HomeMy Public PortalAbout1988_09_2779
MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, SEPTEMBER 27, 1988
A regular meeting of the Leesburg Town Council was held in the Council
Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia on September 27,
1988, at 7:30 p.m. The meeting was called to order by Mayor Robert E.
Sevila with the invocation given by Mr. Tolbert, and Councilmember
Forester leading the pledge to the flag. Present were: Mayor Sevila:
Councilmembers: James Clem, Christine Forester, Donald Kimball,
William Mulokey and Vice Mayor John To'hert. Staff members present
were: Town Manager Jeffrey Minor, Director of Finance Paul York, Director
of Engineering and Public Works Tom Mason, Acting Director of Planning,
Zoning and Development Jay Hicks, Assistant Town Manager Steve Brown and
Deputy Town Attorney Deborah Welsh.
On motion of Councilmember Tolbert, seconded by Councilmember
Clem, the Council voted unanimously to approve the minutes of July 26,
September 7 and September 21, 1988 as presented.
PETITIONERS
Hubbard Turner resident of 1107 Bradfield Drive, wanted to
congratulate the staff, the planning commission and the developer of the
Greenway site for their efforts in helping to solve the location of the
sewer mains on this project. He reported on a recent walk-through of the
site and commented positively on this type of cooperation both from staff
and the developer.
Sonny Pearson resident of 214 North King Street. Mr. Pearson
distributed plans showing his lot and a proposed swimming pool. He
reported that the application for a zoning permit was denied because he
could not meet the setback requirements on his site. He submitted a
statement signed by neighbors stating that Mr. Pearson's proposed pool
would have no negative impact on the surrounding dwellings. When asked if
he had appealed to the Board of Zoning Appeals, Mr. Pearson reported that
' he had not because he had been advised that in order to seek a variance he
would need to prove a hardship and he could not logically term a swimming
pool a hardship. Councilmember Forester reported that there has been a
history of problems of setbacks on lots within the Historic District and
perhaps some consideration should be given to reinstating the original
legislation to allow the sideyards to be ten percent the width of the
lots. Mayor Sevila stated that the variance procedure does need to be
protected and asked that this matter be placed on the committee agenda with
a report from staff regarding the required setbacks. Mr. Minor stated that
there are pool requirement setbacks apart from the side yard requirements.
COUNCILMEMBER COMMENTS
Mr. Mulokev commented on his whirlwind of study for getting
introduced to the Town government and said he is looking forward to his
service with the town. He congratulated Mr. Minor on having such an
excellent organization. He reported on working with the cable commission
on the franchise and congratulated Mr. Lovin for his recent presentation
to the DBA.
Mr. Clem thanked Mr. Minor for the excellence of the most recent
activity report and commented on the recent addition of street lights on
the west end of town.
Mr. Kimball reported on his first meeting of the NVPDC and their
action regarding solid waste management and projected programs for the
Chesapeake Bay.
Mrs. Forester reported on the recent Subdivision and Land
Development Committee of the Planning Commission. She reported that Mrs.
Frye of the Country Club Subdivision is also very pleased with the
progress being made on solving the environmental problems of the Greenway
project. She also reported that the Zoning and Comprehensive Plan
Committees of the Planning Commission will be holding extra meetings to
MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
work on the residential and commercial zoning districts for zoning
ordinance amendments.
Mr. Tolbert reported that the Environmental Advisory Commission
will have their goals report very soon.
MANAGER'S REPORT
Mr. Minor acknowledged the positive comments from Council. He
reported on the recent installation of a Fax machine for the offices,
John Creamer's recent resignation for a promotion with the Town of
Purcellville, and that the Ida Lee Park final bid documents should be
going out next week.
Mr. Minor informed the Councilmembers that Gary Huff, Director of
Parks and Recreation is developing a quarterly newsletter, "Leesburg at
Leisure" and it should be going out to the public next week.
Councilmember Kimball asked about the recently installed curb and
gutter at Clubhouse Drive. Director of Engineering and Public Works Tom
Mason explained that it does appear to encroach, but that it is a temporary
problem and will be corrected by a stop bar when the intersection is
completed and the traffic signal is in place.
On motion of Mr. Clem, seconded by Mr. Tolbert, the following
legislation was adopted unanimously by consent: Agenda items 10(a), 10(b),
10(c), 10(d), 10(e), 10(f), 10(h), 10(i), 10(j), 10(k), 10(1), 10(m),
10(n), 10(o), and 10(p) as shown below:
88-0-33 - ORDINANCE - AMENDING THE ZONING MAP FOR #ZM-102 - VCH INC.
