HomeMy Public PortalAbout1988_08_0941
MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
A regular meeting of.the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia, on August 9, 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 Richey Heronimous, Boy Scout Troop 954. 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; Assistant Town Manager Steve Brown; Director
of Engineering and Public Works Tom Mason; Director of Planning, Zoning and
Development Martha Mason -Semmes; Peter Stephenson, Planner; and Deputy Town
Attorney Deborah Welsh.
On motion by Mr. Tolbert, seconded by Mr. Clem, it was recommended the
minutes of the regular meeting of June 8, 1988, be approved as written.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert and
Mayor Sevila
Nay: None
PUBLIC HEARING ON REZONING APPLICATION #ZM-98 BY HIGH POINT ASSOCIATES
Ms. Semmes explained this rezoning is for approximately 37 acres
located at the corner of Sycolin Road and Lawson Road known as the Shreve
property. The Virginia Power Headquarters site bounds the property on the
south, Tavistock Planned Development on the east, including the Cool Spring
Elementary School which is now under construction, Fort Beauregard Develop-
ment on the north which will include a commercial component, as well as
townhouses and single-family homes presently under construction, and pro-
posed townhouses within the Stratford Planned Development recently approved
by Council to the west and a portion of the Alan Kay rezoned PD -IP property
which is an industrial park. The Planned Employment Center District would
permit a wide variety of light industrial and office type uses on the prop-
erty. The base density of this district is .25 FAR. There is a provision
in our ordinance that would permit up to a .5 FAR depending on density
bonuses that are specified and which must be approved by Council. The
applicant is proposing a .31 FAR overall on the property. The property is
presently zoned County A-3 and County R-1. The property is shown in our
comprehensive plan for planned employment use. The Planning Commission on
June 16, 1988, recommended this rezoning for approval by Council with a
number of conditions based on a set of draft proffers which were submitted
to the Planning Commission at that time. Since that time, we received
signed and notarized proffers by the property owner. She said there were a
number of issues needing to be resolved, while this application is in gener-
al conformance with the kind of district we would like to see for this
property, we need to nail down the types of uses, the mix of uses to be
permitted on this site, the appropriate density for the site, and ensuring
that the property is adequately buffered from the adjacent single-family
homes and elementary school site.
Tom Nalls, representing High Point Associates, stated they were at
the Council meeting on three different types of petition. One is a concept
plan approval/town amendment which is part of the planned development, the
second facet or aspect of the application is the preliminary development
plan/rezoning, and the third is a special use permit to define the nature,
scope and extent of any special exception uses. The property has been
advertised in the newspaper and he had an affidavit showing that abutting
land owners had been notified by certified mail. A year ago this rezoning
application had been filed as an M-1 and, at that time, went through a
review process, public hearing and into committee session with the Planning
Commission and found out pretty clearly that this was not a good choice.
At that time they withdrew the application and submitted one under the PEC
category. They want to continue to work with Council and staff on refining
this application.
Beck Dickerson, a planner in Leesburg, working with the applicant and
Mr. Nalls throughout this application gave a brief explanation as to where
the property is located.
Mayor Sevila reminded the public if they want to submit their comments
in writing, the record will remain open for a period of ten days to receive
any written comments relating to this application.
The public hearing was closed at this time.
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MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
On motion by Mr. Tolbert, seconded by Mr. Clem, Council voted to refer
this matter back to the Planning and Zoning Committee meeting on September
7, 1988, for further consideration.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
COUNCILMEMBER COMMENTS
Mr. Lovin said he wanted to relay to Councilmembers that did not have
the opportunity Mr. Kimball, Mrs. Forester and he had to attend the Virgin- '
is Municipal League conference in Richmond on July 27, 28, and 29 how en-
lightening it was to have the opportunity to meet other people who are
serving on Town Councils throughout the state of Virginia.
Mr. Kimball thanked Mr. Minor for his letter to the citizens in refer-
ence to the Hogback Mountain water tank. He said the Northern Virginia
District Planning Commission is having a meeting in Leesburg in September
and they are inviting jurisdictional staff members who could benefit from
this -discussion.
