mill- er Drive, S.E., Building "F", Leesburg Airpark Business Center, is approved subject to the following conditions deemed necessary to safeguard the inter- est of the general public: 1. The dimensions of the storage area shall not exceed 75 feet by 95 feet (75' x 95'); 2. The storage area shall be located at the rear of the building, as illustrated on the sketch plan submitted with the application, and shall be bounded on two sides by the building and on two sides by an eight foot high board on board fence supported from the inside by a chain link fence; 3. The height of stored material shall be limited to eight feet; 4. Storage shall be limited to general plumbing supplies, including M MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 but not limited to PVC conduit and underdrain piping; provided, however, no hazardous materials shall be stored in this area; 5. The rights granted under this Special Exception shall expire upon the termination of the Lease Agreement between Leesburg Airpark II Limited Partnership and Noland Properties, or a tenant which represents a similar permitted use as approved by the Zoning Administrator. If an alternate tenant is approved by the Zoning Administrator, storage of non -hazardous materials other than these specified under #4 above may also be authorized provided such storage is accessory to the permitted use; and 6. Any lighting of the outdoor storage yard shall not cause a nuisance to adjacent properties or interfere with aviation opera- tions at the adjacent Leesburg Municipal Airport. 88-146 - RESOLUTION - MAKING AN APPROPRIATION TO THE GENERAL FUND FOR PLANNING COMMISSION SALARIES WHEREAS, the adopted FY 1989 budget omitted funds for the compensation of the councilmanic member to the Leesburg Planning Commission; and WHEREAS, the workload and frequency of meetings of the Planning Commis- sion justifies the compensation of the councilmanic representative: THEREFORE, RESOLVED by the Council of Town of Leesburg in Virginia as follows: An appropriation is made to the General Fund, Account No. 8101-100-090- 200, Boards and Commissions, in the amount of $3,000 for the fiscal year ending June 30, 1988. Aye: Councilmember Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None The Mayor asked Mr. Tolbert to chair the following resolution due to a conflict of interest: 88-147 - RESOLUTION - AUTHORIZING A CONTRACT WITH COMMONWEALTH PETROLEUM FOR THE PROCUREMENT OF PETROLEUM PRODUCTS On motion by Mrs. Forester, seconded by Mr. Clem, the following resolu- tion was proposed and unanimously adopted: WHEREAS, on July 1, 1988, bids were received from petroleum product vendors to supply the town with #2 fuel oil, #2 diesel fuel, regular gaso- line and unleaded gasoline; and WHEREAS, of the bids received, Commonwealth Petroleum of Middleburg, Virginia, was the lowest responsible bidder: THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows: SECTION I. The manager is authorized to execute a contract with Common- wealth Petroleum to supply the town with petroleum products from August 1, 1988, to July 31, 1989. SECTION II. The contract provides for a one-year renewal at the option of the town upon expiration of the one-year contract on July 31, 1989. Aye: Councilmembers Clem, Forester, Kimball, Lovin and Vice -Mayor Tolbert Nay: None Abstained: Mayor Sevila 88-148 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR IIZM-102 - SAMUEL H. ROGERS, III On motion by Mr. Tolbert, seconded by Mr. Lovin, the following resolu- tion was proposed and unanimously adopted: 1 F MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JULY 26, 1988 RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider rezoning application #ZM-102 by Samuel H. Rogers, III, to rezone 5.001 acres of land from County R-1 and A-3 to Town R-1, located,on the eastern edge of Lawson Road (Route 654) and bounded on the north by land of Turner -Wilson, on the west by Lawson Road and lands of Ciganek, Laude and Alberts, and on the south and east by lands of Leegate Corporation, shall be published in the Loudoun Times-Mirror. The notice shall be published on August 25 and September 1, 1988, for pub- lic hearing on September 13, 1988, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None 88-149 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR ZONING ORDINANCE AMENDMENT REGARDING REAR YARDS IN THE R-3 ZONING DISTRICT On motion by Mr. Lovin, seconded by Mr. Clem, the following resolution was proposed and, after a lengthy discussion, was unanimously adopted: RESOLVED by the Council of the Town of Leesburg in Virginia as follows: A Notice of Public Hearing to consider a Zoning Ordinance amendment regarding rear yards in the R-3 Zoning District shall be published in the Loudoun Times-Mirror. The notice shall be published on August 25 and Sep- tember 1, 1988, for public hearing on September 13, 1988, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia. Aye: Councilmembers Clem, Forester, Lovin, Tolbert and Mayor Sevila Nay: None Abstained: Councilmember Kimball On motion by Mrs. Forester, seconded by Mr. Kimball, Council voted unanimously to go into executive session to discuss the following: (a) acquisition of real property pursuant to Section 2.1-344(a)(2) of the 1950 Code of Virginia, as amended and (b) personnel matters relative to the current vacancy pursuant to Section 2.1-344(a)(1) of the 1950 Code of Vir- ginia, as amended. The following staff are requested to remain for part or all of the executive session: Town Manager, Director of Finance, Director of Planning, Zoning and Development, the Town Attorney and the Deputy Town Attorney. Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and Mayor Sevila Nay: None Council returned to regular session with no action taken. On motion made and duly seconded, the meeting was adjourned. Clerk of ouncil sw Mayor 37