WHEREAS, Rezoning application #ZM-102, by VCH, Inc., was initiated
and referred to the Planning Commission on April 13, 1988; and
WHEREAS, the Planning Commission held a public hearing on this
application on June 2, 1988; and
WHEREAS, the Planning Commission on July 7, 1988 recommended to
Council approval of this application, contingent upon the proffers
submitted and additional conditions relating to slope preservation; and
WHEREAS, the Council held a public hearing on this application on
September 13, 1988, prior to which, a signed, notarized proffer statement
was submitted by the property owner; and
WHEREAS, this Council finds this rezoning to be in the best interest
of the public health, safety, welfare, convenience 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 Town R-1 on a
5.001 acre parcel of land located on the eastern edge of Lawson Road
(Route 654) and bounded on the north by the proposed Turner -Wilson
Subdivision; on the west by Lawson Road (Route 654) and property of
Ciganek, Laude and Alberts; and on the south by lands of Leegate
Corporation; in accordance with a boundary plat dated February 19, 1988 by
Ken W. Erickson, Inc. submitted with the application; and subject to the
following proffered conditions submitted by the property owner in
accordance with Section 15.1-491(a) of the Code of Virginia as amended:
1. Concept plan: The tract shall be subdivided into not more than 9
lots in general conformance with the revised Concept Plan and the
"Approximate Limits of Clearing and Grading Plan: prepared by Patton,
Harris, Rust and Associates, PC., dated September 20, 1988 as
approved by the Town Council. Site development and all development
will comply with subdivision regulations and any and all other laws of
Town, State and/or County.
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MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
2. Lawson Road: The developer, at the time of final plat approval,
shall dedicate to the Town in a form approved by the Town Attorney,
sufficient right-of-way to provide 25 feet of public right-of-way from
the existing centerline of Lawson Road across the frontage of the
tract, as illustrated on the concept plan referenced in Proffer #1,
and shall dedicate additional right-of-way to allow for the
realignment of Lawson Road to its ultimate intersection with
Battlefield Parkway, as required by the Town. Frontage improvements
will be completed by the developer to meet the ultimate section
approved by the Town of Leesburg for Lawson Road in this location as
specified in the July 7, 1988 memo to the Planning Commission from
Paul Gauthier and provide a pedestrian trail of a design approved by
the Town of Leesburg, to be located within the public.right-of-way if
possible or within 10 feet of the right-of-way within a public access
easement. The developer, at the time of final subdivision plat
approval, shall bond construction of the said public improvements and
shall construct such improvements in accordance with Town standards.
The Town, prior to the issuance of a zoning permit for each new
dwelling unit constructed within the tract, shall be paid $1,000.00
per dwelling unit for the eight (8) new dwelling unites, to be used
for regional road improvements in the area.
3. Fire, Rescue & Public Park: The developer, prior to the receipt of
zoning permits for the eight new dwelling units on the property, shall
make a non-refundable cash contribution to the Town of Leesburg, of
$100.00 per dwelling unit for fire & rescue and $200.00 per dwelling
unit for Ida Lee Park for each new dwelling unit constructed on the
property.
4. Vegetation & Slope: Both steep slopes and mature trees shall be
protected to the greatest extent possible as shown on the clearing and
grading plan dated September 20, 1988, referenced in Proffer #1.
Mature trees (18" dbh) and slopes in excess of 15 percent shall be
removed or modified only as necessary to accommodate site
construction, access, utilities service, and the creation of usable
lots and yards for proposed dwellings. Slopes in excess of 25% will
be preserved as shown on the concept plan referenced in Proffer #1. A
detailed grading/house location plan and tree preservation plan
including 2' topo and 25% slopes shall be submitted to the Town for
approval as a part of the preliminary subdivision application.
5. Public Utilities: All dwellings on the property shall be served by
the extension of Town water and sewer utilities, which shall be
designed, bonded, and constructed by the developer in accordance with
Town standards.
6. Lots 3 & 4, as illustrated on the concept plan referenced in Proffer
#1, shall meet the current minimum 75 foot lot width standard at the
front yard setback line as determined at the Preliminary Subdivision
Plat review stage to the extent of relocating the existing pool if
necessary to preserve 25% slopes.
7. Public Park Dedication: The developer, at time of final plat
approval, shall dedicate in a form approved by the Town Attorney, to
the Town (or its designee) for public park purposes an area of
approximately 14,935 square feet located at the northeast corner of
the property, further described as Parcel A on the Concept Plan
referenced in Proffer /)1.
SECTION II. This ordinance shall be in effect upon its passage.
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ELECTIONS
A
WHEREAS, the town has received a request from the Loudoun County
Electoral Board to establish a central absentee voter election district
(CAVED) for town elections; and
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MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
WHEREAS, the establishment of a CAVED is provided for under Section
24.1-233.1 of the Code of Virginia; and
WHEREAS, the electoral board indicates that a CAVED will provide
effective and appropriate control over the administration of absentee
ballots in town elections:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. Chapter 6 of the Town Code, Elections, is hereby amended
by adding the following:
Section 6-3. Central Absentee Voter Election District
Sec. 6-3. A Central Absentee Voter Election District (CAVED) for
all town elections shall be located at the General Registrar's Office
Building, 109 Harrison Street, N.E., Leesburg, Virginia.
SECTION II. This ordinance shall be in effect upon its adoption.