Mayor Sevila said this is a reminder that we are approaching the
deadline period for legislation and if the town is going to have, as it
normally does, a legislative packet to present to its legislature, we need
to be thinking about it because it has to be in written form and presented
to the State Legislature well in advance of the actual convening of this
year's session. He also stated Council was familiar with the fact that the
cable television system is changing hands and since their announced sale of
the franchise to perspective purchaser, they have not been in attendance at
Council meetings or other town functions and this was one way they satis-
fied their local origination requirement. He asked Mr. Minor the status
currently of the proposed transfer of the franchise and what is the excuse
being offered at this time for not televising the meetings in accordance
with the agreement that was reached with them sometime ago?
Mr. Minor stated the request to sell the franchise has been referred ,
to the Cable Television Advisory Commission and they will be giving Council
a recommendation on that. He said it also has been referred to the town
attorneys to look at what the legal restrictions may be on the town's abili-
ty to withhold or impose requirements on any approval. As far as their
failure to televise these meetings, the first meeting they missed was due
to the fact that we changed meeting nights, their subsequent failure to
televise these meetings he said he had no answer. We did advise them of
the change and Mr. Brown is working on that and hopefully they will have
someone at the next meeting.
Mayor Sevila said he also wanted to remind everyone this is 4-H Fair
Week starting today and going through the week -end and he encouraged every-
one to participate.
MANAGER'S REPORT
Mr. Minor stated he gave Council a report tonight on Potomac Crossing
density issues that have been raised previously. This report attempts to
address both the legal implications of what the Town Plan Annexation Area
Development Policies call for on that property, as well as what makes a
good land use planning sense for that property in terms of density.
Another item that occurred today is Assistant Town Manager Steve Brown
and he had an opportunity to meet with Downtown Business Association repre-
sentatives to talk about what we intend to do about the parking situation
during the three-year period of construction in this area. Mr. Minor said
with the DBA's and Mr. Brown's help we are developing some good plans on
interim parking locations. We are going to try and minimize the inconve-
niences to the public as much as possible.
A couple of items he wanted to highlight in the Activity Report are as
follows: (1) The Town Branch Channel improvements -- this is the project
that borders our South Harrison Street park near Market Station. It moves
the channel improvements further to the west. This project will be bid
sometime late in August. The contract will be awarded in September. (2)
Phase VI Storm Drainage improvement program -- we have made some progress
with the Park Authority and are now working with Virginia Power to obtain
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MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
an encroachment agreement from them. This is essential before we bid the
project. Kamber Engineering is undertaking the substantial modifications
to the design that were required by the Park Authority. This project,
along with the Cornwall Street project, will be bid sometime together in
late fall.__ _
LEGISLATION
On motion by Mr. Clem, seconded by Mr. Kimball, the following ordinance
and resolutions were proposed and unanimously adopted as consent items:
88-0-30 - ORDINANCE - AMENDING THE TOWN CODE TO PROVIDE FOR COMPENSATION
FOR THE ENVIRONMENTAL ADVISORY COMMISSION
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Chapter 2, Article VII of the Town Code is amended to read
as follows:
ARTICLE VII
COMPENSATION FOR BOARDS AND COMMISSIONS
Section 2.87. Airport Commission
Compensation of members of the town Airport Commission, exclusive
of the Councilmanic appointment, after July 1, 1982, shall be $600 per
annum, payable in equal monthly installments.
Section 2-88. Board of Architectural Review.
Compensation of members of the town Board of Architectural
Review, after September 1, 1986, shall be $600 per annum, payable in
equal monthly installments.
Section 2-89. Board of Zoning Appeals.
' Compensation of members of the town Board of Zoning Appeals,
after September 1, 1986, shall be $600 per annum, payable in equal
monthly installments.
Section 2-90. Economic Development Committee.
Compensation of members of the Economic Development Committee,
exclusive of the Councilmanic appointment and the town staff appoint-
ment, after July 1, 1982, shall be $600 per annum, payable in equal
monthly installments.
Section 2-91. Mavor and Councilmembers
Compensation of the Mayor and Members of Council, after July 1,
1986, shall be $7,500 and $6,000 per annum, respectively, payable in
equal monthly installments.
