HomeMy Public PortalAbout1988_11_08127
MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
November 8, 1988
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia on November 8, 1988 at 7:30 p.m. The meeting was called
to order by Mayor Sevila, with the invocation given by Councilmember Tolbert and the Salute to the
Flag led by the Fourth -Fifth Grade Girl Scout Troop. Present were: Mayor Robert E. Sevila,
Councilmembers James E. Clem, Christine M. Forester, Donald A. Kimball, Claxton E. Lovin, William
P. Mulokey and John W. Tolbert, Jr. Planning Commission members present were: Johnson, Gheen
and Jackson. Also present were: Town Manager Jeffrey H. Minor, Director of Engineering and Public
Works Thomas A. Mason, Assistant Director of Planning, Zoning and Development Jay A. Hicks,
Director of Parks and Recreation Gary Huff, Planner Peter Stephenson and Deputy Town Attorney
Deborah Welsh.
Petitioners
Stanley Caulkins addressed the Council regarding item 10(1) on the agenda He stated that he
was here tonight as a businessman, and a member of the Downtown Business Association (DBA). The
DBA is very interested in making sure that the Loudoun County government stays in Leesburg.
N Steven Owens addressed the Council on behalf of Shenandoah Square Center Limited
W Partnership, the developers of the proposed shopping center at the intersection of Edwards Ferry Road
m and the Route 15 Bypass. He provided each councilmember with a package of materials and read the
accompanying letter. He stated that the area around the bypass is right for development and the
Q proposed 100' setback would have a significant detriment to anyone who is trying to development this
property. There are number of legal issues which should be addressed and there is a significant
potential for adverse economic impact on the town. He does not believe that having one public hearing
and rushing this legislation through, would be to the best interest of the town. He requests the
Council to deny the request of the Planning Commission and initiate legislation as initially proposed,
so that the legislation can be heard at the Planning Commission level, with a Planning Commission
recommendation and then back to Council for further action.
' Vladimeer Gravilovich, representing International Pavilion Limited Partnership, addressed the
Council stating that they are the owners of approximately 140 acres at the Route 15 bypass and
Edwards Ferry Road and Fort Evans Road. They urge Council to send a strong message to the County
about the need to locate their new government center within the town. They will also be submitting
a proposal to the county to construct their government center on their site. Their site is sufficiently
large and is both, zoned and master planned for this type of development and most importantly, it is
within the Town of Leesburg.
Francis Raflo, a member of the Loudoun Restoration and Preservation Society addressed the
Council on behalf of the Society's president. The society would like to express the support for the
retention of the county seat in Leesburg. As a long time merchant in downtown Leesburg, Mrs. Raflo
feels very strongly, that keeping the county complex in Leesburg is not only historically important but
also economically important. She presented a letter to Council, from the society expressing their
support. The letter reads as follows:
The Board of Trustees of the Loudoun Restoration and Preservation Society supports the
retention and expansion of the Loudoun County Administration offices within the Town of Leesburg
or its immediate environs. We feel that it is important to keep this complex in its historical setting
and what is essentially the center of the town.
Charles Bos a resident of 211 North King Street and a member of the County Board of
Supervisors, addressed the Council on the issue of keeping the county complex in Leesburg. He
explained that the RFP for the location of the new county complex, was issued a couple of months ago
and the deadline for the proposals is November 10, 1988. There are six major policy issues that the
board has talked abort.. The mrwf. imMt+loM iao.)n :c +hn 1r..wNnn eC the p..Mnl.,e
believes that to move the complex out of Leesburg r
P ung would be totally "insane". The historic, cultural,
social, economic and political connections between the county and town go back hundreds of years, any
change from this would prove to be disastrous, both for the county and the town. Mr. Bos heartedly
endorses the town's legislation.
The background on how this occurred, is two -fold. The county offices are spread among dozens
of buildings throughout Leesburg. The county is paying close to $2 million a year in rent. This issue
should have been settled and the building built, a couple of years ago. The next major issue is what
size and comprehensive style building is necessary. The building should be large enough for immediate
needs plus some expansion capabilities, good traffic access, and needs to be involved in a development
that is not stand alone. Other issues are satellite offices in eastern and western Loudoun. These
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Minutes of November 8, 1988
issues will be debated by the board, sometime in December. Any input from residents, local businesses
and the Town of Leesburg, will be welcome and very helpful to bolster the case.
Mayor Sevila thanked Mr. Bos for speaking tonight. The community is 100% in favor of
retaining the county seat in Leesburg. The possibility of losing the county seat, threatens everyone.
This Council is very strongly in favor of retaining the county seat in Leesburg and recognizes its
importance, both to the citizens of the entire county as well as to the citizens of Leesburg.
Justin Stocker, a Leesburg Boy Scout, addressed the Council regarding American Education
Week. He stated that the boys and girls of Leesburg Elementary School would like to proclaim
American Education Week in Loudoun County and at Leesburg Elementary School.