88-175 - RESOLUTION - APPOINTING WILLIAM MULOKEY AS COUNCIL'S
APPOINTING TO THE COMPREHENSIVE CONSULTANT'S
SERVICES SELECTION COMMITTEE
WHEREAS, a Request for Proposal has been issued to select a consulting
engineering firm to provide civil engineering services to the Town of
Leesburg; and
WHEREAS, Section 8.2-5 of the town's Purchasing Policy requires that a
member of the Town Council serve on the Consultant Selection Review
Committee:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
William Mulokey is appointed to serve as the Council representative
on the Comprehensive Consultant Service Review Committee
88-176 - RESOLUTION - AUTHORIZING A LOAN FROM THE UTILITY FUND TO THE
AIRPORT FUND FOR PROPERTY ACQUISITION FOR THE
NORTH RUNWAY EXTENSION
WHEREAS, the Town of Leesburg has completed a 1000 foot extension of
the airport runway to the north; and
WHEREAS, Town Council Ordinance #88-0-19 approved the Alan Kay
rezoning which required the town to purchase 2.383 acres for $181,656.00 at
the airport's north end September 30, 1988 to avoid interest charges; and
WHEREAS, the FAA and State of Virginia have agreed to fund the
purchase and are processing the application; and
WHEREAS, the Airport Fund balance is not sufficient to complete the
transfer; and
WHEREAS, anticipated grant funds will not be received by September 30,
1988:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A loan to the Airport Fund from the Utility Fund in the
amount of $71,000 is authorized to cover the cost of the land acquisition
transaction until lease proceeds and grant payments are received.
SECTION II. Interest of six percent will be paid the Utility Fund
from the Airport Fund during the term of this loan.
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MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
88-177 - RESOLUTION - INITIATING AN AMENDMENT OF THE LOUDOUN COUNTY
ZONING ORDINANCE AS ADOPTED AND ADMINISTERED BY
THE TOWN OF LEESBURG FOR PD -H: PLANNED
DEVELOPMENT - HOUSING DISTRICTS
WHEREAS, the current PD -H ordinance regulates residential density by
a floor area ratio which provides an undesirable incentive for the
construction of smaller dwelling units; and
' WHEREAS, industrial , office building, service and commercial uses are
generally not compatible with the permitted principal residential uses; and
WHEREAS, amendment of the County PD -H regulations 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 Loudoun County Zoning Ordinance, as
adopted and administered by the Town of Leesburg, is initiated to create
the PDH -16: Planned Development Housing District which shall replace the
PD -H: Planned Development -Housing Districts, and shall read as follows:
701 PDH -16 PLANNED DEVELOPMENT - HOUSING DISTRICT
The following regulations and requirements apply to planned develop-
ments primarily for housing.
701.1 Applicable Regulations
Notwithstanding the requirements and provisions of Section 700,
t Planned Development Generally, districts hereby created shall be
subject to requirements as to approval of site development plans
and reports by the Planning Commission as for other planned develop-
ment - housing. Related bonds, dedications, guarantees, agreements,
contracts, and deed restrictions shall be approved by the Town
Council before building permits may be issued.
701.2 Planned Development - Housing defined
A planned development - housing, is defined for the purposes of
these regulations as a planned development (as defined generally in
Section 700) primarily for dwellings and related uses and
facilities.
701.3 PDH -16 District, Where Permitted Intent
PDH -16 districts may hereafter be established by amendments to the
official zoning map in accordance with the provisions set forth
generally for PD districts in Section 700 and Article 12, and with
intensities and in locations in accordance with the Town Plan.
701.4 Adoption of "Guides and Standards for Planned nevalnnmcnte -
"Guides and Standards for Planned Developments - Housing", are
adopted as detailed requirements to guide applicants in preparation
' of plans and programs for planned development - housing, and to
guide in review of proposals and administration to PDH -16 zoning.
701.5 Permitted Principal and Permissible Uses and Structures
701.5.1 Permitted principal uses and structures are as follows:
a. Single-family attached dwellings
b. Multi -family dwellings
c. Churches
d. Schools
e. Parks, playgrounds, community centers and non-commercial
recreational facilities
f. Wayside bus stations
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MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
701.5.2 Permitted accessory uses and structures are as follows:
Uses and structures which are customarily accessory and clearly
incidCntal and subordinate to permitted principal uses and
structures including guest houses and home occupations.
No accessory building shall be constructed until construction of
the principal building has actually begun, and no accessory building
shall be used until the principal building is completed and in use,
provided however that temporary buildings and uses shall be per-
mitted for not to exceed one year in connection with construction,
with permits renewable as provided in Section 904.5.2.
701.6 Permissible Uses and Structures
In addition to the principal and accessory uses and structures
permitted by right, as indicated above, facilities planned for
development as part of the district and serving needs not otherwise
served in the general area may be permitted by the Town Council:
(a) as part of a PDH -16 amendment, or (b) by special exception
procedure at any time after PDH -16 amendment provided that such
facilities shall only include those uses and structures which are
intended:
a. Primarily to serve the needs of persons in the PDH -16 district;
b. Are of a nature permitted in other districts;
c. Are designed and located to protect the character of the district
and surrounding residential districts; and
d. Shall occupy in total not more than 28% of the total land area
of the district.
More specifically such facilities may include those listed below.
701.6.1 Public Uses and Structures. Structures and uses required for the
operation of a public utility or performance of a government
function.
701.6.2 Transitional uses. On the first lot or first 150 feet of a Planned
Development Housing (PDH -16) district adjoining a commercial or
industrial district, an office or clinic not exceeding 5000 square
feet floor area shall be permitted, or a combination of not -to -
exceed one dwelling unit and an office or clinic, with total
floor area not exceeding 5000 square feet floor area, subject to
the yard and lot coverage requirements of the PDH -16 district.