Section 2-91.1. Parks and Recreation Commission.
Compensation of members of the Parks and Recreation Commission,
exclusive of the Councilmanic appointment and the town staff appoint-
ment, shall be $600 per annum, payable in equal monthly installments.
Section 2.91.2. Environmental Advisory Commission
' Compensation of members of the Environmental Advisory
Commission, exclusive of the Councilmanic appointment and the town
staff appointment, shall be $600 per annum, payable in equal monthly
installments.
SECTION II. This ordinance shall be in effect upon its passage.
88-150 - RESOLUTION - AUTHORIZING A TIME EXTENSION AND APPROVING A
REDUCTION OF THE PERFORMANCE GUARANTEE FOR INSTAL-
LATION OF PUBLIC IMPROVEMENTS FOR THE FIELDSTONE
APARTMENTS
WHEREAS, Pulte Home Corporation, the builders of the Fieldstone Apart-
ments, have not completed all the required public improvements in accor-
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MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
dance with the approved construction drawings and town standards within the
two year period agreed to in the contract for public improvements; and
WHEREAS, the Town's Director of Engineering and Public Works has re-
viewed the_pu¢lic improvements installed to date for the Fieldstone Apart-
ments and certifies that the value of work performed is in excess of
$400,000.00; and
WHEREAS, a letter of credit from First American Bank of Virginia in the
amount of $500,000.00 has been provided by the developer and approved by
Council to guarantee installation of public improvements for the Fieldstone
Apartments; I THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The letter of credit from First American Bank of Virginia
in the amount of $500,000.00 is reduced to $100,000.00 and an extension of
six months for the letter of credit is approved.
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 the Fieldstone
Apartments.
88-151 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PER-
FORMANCE BOND AND WATER AND SEWER EXTENSION PER-
MITS FOR THE LAWSON ROAD INDUSTRIAL PARK
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION
I. The manager shall execute the contract
for public improve-
ments for the
improvements shown on the plans approved
by the Director of
Engineering
and Public Works for the Lawson Road Industrial
Park Develop-
ment.
SECTION
II. The extension of municipal water and
sewer works for the
Lawson Road
Industrial Park Development is approved in
accordance with
Sections 15-9 and 19-18 of the Town Code.
SECTION III. An irrevocable bank letter of credit in a form approved
by the town attorney from the National Bank of Northern Virginia in the
amount of $64,400.00 is approved as security to guarantee installation of
the public improvements shown on plans approved by the Director of Engineer-
ing and Public Works for the Lawson Road Industrial Park Development.
88-152 - RESOLUTION - AUTHORIZING A CONTRACT AMENDMENT WITH CAMP,
DRESSER AND MCKEE FOR CONSTRUCTION ENGINEERING
SERVICES IN CONNECTION WITH THE WATER POLLUTION
CONTROL FACILITY EXPANSION AND UPGRADE
WHEREAS, the Town of Leesburg entered into a contract with Camp, Dress-
er and McKee on June 28, 1984, for construction and engineering services in
connection with the town's water pollution control facility expansion and
upgrade; and
WHEREAS, this contract was amended by Resolution No. 87-172 dated Au-
gust 12, 1987, to extend construction engineering services to November 30,
1987, and compensate Camp, Dresser and McKee for these services; and '
WHEREAS, the duration of the construction has exceeded the November 30,
1987, completion date in the amended contract which requires additional
construction engineering services beyond the scope of the amended contract;
and
WHEREAS, services beyond the contract scope of services have been per-
formed by Camp, Dresser and McKee; and
WHEREAS, the town's contract with Camp, Dresser and McKee sets out
procedures. for compensating the construction engineer for additional servic-
es required for the water pollution control facility expansion and upgrade;
and
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MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
WHEREAS, contingency funds presently exist to permit Environmental
Protection Agency participation in the additional costs of approximately 75
percent of the increased contract amount:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The Manager shall execute, on behalf of the town, Amendment
No. 2 to the cost plus fixed fee contract dated June 28, 1984, for profes-
sional services in connection with the water pollution control facility
expansion and upgrade project in an amount not to exceed $83,600.00.