Proclamation
WHEREAS, the quality of public education in Loudoun County affects not only the growth and
potential of individual children but also the health and viability of the county as a whole; and
WHEREAS, Loudoun citizens can be justifiably proud of the academic accomplishments of
Loudoun students compared with their peers throughout the state and the nation; and
WHEREAS, strong and informed community support of Loudoun schools is necessary to
continue to provide Loudoun's children with the very best education:
NOW, THEREFORE BE IT RESOLVED that children in Leesburg schools proclaim that the
week of November 13 . 19, 1988 which is American Education Week throughout the nation shall be
designated as a time for all citizens to reaffirm their commitment to public education in Loudoun.
Visiting their local schools to gain first hand knowledge of programs which are helping to
shape the futures of our youth. The county and our nation are contributing their time to help make
Loudoun public schools even better.
Mr. Minor stated that this was the second public hearing on this matter. It is expected to be '
at future committee meetings to further debate and consider the changes and improvements to the
legislation and evaluate the corridors.
The purpose of these historic corridor regulations is to implement the Town Plan goal of
insuring quality urban design compatible with Leesburg's historic, architectural and tourist resources
through architectural control along the town's arterial routes to the historic district.
Protection of these vital corridors, which form the traditional gateway 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.
Jay Hicks briefed the Council on the proposed map showing the limits of the existing H-1
zoning district.
Patti Muir. 1108 Bradfield Drive, feels that Leesburg is going to be developing very quickly over
the next few years and believes that the town should have controls to make sure that the town develops
in a proper manner. It is very important to maintain the historic value and charm of the town.
Hubbard Turner, 1107 Bradfield Drive, has been fnilnwina the F4_2 ne ,Ain „ent fn. a_ m„nla '
of months and supports it, yet feels it should proceeded cautiously. We do not want to infringe on the
rights of any property owners. We should pay attention to the new development that is taking place.
Chuck Boa 211 North King Street, congratulated Council for taking the initiative on this
legislation: It is a political "hot potato". It is worthy of going through the process and hopes Council
is successful. Leesburg is a unique town and some hints of what Leesburg is, needs to take place as
you approach the Town of Leesburg. This does not mean a detailed, architectural control, but it means
scale, size and sympathy to what Leesburg is. Council should make the process for the applicants easy,
and practical. Have a quick review time, have modest fees to no fees at all.
Richard Hill a resident of Mosby Drive stated that his property backs up to West Market Street
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Minutes of November 8, 1988
and will be affected by this proposed legislation. Listening to some of the comments made by staff, he
does not understand how this proposed legislation will promote the health and safety of the residents.
He believes there are two basic flaws in this legislation. First, the town is trying to legislate esthetics,
what is good architecture and what is bad architecture. The second, is that the Council is in effect
delegating their legislative authority to an unelected board. When the Council delegates its power, they
should setforth guidelines, to the members of the BAR. This legislation is not written to guide anyone
in deciding what is "good or bad architecture". Some of the standards of this ordinance are ludicrous.
Mayor Sevila asked Mr. Hill to come to the committee meeting to further discuss some of the technical
defects, that Mr. Hill is noting.
Mr. DiZere¢a 623 Catoctin Circle, S.W., stated that this legislation should be limited to the
downtown area.
Jerry Moore. 508 West Market Street, stated that his property would be affected by the
proposed legislation and requests that the existing residents be exempted from the legislation.
Terry Titus, 805 Wage Drive, concurs with Mr. Bill, in that, the language in the ordinance is
highly subjective and should be reviewed and reconsidered He did note that the town should be
complimented with the historic district.
Jack Wallace representing the owners of the Leesburg Plaza Shopping Center, addressed the
Council regarding the proposed legislation. His concerns were with the "purpose and intent" paragraph
N of the legislation. The owners of the Leesburg Plaza are in favor of the concept but the methodology
w is difficult to grasp. The owners, recently, engaged the services of an architect to redesign the plaza
CO center, so it could be brought up to date with today's standards. The section of the ordinance that
deals with "required contents of the application", is appropriate for a shopping center, but Council
Q should consider the cost impact that this would have on smaller businesses. He is also concerned with
the time involved in the review process. The design criteria is very vague and subjective.
Tunis Campbell, 803 South Bing Street, stated that he is opposed to the ordinance.
Jack Manton representing the Beverly Road Fort Evans Associates, addressed the Council
stating that they own approximately 50 acres located at the northeast corner of Edwards Ferry Road
' and Route 15 bypass. They also own 28 acres at the southeast corner of Edwards Ferry Road and the
bypass. They appreciate that Leesburg is a town of considerable historical significance and that the
town has an interest in protecting its historic areas and landmarks, however, the proposed legislation
poses many practical and legal problems. It is unconstitutionally over inclusive, it subjects all of the
properties bordering major roads around Leesburg to the historical district controls. It is not reasonably
related to the substantial interest of the town. It recites only a general statement that the Council
recognizes the importance of Leesburg s arterial entrances to the towns historic district and lan
There is no mention of any study dmarks.
or survey of the area, which should have been done, to determine
which properties are of historical significance. They suggest that the legislation be parred down to
include only those properties which truly effect the historic district.