701.6.3 Special Exceptions in the Planned Development Housing - 16 District
Wherever permissive or special exception uses and structures are
permitted in the PDH -16 District, the following procedures shall
apply:
701.6.3.1 In cases where the application for special exception is part of
PDH -16 District amendment, the special exception application shall
be reviewed by the Planning Commission, who shall forward its recom-
mendation on the special exception to the Town Council simultaneous-
ly with its district amendment recommendation.
701.6.3.2 In cases where the application for special exception occurs
after PDH -16 amendments, the Zoning Administrator shall file the
application directly with the Town Council for final disposition, as
provided elsewhere in this Ordinance.
701.7 Maximum Density: Maximum Density shall not exceed 16 dwelling
units per acre for multi -family structures and 10 dwelling units
per acre for single-family attached units; provided however,
maximum overall residential density for a PDH -16 project covered by
an approved development plan shall not exceed 12 dwelling units per
acre. Maximum density for non-residential uses shall be 0.20 FAR.
701.8 Minimum Open Space: 30 percent of the gross area shall be open
space.
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MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
701.9 Minimum Recreational Space: A minimum of 125 square feet of
active recreational space shall be provided for each multi -family
unit,: -improved with recreational facilities such as swimming
pools; tennis courts, and playgrounds. All recreational facilities
shall be constructed prior to completion of 50 percent of planned
dwelling units.
702 GUIDES AND STANDARDS FOR PLANNED DEVELOPMENTS - HOUSING
702.1 Permitted or Permissible Uses
702.1.0 Uses permitted (principal and accessory) in the PDH -16 district are
in general as provided in Section 701. With respect to such
principal and accessory uses as are not residential, PDH -16 require-
ments and limitations unless specifically stated or modified
herein, shall be for the district in which such uses first appear
in the Schedule of District Regulations or Supplementary
Regulations.
702.2 Site Planning - External Relationships
Site planning within the district shall provide protection of the
development from potentially adverse surrounding influences, and
protection of surrounding areas from potentially adverse influences
within the development. In particular:
702.2.1 Principal vehicular access points shall be designed to encourage
smooth traffic flow with controlled turning movements and minimum
hazards to vehicular or pedestrian traffic. Left hand storage and
right hand turn lanes and/or traffic dividers shall be required
where existing or anticipated heavy flow indicate need. In general,
minor streets shall not be connected with streets outside the
district in such a way as to encourage the use of such minor
' streets by substantial amounts of through traffic.
702.2.2 Access for pedestrians and cyclists entering or leaving the
district shall be by safe and convenient routes. Such access need
not be adjacent to, or limited to the vicinity of, vehicular access
points. Where there are crossings of pedestrian ways and vehicular
routes at edges of planned developments, such crossings shall be
safely located, marked and controlled, and where such ways are
exposed too substantial vehicular traffic at edges of districts,
safeguards may be required to prevent crossings except at designated
points. Bicycle and/or bridle paths, if provided, shall be so
related to the pedestrian way system that streets crossings are
combined.
702.2.3 Protection of visibility - pedestrian and cyclist.
Where there is pedestrian or bicycle access from within the develop-
ment to a street at its edges by paths or across yards or other
open space without a barrier to access to the street, no material
impediment to visibility more than 2 1/2 feet above the level of
the center of the street shall be created or maintained within
areas appropriate to the circumstances of the case, but in any
event within a visibility triangle equivalent to that required in
Section 512.
702.2.4 Uses adjacent to single-family or agricultural -residential
districts. Where a PDH -16 district adjoins a single-family resi-
dential or agricultural -residential district without intervening
permanent open space at least 150 feet in width serving as a
separation for buildable areas, the portion of the perimeter of the
PD -H district so adjoining (150 feet) shall be planned and developed
only for uses permitted in the adjoining residential district or
for the residential district affording -the next highest permitted
density and in accordance with all other requirements for such
district, provided however that in lieu of development, common
open space for the PDH -16 district to a depth of 150 feet from the
district boundary may be permitted. No intensive recreational use
shall be permitted within 75 feet of the district boundary in such
circumstances.
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702.2.5 Yards, fences, walls, or vegetative screening at edges of PD -H
districts shall be provided where needed to protect residents from
undesirable view, lighting, noise or other off-site influences, or
to protect residents of adjoining residential districts from
similar adverse influences within the PDH -16 district. In partic-
ular, extensive off-street parking areas and service areas for
loading and unloading vehicles other than passenger, and for storage
and collection of refuse and garbage shall be screened.
702.2.6 Height limitations at edges of PDH -16 districts. Except along
boundaries where adjoining districts permit greater heights within
similar areas, height limitations shall be limited by imaginary
planes leaning inward from district boundaries at an angle
representing an increase in height of 1/2 (one-half) foot for each
foot of horizontal distance perpendicular to the district boundary.
No portion of any building in such district shall project through
said imaginary planes.
702:3 Site Planning - Internal Relationships
The site plan shall provide for safe, efficient, convenient and
harmonious groupings of structures,uses and facilities. Elements
of the site plan shall be organized in relation to topography, the
size and shape of the plot, the character of the adjoining property,
existing desirable trees, and the views within and beyond the site.