' SECTION II. The approval of contract Amendment No. 2 shall be condi-
tioned upon approval by the U.S. Environmental Protection Agency and Virgin-
ia Water Control Board.
88-153 - RESOLUTION - CANCELLING COUNCIL MEETING OF AUGUST 23 1988
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The regular meeting of the Leesburg Town Council scheduled for August
23, 1988, is cancelled.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
88-154 - RESOLUTION - INITIATING A ZONING ORDINANCE AMENDMENT TO ESTAB-
LISH THE H-2 ARCHITECTURAL CONTROL DISTRICT
On motion by Mr. Tolbert, seconded by Mr. Clem, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, this Council recognizes the importance of Leesburg's arterial
entrances to the town's historic district and landmarks; and
' WHEREAS, these corridors must be protected from incompatible architec-
ture and poor design of development contiguous to these traditional entranc-
es to Leesburg; and
WHEREAS, Section 15.1-503.2 of the 1950 Code of Virginia, as amended,
provides enabling authority for the town to establish architectural control
districts that encompass parcels of land contiguous to arterial streets or
highways found by the Town Council to be significant routes of tourist
access to the town or its designated historic landmarks, buildings, struc-
tures and districts; and
WHEREAS, the regulation of exterior architecture within the proposed
H-2 architectural control district is in the best interest of the public
necessity, convenience, general welfare and good zoning practice:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. An amendment to the Leesburg Zoning Ordinance is initiated
to add a new article, to be known as Article 10-B, Historic Corridor Regula-
tions, to read as follows:
ARTICLE 10-B
' HISTORIC CORRIDOR REGULATIONS
Section 107B-1. PURPOSE AND INTENT
The purpose of these historic corridor regulations is to implement the Tow
Plan goal of ensuring quality urban design compatible vith Leesburg's
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MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
historic, architectural and tourist resources through architectural control
along the town's arterial routes to the historic district. The protection
of these vitaX corridors which form the tradional gateways to Leesburg's
historic district will stabilize and improve property values; protect and
enhance the town's attraction to tourists and visitors; and will support
and stimulate complimentary development appropriate to the prominence
afforded properties contiguous to Leesburg's major arterial routes.
Benefits attributable to the promotion of superior design and appearance of
structures constructed and altered along the town's arterial highways will
ultimately promote the public health, safety and general welfare of the
citizens of the town.
Section 10-B-2. APPLICABILITY
The regulations contained in this Article shall apply to the Historic
Corridor Architectural Control District established herein.
Section 10-B-3. HISTORIC CORRIDOR ARCHITECTURAL CONTROL DISTRICT CREATED
An Historic Corridor Architectural Control District is hereby established
as an overlay on the official zoning map under authority of Section
15.1-503.2 of the 1950 Code of Virginia, as amended, to be known as the H-2
Architectural Control District with boundaries to include all parcels
contiguous to Route 15, Route 7 and the Route 7/15 by-pass, exclusive of
the H-1 overlay district, and lands within 1,000 linear feet of the
right-of-way centerline along Route 7 from the east corporate limit to the
Route 7/15 by-pass; 500 linear feet of the right-of-way center line along
Route 7 from the Route 7/15 by-pass to the east side of Catoctin Circle
along its intersection with Route 7, East; 300 linear feet from the
right-of-way center line along Route 7 from the west side of Catoctin
Circle at its intersection with Route 7 East to the west corporate limits,
exclusive of lands within the H-1 overlay district; 750 linear feet of the
right-of-way center line along the length of the Route 7/15 by-pass; and
500 linear feet of the right-of-way centerline of Route 15 from the north
corporate limits to the southern corporate limits, exclusive of lands
within the H-1 overlay district. If any part.of a structure to be erected,
altered or restored is located within these boundaries, the entire
structure shall be governed by this Article.
Section 10-B-4. APPLICATION TO BOARD FOR H-2
(a) Board Power to Approve
No structure or building, including signs, located on land
within the H-2 Architectural Control District shall be
erected, reconstructed, altered or restored until the plans for
such shall have been approved by the Board of Architecture Review
(hereinafter referred to as Board) in the form of an issuance of
an Historic Corridor Architectural Control permit as being
architecturally compatible with the historic landmarks,
buildings, structures, and H-1 historic district located within
the town; provided, that the provisions of this article shall not
apply to the regular maintenance of the same as opposed to the
reconstruction, alteration or restoration.
(b) Definitions
For the purposes of this section changing the exterior color
and/or materials of a structure, building or sign shall be deemed
an alteration and not regular maintenance. For the purposes of
this section a structure shall also include, but not be limited to
outbuildings, fences, walls, lamp posts and light fixtures.
(c) Required contents of applications
When making application for an Historic Corridor Architectural
Control Permit, applicants must submit information for
consideration by the Board, including the following:
(1) all architectural elevations drawn to scale;
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MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
(2) site plans;
(3) complete materials list;
{4) photographs or drawings relating the proposed project to
the surrounding streetscape;
(5) proposed colors;
(6) lighting; and
' (7) landscaping, when required by Article 9A of this
ordinance.
(d) Waivers of certain requirements
The Land Development Official and/or the Board may at their
discretion waive any of the above requirements deemed not to be
necessary for review of applications for minor alterations,
demolitions or construction of walls and fences.
(e) Signs
When making application for an Historic Corridor Architectural
Control Permit, for signs applicants must submit the following
information:
(1) a scale drawing of the proposed sign;
(2) proposed materials for the sign and its support and the
lighting method to be used;
(3) the style and size of lettering; and
(4) a sketch or photograph showing the proposed location of
the sign on the building or site.
(f) Historic Corridor Architectural Control Permit
Applications for Historic Corridor Architectural Control Permits
must be made on forms provided by the Zoning Administrator and
must be accompanied by a filing fee as established by resolution
of the Town Council. Complete applications must be submitted at
least 14 days before the scheduled monthly meeting at which
applicants request consideration.
(g) Review of Plans in a Timely Manner
The Board shall vote and announce its decision on any matter
properly before it not later than 45 days after the conclusion of
the public meeting on the matter, unless the time is extended by
mutual agreement between the Board and the applicant or unless as
provided in Section (J) of the article.
(h) Board Actions on Applications
In response to applications for Historic Corridor Architectural
Control Permits, the Board shall approve, deny, or approve in
modified form the applications.
' (i) Public Meetings Required
The Board shall meet once monthly to consider applications for
Historic Corridor Architectural Control Permits. The meeting of
the Board shall be open to the public and a full and impartial
hearing shall be granted to the applicant and to any other
interested parties.
(j) Board Authority to Seek Outside Advice
The Board may seek technical advice from outside -its members on
any application. If the Board seeks outside advice, the Board
shall provide a copy of the consultant's report to the applicant
and shall render a decision on the application within 90 days from
the date that the complete application was filed.
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MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
(k) Form of Decision
All decisions of the Board granting or refusing a Historic
Corridor Architectural Control Permit shall be in writing, a copy
of -which shall be sent to the applicant and a copy filed with the
Town Office.
(1) Explanation of Disapproval
In the case of denial of an Historic Corridor Architectural
Control Permit, the Board shall state the reasons for such denial
in writing and transmit the written statement to the applicant.
In the statement the Board may make suggestions that would help
the applicant in the resubmission of an application.
(m) Accurate Drawings of Approved Plans Required
Befor4 issuing permits for any work which has been approved by the
Board, the Zoning Administrator shall require applicants to submit
plans that accurately reflect any changes or conditions imposed by
the Board in its approval of projects.
(n) Conformance with Permit Required
All work performed pursuant to issuance of an Historic Corridor
Architectural Control Permit shall conform to the approved plans
and specifications and to any modifications required by the
permit. In the event work is performed not in conformance with
the permit, the Zoning Administratorshall notify the responsible
person or firm in writing of the violation and shall take the
necessary legal steps to ensure that the work is performed in
conformance with the permit.
(o) Permit Void if Construction Not Commenced
An Historic Corridor Architectural Control Permit shall become
void unless construction is commenced within 12 months of the date
of issue.
(p) Change of Plans After Issuance of Permit
Any change in the work plans subsequent to the issuance of an
Historic Corridor Architectural Control Permit shall require
submission of a new application and issuance of a new permit.