Additionally, the site plan shall provide for appropriate relation
of space inside and outside buildings to intended uses and
structural features. In particular:
702.3.1 Maximum height restrictions. Dwellings: 35 feet. Other buildings:
35 feet.
702.3.2 Relation between buildings and open space. Buildings for resi-
dential occupancy shall be located and arranged in a manner that
each lot has reasonably direct access to open space on its site.
Such open space shall be of a nature, and shall be scaled, improved '
and arranged to serve the needs of the residents of such buildings.
702.3.3 Specifications
The arrangement, character, extent, width, grade and location of
all streets shall be designed and constructed in accordance with
town and VDOT specifications.
702.3.3.1 Streets, drives, parking and service areas shall provide im-
mediate , safe and convenient access and circulation for dwelling
units and project facilities and for service and emergency vehicles
including fire fighting equipment, furniture moving vans, fuel
trucks, garbage collection, deliveries, and snow removal. Streets
shall not be so laid out as to encourage outside traffic to traverse
the development on minor streets, nor occupy more land than is
required to provide access as indicated, no create unnecessary
fragmentation of the development into small blocks. In general,
block size shall be the maximum consistent with use and shape of the
site and the convenience and safety of the occupants.
702.3.4 Vehicular access to streets
702.3.4.1 If the street portion thereof serves 50 or less dwelling units
vehicular access from off-street parking and service areas may be
directly to the street from individual dwelling units. Determina-
tion of number of dwelling units served shall be based on normal
route of traffic anticipated in the development.
702.3.4.2 Vehicular access to other streets or portions of streets from
off-street parking and service areas shall be so combined, limited,
located, designed and controlled as to channel traffic from and to
such areas conveniently, safely, and in a manner which minimizes
marginal traffic friction and promotes free traffic flow on streets
without excessive interruption.
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MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
702.3.5 Ways for pedestrians and cyclists; use by emergency or service
vehicles. Walkways shall form a logical, safe and convenient
System for pedestrian access to all dwelling units, project
facilities and principal off-site pedestrian destinations. Walkways
-to be used by substantial number of children as play areas or
routes to school or other destinations shall be so located and
safeguarded as to minimize contracts with normal automotive traffic.
If substantial bicycle traffic is anticipated, bicycle paths shall
be incorporated in the walkway system. Streets crossings shall be
held to a minimum on such walkways, located and designed to provide
safety, and appropriately marked and otherwise safeguarded.
Pedestrian ways, appropriately located, designed and constructed,
may be combined with other easements and used by emergency or
service vehicles, but shall not be used by other automotive traffic.
702.3.6 Protection of visibility - automotive traffic, cvclists and
pedestrian shall be as provided in Section 512.
702.3.7 Yards, courts and building spacing for structures or portions of
structures containing housing.
702.3.7.1 Intent. Yards, courts and other open spaces required herein in
relation to structures or portions of structures containing dwelling
units in PDH -16 districts are intended to perform a variety of
functions. Among these are assuring (as appropriate to and required
by the uses involved and their location) adequate privacy, desirable
outlook, natural light and ventilation, access to and around
buildings, off-street parking and loading space and service areas,
space for landscaping, spacing between buildings and portions of
buildings for reducing potential adverse effects of noise, odor,
glare, or hazards from fire, and recreational space near buildings.
' 702.3.7.3 Application of regulations. Except as Section 702.2.4 affects
the edges of PDH -16 districts and Section 701.8 affects minimum open
space required, the following regulations shall apply to yards,
courts, other open space, and building spacing within the PDH -16
district, and measurements and interpretations are provided herein.
703.3.7.4 Minimum Lot Size Reauired:
1. Single-family attached = 1,400 feet
2. Multi -family = 1,000 feet
703.3.7.5 Minimum Lot Width Required:
1. Single-family attached
a. Interior lot = 18 feet
b. Corner lot = 28 feet
2. Multi -family = 100 feet
702.3.7.4 Minimum Yard Required:
1. Single-family attached
Front = 10 feet
Side = 10 feet
Rear = 20 feet
2. Multi -family
Front = 30 feet
Side = 30 feet
Rear = 30 feet
702.3.8 Yards, courts, and building spacing for structures or portions of
structures not containing housing shall be appropriate to the use
of such structure or portion of structure as related to anticipated
amounts and timing of vehicular and pedestrian traffic and exposure
of nearby housing to such use, and with due regard for:
a. Location of principle glassed area in such nearby housing;
b. Separation of residential open space from other open space by
walls, fences or vegetative screening where desireable;
c. Location of proposed parking areas, drives, and service areas.
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702.4 Definitions and Methods of Measurement and Corresoondin
Requirements
The following provisions shall govern. In general, references to
"the site", "the property", "the project", and the like shall be
considered to refer to the PDH -16 district.
702.4.1 Minimum area for the district. In determining whether area for the
district meets the requirements of these regulations, land area is
the site area for residential use within the property lines.
702.4.2 Residential land area is the site area for residential use to be
construed as including lands used for residential development and
related open space and portions of grounds of schools, churches and
the like, providing recreational open space. Residential land area
shall not be construed to include portions of school or church
grounds not constituting recreational open space.
In order to prevent abuses arising from inclusion of extensive
areas not suitable for residential development in computing resi-
dential maximum gross density the following limitations shall apply:
The land area base for determining maximum permissible residential
density shall consist of the land area suitable for residential
development within the district (defined as land other than in the
classes described below) minus land devoted to non-residential
uses, plus an area consisting of an amount equal to but not to
exceed 20 percent of such developable area, comprised of lands
within the district falling within the following classes:
a. Flood hazard areas
b. Slopes exceeding 12 percent
c. Soils judged unsuitable for development
702.4.3 Determination of maximum residential density. Maximum permissible
residential density shall be determined by multiplying the total ,
residential land area by the applicable per dwelling limit as
provided in Section 701.7
702.4.4 Open Space is defined as land area intended to provide light, air
and space to be designed for aesthetic or recreational purposes,
and to be accessible and in reasonable proximity to residents or
occupants of the development. Open space shall not include
streets, drives, off-street parking and loading areas, and areas so
located or of such size or shape to have no substantial aesthetic
or recreational value.
702.4.5 Recreation Space is that part of the open space which is
specifically designed to serve the needs of residents of the
district concerning active recreation (activities may include, but
not be limited to, swimming, tennis, golf, ballfields. Small
children's play areas may be counted as recreation space if the
areas's least dimension is 50 feet and the area contains at least
2500 square feet.)
702.4.5.1 Location of recreation space with relation to dwellinx. The
following locational requirements shall apply to recreation space
insofar as reasonably practicable:
a. Recreation areas intended for general use and for pedestrian
access shall be accessible from dwellings without crossing
streets, or with a minimum of street crossings.
b. Walkways and recreational areas shall form an interconnected
system, serving also as routes to schools, churches and other
major pedestrian destinations.
c. The recreation and walkway system shall be located in block
interiors and oriented away from exposure to automotive traffic.
d. At least 90 percent of all dwelling units shall be within 600
feet (by normal pedestrian routes) of countable recreation space.
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MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
702.4.6 Management of common open space and common facilities All open
space shall be preserved for its intended purpose as expressed in
the "Development Plan." The developer shall choose one, or a
combination of the following methods of administering common open
space:
a. Public dedication to the Town of the open space. This method is
subject to formal acceptance by the Town.
b. Establishment of a non-profit association corporation, trust or
foundation of all individuals or corporations owning residential
property within the planned development to insure the maintenance
of open spaces;
c. Retention of ownership, control and maintenance of open space by
the developer, subject to approval of the Town Council.
All open space not dedicated to the public shall be made subject to
restrictive covenants running with the said land thereafter re-
stricting its use as declared in the "Development Plan", and such
restrictions shall be for the benefit of, and enforceable by all
present or future property owners who shall be entitled to the use
of such open space under said "Development Plan" and the Town
Council.
All open space shall be specifically included in the development
' schedule and be constructed and fully improved by the developer at
an equivalent, or greater rate than the construction of residential
structures. All recreational facilities shall be constructed prior
to completion of 50 percent of planned dwelling units.
If the developer elects to administer open space through an
association, non-profit corporation, trust, foundation, said
organization shall conform to the following requirements:
a. The developer must establish the organization prior to the sale
of any lots.
b. Membership in the organization shall be mandatory for all
residential property owners, present or future, within the
planned community and said organization shall not discriminate
in its members or shareholders.
c. The organization shall manage all open space, and recreational
and cultural facilities that are not dedicated to the public;
shall provide for the maintenance, administration, and operation
of said land and improvements and any other land within the
planned community not publicly or privately owned, and shall
secure adequate liability insurance on the land.
d. Shall generally follow the format of FHA Document 1401.
SECTION II. The manager shall refer the proposed amendment to the
Planning Commission for hearing and report and the Planning Commission
shall report its recommendation to the Town Council on the proposed
amendment within sixty days of its public meeting.
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MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
88-178 - RESOLUTION - MAKING AN APPROPRIATION FOR AUTOMOBILE ALLOWANCE
WHEREAS, the Administration and Public Works Committee has endorsed a '
proposal to provide the manager with an automobile allowance in lieu of an
assigned town -owned and maintained vehicle:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
An appropriation is made to the General Fund, Account No. 1201-550-
020-200, Auto Allowance, in the amount of $2700 for fiscal year ending June
30, 1989.
88-179 - RESOLUTION - APPROVING DEED OF SUBORDINATION FOR PROPERTY OWNED
BY LOUDOUN COUNTY RESCUE SQUAD
WHEREAS, on September 13, 1988, the Loudoun County Rescue Squad
requested.that.the town amend.the deed to its property to improve the
squad's ability to borrow funds to meet future needs; and
WHEREAS, the attached deed of subordination has been prepared by the
Deputy Town Attorney to subordinate the reversionary interest of the town
to any future first Deed of Trust placed on the property; and
WHEREAS, the proposed deed of subordination will accommodate the
collateral requirements of lending institutions for future financing:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Mayor is authorized to execute the attached deed of subordination by
and between the Loudoun County Rescue Squad, Incorporated and Town of
Leesburg.