(q) Appeals
(1) Appeals to the Board. The Board shall not hear the
subject matter of any application which has been
denied except in cases where an applicant submits his
application so amended that it substantially addresses
the Board's reasons for denial of the original
application.
(2) Appeals to the Council. Appeals to the Council from
any final decision of the board of may be made by any
person by filing a petition with the Clerk of Council,
setting forth the basis for the appeal, within 30 days
after the final decision is rendered. The filing of the
petition shall stay the decision of the Board pending
the outcome of the appeal to the Council, except that
the filing of such petition shall not permit any
construction activity which was the subject of the
application on appeal to the Council. The Council may
reverse or modify the decision of the Board in whole or
in part, if it finds upon review that the decision of
the Board is contrary to the law or that its decision is
arbitrary and constitutes an abuse of discretion, or it
may affirm the decision of the Board.
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MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
(3) Appeals to the Circuit Court of Loudoun County.
Appeals to the Circuit Court of Loudoun County from any
decision of the Council may be made by any person by
filing a petition at law, setting forth the alleged
illegality of the action of the Council within 30 days
from the final decision rendered by the Council. The
filing of the said petition shall stay the decision of
the Council pending the outcome of the appeal to the
Court, except that the filing of such petition shall
not permit any construction activity which was the
subject of the application on appeal to the Council.
The court may reverse or modify the decision of the
Council in whole or in part, if it finds upon review
that the decision of the Council is contrary to law or
that its decision is arbitrary and constitutes an abuse
of discretion or it may affirm the decision of
the Council.
Section 10-B-6. DESIGN CRITERIA
The Board and, on appeal, the Town Council shall find that the application
meets all of the following standards and criteria in approving
applications filed under this Article:
(a) Whether or not the proposed external architectural features,
represented by the general design and arrangement, texture,
color, line, mass, dimension, material and lighting
reflect good urban design.
(b) Whether or not the proposed structure, building or
improvement is compatible with existing well designed
structures, acceptable to the Board, in the vicinity of the
proposed structure.
(c) Whether or not proposed freestanding buildings use the same
or architecturally harmonious materials, color, texture and
treatment for all exterior walls; and in the case of
partially freestanding buildings, whether or not the same or
architecturally harmonious materials, color, texture and
treatment are used on all portions of all exterior walls
exposed to public view.
(d) Whether or not the combination of architectural elements
proposed for a structure, building or improvement, in terms
of design, line, mass, dimension, color, material, texture,
lighting, landscaping, roof line and height conform to
accepted architectural principles for permanent buildings as
contrasted with engineering standards designed to satisfy
safety requirements only.
(e) Whether or not, in terms of design, material, texture, color,
lighting, landscaping, dimension, line, mass roof line and
height, the proposed structure, building or improvement is
designed to serve primarily as an advertisement or commercial
display, exhibits exterior characteristics likely to
deteriorate rapidly, would be of temporary or short-term
L
rchitectural or aesthetic acceptability, or would otherwise
constitute a reasonable foreseeable detriment to the
attractiveness and stability of the town's historic arterial
corridors.
Section 10-B-7. NO ARCHITECTURAL STYLE TO BE REQUIRED
The Board and, on appeal, Town Council shall not adopt or impose any
specific architectural style in the administration of this Article.
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MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
SECTION II. The Planning Commission shall report its recommendations
to the Town Council on the proposed amendment within 45 days following its
receipt of the proposed legislation.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
88-155 - RESOLUTION - AUTHORIZING SIGNAL IMPROVEMENTS AT THE INTER-
SECTIONS OF KING AND MARKET AND KING AND LOUDOUN I STREETS AND MAKING A SUPPLEMENTAL APPROPRIATION
THEREFOR
On motion by Mr. Clem, seconded by Lovin, and after an explanation by
Tom Mason and considerable discussion, the following resolution was pro-
posed and adopted:
WHEREAS, the existing signal heads and controllers at the King
Street/Market Street intersection and King Street/Loudoun Street intersec-
tion are outmoded and require frequent repair; and
WHEREAS, new signal heads and traffic controllers will permit the town
to program signal phasing to improve traffic safety, circulation and signal
reliability within the Downtown Historic District; and
WHEREAS, an upgrade of the signalization of this intersection has been
included in both the 1988 and 1989 fiscal year's budgets; and
WHEREAS, the Director of Engineering and Public Works and the town's
consulting traffic engineers, Kamber Engineering/Bellomo-McGee, Inc., recom-
mend these improvements; and
WHEREAS, the design and installation of the new signalization equipment
can be accomplished independently of any future Council decision to prohib-
it left -turns during certain hours at the intersection of King and Market
and/or an additional southbound lane at that intersection;
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. An appropriation is made to the General Fund Account No.