88-180 - RESOLUTION - AUTHORIZING A CONTRACT WITH SYDNOR HYDRONAMICS '
INCORPORATED FOR PROCUREMENT OF EQUIPMENT FOR THE
ROUTE 643 BOOSTER WATER PUMPING STATION
WHEREAS, bids for the equipment procurement contract for the Route 643
Booster Water Pumping Station were opened on September 20, 1988; and
WHEREAS, the lowest bid received is from Sydnor Hydrodynamics
Incorporated of Richmond, Virginia; and
WHEREAS, although only one bid was received, Camp Dresser & McKee
the town's engineering consultant, has recommended the contract to be
awarded to Sydnor since the bid is responsive and within the engineer's
cost and estimate; and
WHEREAS, the Director of Engineering and Public Works recommends the
contract be awarded to Sydnor Hydrodynamics Incorporated; and
WHEREAS, operation of the Route 643 Booster Water Pumping Station by
the summer of 1989 is essential to permit the scheduled opening of the Cool
Spring Elementary School; and
WHEREAS, failure to meet this deadline will create an emergency
condition under 8.5 of the Leesburg Purchasing Policy:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. The manager is authorized and directed to enter into a
lump sum contract on behalf of the town in a form approved by the town
attorney in the amount of $241,065.00 with Sydnor Hydrodynamics
Incorporated for procurement of equipment for the Route 643 Booster Water
Pumping Station.
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MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
88-181 RESOLUTION - AUTHORIZING PAYMENT OF PAYMENT REQUEST NOS 35 AND
36 TO R. F. KLINE, INC. FOR WORK COMPLETED AT
THE WASTEWATER TREATMENT PLANT
WHEREAS, the contract for improvements at the Wastewater Treatment
Plant was awarded to Richard F. Kline, Inc; and
WHEREAS, Section III of Resolution 85-80 adopted May 22, 1985 by the
Council of the Town of Leesburg provides: "The Council at its option will
require prior approval of all requisitions for payment under this
contract"; and
WHEREAS, the contractor has submitted Payment Request Nos. 35 and 36
on September 12, 1988 and Camp, Dresser & McKee has reviewed and approved
this request; and
WHEREAS, the Director of Engineering and Public Works has recommended
payment of Payment Request Nos. 35 and 36 in the amount of $157,449.00
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
Payment in the amount of $157,449.00 shall be made to R. F. Kline,
Inc. for Payment Request Nos. 35 and 36 for the Wastewater Treatment Plant
Expansion Project.
88-182 RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER
EXTENSION PERMITS FOR FAIRWAY MANOR SUBDIVISION
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public
' improvements for the improvements shown on the plans approved by the
Director of Engineering and Public Works for the Fairway Manor Subdivision.
SECTION II. The extension of municipal water and sewer works for the
Fairway Manor Subdivision 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 Perpetual Mortgage Company of McLean, Virginia
in the amount of $386,000.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the
Director of Engineering and Public Works for the Fairway Manor Subdivision.
88-183 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER
EXTENSION PERMITS FOR WOODLEA MANOR PHASE I
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager shall execute the contract for public
improvements for the improvements shown on the plans approved by the
Director of Engineering and Public Works for Woodlea Manor Phase I.
SECTION II. The extension of municipal water and sewer works for
Woodlea Manor Phase I is approved in accordance with Section 15-9 and
19-18 of the Town of Code.
SECTION III. An irrevocable bank letter of credit in a form approved
by the town attorney from Signet Bank of Virginia in the amount of
$3,221,000.00 is approved as security to guarantee installation of the
public improvements shown on plans approved by the Director of Engineering
and Public Works for Woodlea Manor Phase I.
SECTION IV. An irrevocable bank letter of credit in a form approved by
the town attorney from Signet Bank of Virginia in the amount of $62,000.00
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MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
is approved as security to guarantee the installation of public
improvements for the connection of Bradfield Drive.
88-184 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR #ZM-104
AMURCON LEESBURG
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A Notice of Public Hearing to consider rezoning application #ZM-104
by Amurcon Leesburg Corporation, to rezone 37 acres of land from PDH -30
to PDH -30 modified, to establish building setback/buffers of 50 feet
along the eastern and western property lines of land located south of Fort
Evans Road, N.E. extended shall be published in the Loudoun Times-Mirror.
The notice shall be published on October 20 and October 27, 1988, for
public hearing on November 8, 1988 at 7:30 p.m. in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia.
00-lOJ - ncJVLV1tVN - 1N111A11NU AN PntNUf1GNI 1U tht, 1.1;ES8UXG ZUNING
ORDINANCE REGARDING DECKS AND PATIOS IN REAR YARDS
AND SETTING A JOINT PUBLIC HEARING
WHEREAS, the R-3 Residential Zoning District requires a 30 -foot rear
yard, as opposed to a 20 -foot rear yard required for other town
single-family residential districts; and
WHEREAS, second story decks are prohibited from encroaching into
required rear yards; and .-
WHEREAS, revising the General Regulations requirements for decks more
than three feet above grade to permit limited encroachment is in the best
interest of the public health, safety, welfare and convenience and good
zoning practice:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. An amendment of the Leesburg Zoning Ordinance is initiated
to amend Section 1B -5(c)(5) Minimum Yard Requirements as follows:
5. Decks and Patios. Uncovered decks and patios, which are
attached to the principal structure and are not more than three
(3) feet above grade on the lot may extend into a required side or
rear yard to within five (5) feet of the property line for
single-family detached residences and three (3) feet of the side
or rear property line for all other residential uses. Uncovered
decks, which are attached to the principal structure and are more
than three (3) feet above grade on the lot may extend into a
required rear yard to within twenty (20) feet of the property
line, however, side yard requirements shall apply.
SECTION II. A public hearing on this amendment shall be held at
7:30 p.m. on October 25, 1988, in the Council Chambers, 10 West Loudoun
Street, S.W., Leesburg, Virginia. In accordance with Section 15.1-431 of
the 1950 Code of Virginia, as amended, this hearing shall be a joint
hearing of both the Planning Commission and Council. The clerk shall give
notice of this hearing on October 6 and 13, and shall advise the Planning
Commission of the purpose, time and date of the hearing.
SECTION III. The Planning Commission shall report its
recommendation to the Town Council on the proposed amendment on October 25,
1988, following the public hearing.
88-186 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR ZONING ORDINANCE
AMENDMENT REGARDING THE H-2 ARCHITECTURAL CONTROL
DISTRICT
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A notice of Public Hearing to consider a rezoning
amendment to the Leesburg Zoning Ordinance regarding the H-2 Architectural
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MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
Control District shall be published in the Loudoun Times-Mirror. The
notice shall be published October 20 and 27, 1988 at 7:30 p.m. in the
Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia.
SECTION II.' The Clerk shall notify the Planning Commission of this
hearing and invite them to attend and participate.
88-187 - RESOLUTION - ENDORSING SATURDAY COUNCIL LISTENING SESSIONS
WHEREAS, this Council seeks to enhance its direct communication with
the citizens of Leesburg; and
WHEREAS, the public's conflicting work schedules and the formality of
public meetings often diminish the opportunity of some citizens to address
their elected officials; and
WHEREAS, Saturday morning informal listening sessions will offer an
alternative method for improved communications between the town and its
citizens; and
WHEREAS, a majority of the Council have indicated a willingness to
ensure that two members are present for two Saturdays each month to listen
to citizen concerns and views:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows:
SECTION I. A Saturday morning listening session for enhanced citizen
communications is endorsed. These sessions shall be held from 10:00 a.m.
until 12:00 noon on the Saturday immediately preceding each regular Council
meeting and shall be held in the Council Chambers, 10 Loudoun Street, S.W.
SECTION II. The manager is authorized and directed to have prepared
appropriate public notices to appear in each Loudoun Times-Mirror edition
appearing during the week the listening session is to be conducted for as
long as the program continues.
88-188 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING REGARDING
PROCEEDS FOR THE PURCHASE OF DODONA MANOR
On motion of the Tolbert, seconded by Mr. Clem, the following
resolution was proposed:
WHEREAS, the former home of General George C. Marshall (hereinafter
referred to as Dodona Manor) represents one of the town's most valuable
historic, architectural and environmental resources; and
WHEREAS, Dodona Manor was also home to Zebulon Pike, after whom
Pike's peak was named, and was originally built for George Washington's
Grand Nephew: and
WHEREAS, Dodona Manor served as host to many international figures
including President Harry Truman, Winston Churchill and Madame
Chiang Kai-Shek; and
WHEREAS, significant developer interest has surfaced in the purchase
and commercial development of Dodona Manor: and
WHEREAS, Dodona Manor is zoned B-2 and the house, itself, is
unprotected by the H-1 Historic District; and
WHERAS, this Council is considering the use of a portion of the bond
proceeds from its 1987 and 1988 general obligation bond issues to help fund
the purchase of Dodona Manor, together with utility funds and private
contributions; and
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MINUTES OF LEESBURG TOWN COUNCIL MEETING FOR SEPTEMBER 27, 1988
WHEREAS, the use of these bonds proceeds will require an amendment to
the prior bond authorization Ordinance No. 87-0-27 adopted October 14,
1987; and
WHEREAS, an amendment to this ordinance will require a public hearing
pursuant to Section 15.1-171.2 of the 1950 Code of Virginia, as amended:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
as follows;
A notice of public hearing pursuant to Section 15.1.171.1 of the 1950
Code of Virginia, as amended, advertising the Town Council's intention to
amend Ordinance No. 87-0-27, adopted October 14, 1987, which authorized the
issuance of the Town of Leesburg, Virginia ten million dollar general
obligation public improvement bonds to allow the use of one million dollars
of these proceeds for the acquisition of Dodona Manor is authorized.
Said hearing to be conducted on October 25, 1988, at 7:30 p.m. in the Town
Council Chambers, 10 Loudoun Street, S.w. Leesburg, Virginia 22075. A
notice of public hearing shall be published in the Loudoun Times-Mirror on
October 6, 1988 and October 13, 1988, for a public hearing on October 25,
1988.
There was no discussion on this proposed resolution and it was adopted
unanimously, Chair voting.
NEW BUSINESS
88-189 - RESOLUTION - APPOINTING NESTOR SANCHEZ TO DODONA MANOR AD
HOC COMMITTEE
On motion of Councilmember Forester, seconded by Councilmember
Tolbert, the following was made:
Nester Sanchez is hereby appointed to the Dodona Manor ad hoc
Committee, said appointment to take effect immediately. '
This resolution was approved unanimously by Council, Chair voting.
The meeting adjourned at 8:27 p.m.
Clerk o the Council Pro Tem
Robert E. Sevila, Mayor
�1