4102-700-060-200, Equipment, in the amount of $19,000 for fiscal year end-
ing June 30, 1989.
SECTION II. The town manager is directed to have a report prepared for
future Council consideration with recommendations regarding the lane config-
uration of King Street at its intersection with Market and the desirability
of a left -turn prohibition at this intersection during certain hours of
high traffic volume.
Aye: Councilmembers Clem, Forester, Lovin, Tolbert and
Mayor Sevila
Nay: Councilmember Kimball
88-156 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTABLE
PERSONAL PROPERTY TAXES FOR 1983
On motion by Mrs. Forester, seconded by Mr. Clem, the following resolu-
tion was proposed and unanimously adopted:
WHEREAS, the 1950 Code of Virginia, Section 58.1-3940 provides for
collection of local personal property taxes to be enforceable for only five
years following December 31 of the year for which such taxes were assessed;
and
WHEREAS, the town's financial records contain outstanding personal
property taxes for the year 1983:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
that the Director of Finance is authorized to charge-off from the town's
financial records all outstanding personal property taxes for the year 1983.
51
MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
Aye: Councilmembers.Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
88-157 - RESOLUTION - AUTHORIZING THE CHARGE-OFF OF UNCOLLECTABLE WATER
AND SEWER ACCOUNTS
On motion by Mr. Clem, seconded by Mr. Tolbert, the following resolu-
tion was proposed and unanimously adopted:
' WHEREAS, the town each year identifies those water and sewer utility
accounts that are past due and considered uncollectible; and
WHEREAS, a listing of those accounts for the fiscal year ending June
30, 1988, is hereby attached:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
that the attached listing of delinquent water and sewer accounts have been
identified to be uncollectible and authority is given for the accounts to
be written -off the town's books and records as uncollectible accounts.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
NEW BUSINESS
88-158 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PER-
FORMANCE GUARANTEE AND WATER AND SEWER EXTENSION
PERMITS FOR BEAUREGARD ESTATES, PHASE I
On motion by Mrs. Forester, seconded by Mr. Tolbert, the following
resolution was proposed and unanimously'adopted:
' RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public improve-
ments for the improvements shown on the plans approved by the Director of
Engineering and Public Works for Beauregard Estates Phase I.
SECTION II. The extension of municipal water and sewer works for
Beauregard Estates Phase I is approved in accordance with Sections 15-9 and
19-18 of the Town Code.
SECTION III. An irrevocable bank letter of credit in a form approved
by the town attorney from American Home Funding, Incorporated of Annandale,
Virginia, a subsidiary of Citizens Savings Bank, FSD of New York in the
amount of $1,034,959.20 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engi-
neering and Public Works for Beauregard Estates Phase I.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
88-159 - RESOLUTION - APPOINTING WILLIAM P. MULOKEY TO LEESBURG TOWN
COUNCIL TO FILL UNEXPIRED TERM OF CHARLES J. WIL-
LIAMS
On motion by Mr. Tolbert, seconded by Mrs. Forester, the following
resolution was proposed and unanimously adopted:
Mayor Sevila said he was gratified by the response we received from a
number of citizens who have expressed interest, not only in those eight who
came forward with their letters indicating their interest, but the many
others who came to Council recommending other names. The Council did adopt
what they thought was a very successful approach to this -- we were inter-
ested in -attracting as wide of a variety of interest in the seat as possi-
ble and he said they were successful. He said they met with each person
individually in Executive Session which enabled them to have frank discus-
sions on town issues, on personal qualifications, on intent, desire, and
52
MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
interest in the community and enabled them to come up with a name. He said
he did want to thank all the candidates who came before the Council.
WHEREAS, a vacancy was declared by the Leesburg Town Council as a re-
sult of the resignation of Charles J. Williams; and
WHEREAS, Charles J. Williams was elected to a four-year term on the
Town Council of the Town of Leesburg at the general election held on May 6,
1986, said term to run until June 30, 1990; and
WHEREAS, the Town Council of the Town of Leesburg desires to appoint
William P. Mulokey to fill this vacancy upon his qualification:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia I as follows:
William P. Mulokey is hereby appointed to fill the vacancy on the Town
Council, effective immediately upon his qualification as required by law.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
On motion by Mrs. Forester, seconded by Mr. Kimball, Council voted
unanimously to go into Executive Session to discuss personnel matters rela-
tive to appointments to Committees pursuant to Section 2.1-344(a)(1) of the
1950 Code of Virginia, as amended.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
Council returned to regular session at 10:12 p.m.
On motion by Mrs. Forester, seconded by Mr. Tolbert, Council appointed '
Thomas Nalls, Joseph Trocino, Donald Butler, James Pumphrey, Joby Reynolds,
Bruce Roberts and Lee Wall to the Economic Development Advisory Commission
for new terms that begin July 1, 1988.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
On motion by Mr. Tolbert, seconded by Mrs. Forester, Council reappoint-
ed all the existing members: Kenneth W. Robinson, Francis X. Carney, Cathe-
rine R. Dodds, Emmitt W. Eccard, Jr., Frederick P. Lillis, Terrance Young
and Georgia Bange to the Parks and Recreation Commission.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
On motion by Mrs. Forester, seconded by Mr. Clem, Council appointed
Fred Z. Hetzel, Jr., Reavis Sproull, Maryanne Newman, Ronald J. Rogers and
Elmo Blythe to the Environmental Advisory Commission. That will leave two
vacancies on this Commission.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert '
and Mayor Sevila
Nay: None
On motion by Mr. Lovin, seconded by Mr. Clem, Council reappointed Sally
Rich to the Board of Architectural Review.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
53
MINUTES OF REGULAR MEETING OF THE LEESBURG TOWN COUNCIL, AUGUST 9, 1988
On motion by Mr. Clem, seconded by Mr. Lovin, Council appointed William
P. Mulokey as Councilmanic member of the Cable Television Advisory Commis-
sion, effective immediately upon his qualification as required by law.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
The following resolution was prepared and unanimously adopted:
' 88-160 - RESOLUTION - MAKING APPOINTMENTS TO BOARDS AND COMMISSIONS
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The following persons are appointed to the Economic Develop-
ment Advisory Committee for terms ending June 30, 1991, in accordance with
Chapter 5.2, Article I of the Town Code:
Donald Butler
Thomas Nalls
James Pumphrey
Lee Wall
Joby Reynolds
Bruce Roberts
Joseph Trocino
SECTION II. The following persons are appointed to the Parks and Recre-
ation Commission for terms ending as shown, in accordance with Chapter
11.1, Article I of the Town Code:
Georgia Bange - 6/30/90
Francis X. Carney - 6/30/91
Catherine R. Dodds- 6/30/90
Terrance Young
Emmitt W. Eccard, Jr.1- 6/30/91
Frederick P. Lillis - 6/30/90
Kenneth W. Robinson - 6/30/90
- 6/30/91
SECTION III. The following persons are appointed to the Environmental
Advisory Commission for terms ending June 30, 1990, in accordance with
Chapter II, Article VIII of the Town Code:
Elmo Blythe
Fred Z. Hetzel, Jr.
Reavis Sproull
Maryanne Newman
Ronald J. Rogers
SECTION IV. Sally Rich is reappointed to the Board of Architectural
Review for a term ending June 30, 1990.
SECTION V. William P. Mulokey is appointed as the Councilmanic member
of the Cable Television Advisory Commission, effective immediately upon his
qualification as required by law.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Tolbert
and Mayor Sevila
Nay: None
On motion by Mrs. Forester, seconded by Mr. Lovin, the meeting was
adjourned.
Mayor
Clerk of ounciI
sw