Dave Bowers representing the NVBIA, asked that the NVBIA be kept informed of how the
proposed legislation is progressing, relative to the standards. Mayor Sevila asked that if the NVBIA
has experience with neighboring jurisdictions, and would like to share with the town's legal counsel and
staff, it would be welcome.
Mayor Sevila stated that he had received a letter written by Tom Nalls of Hazel, Thomas, Fiske,
Beckhorn & Hanes dated November 7, 1988. The letter is in regards to the proposed H-2 Historic
corridor architectural control district and Stratford in Leesburg (#ZM-95) Stower's tract. Mayor Sevila
then read the letter. He also recieved another letter written by Martha Brown of NVLand regarding
the H-2 Historic corridor architectural control district. Both letters are made part of the record
Mayor Sevila read into the record a letter written by a Boy Scout - Doug Harrison.
Dear Mayor Sevila,
' I agree thoroughly with the July 28 Loudoun Times-Mirror article "Leesburg may seek controls
over new town architecture" and I support the councilmembers in seeking control over new town
architecture. I feel this way because some of the new businesses and shopping centers and some of the
Leesburg arterial roadways are becoming gaudy and don't fit Leesburg's architectural style and
character. By a concerned Boy Scout- Doug Harrison.
The public hearing was closed. On motion of Mr. Tolbert, seconded by Mr. Clem, this item was
referred to the Plann n and Zoning Committee meeting for further discussion and consideration.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
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Minutes of November 8, 1988
Nay- None
PUBLIC HEARING - REZONING APPLICATION #ZM-104 BY AMURCON LEESBURG
Peter Stephenson gave a brief staff report. He stated that Mr. Marc Weiss has applied on
behalf of Amurcon Leesburg Corporation, to rezone 37 acres of land from PDH30 to PDH30 modified.
To establish building setbacks and landscape buffers of 50 feet along the eastern and western property
lines. The property is located east of the Leesburg bypass between Fort Evans Road extended and
Route 7 east. On September 15, the Planning Commission recommended approval of this application I conditioned upon the written agreement of Mr. West, Director of Development for Amurcon, and
pending the future Battlefield Parkway Alignment.
Marc We a planning consultant, representing Amurcon Corporation of Virginia The applicant
is asking for a modification of one specific provision of the County ordinance as applied to this property,
which is permitted under the County Zoning Ordinance. The property was zoned PDH30, ten years
ago, while under the jurisdiction of Loudoun County. Amurcon has worked for over two years with
town staff, the Planing Commission and Council to improve certain design aspects of this project. The
project could be developed without the modifications, but the developer and staff agrees, that the
resulting development would be much less desireable.
The public hearing was closed On motion of Mr. Kimball, seconded by Mr. Tolbert, this item
was referred to the Planning and Zoning Committee for further discussion and consideration.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Councilmember Comments
Mr. Mulokev commended Mr. Lovin for his fine work on the Halloween Parade. He thoroughly
enjoyed the parade.
Mr. Mulokey attended his first Council Listening Session on Saturday and found it to be very '
educational.
A number of citizens have talked to Mr. Mulokey regarding the efforts of the town to find a
site for the YMCA, in Loudoun County. He personally supports efforts of the YMCA to site themselves
in Leesburg. He asked what the Council could do to help the YMCA locate in Leesburg.
Another issue that has been brought to Mr. Mulokey's attention, is the Route 7/641
intersection. This intersection is badly in need of a traffic light. The state has consented to contract
for a light at this intersection, sometime next year. He asked if there is something the Council could
do to encourage the state to install a temporary light, as soon as possible. Mayor Sevila stated that it
would be appropriate for the Council to send a letter to the County and VDOT, encouraging prompt
action.
Mr. Lovin thanked the citizens of Leesburg, Town Council and Mayor for taking part in the
Halloween Parade. This was the largest parade that the Kiwanis Club has ever had
Mr. Clem attended, along with Mr. Tolbert the 25th anniversary program at the FAA center.
Mr. Clem asked Mr. Minor to thank the Police Department for doing a fine job at Loudoun House the
other evening. The fire department responded to a call at Loudoun House and the police officers did
a great job directing traffic and keeping pedestrians out of the firemen's way.
Mr. Kimball visited the Northern Virginia District Planning Commic¢ion, and heard a
presentation by Harry Gregorie, with the Virginia Department of Waste Management. He spoke of
integrated waste management.
At the October 8 Listening Session a resident of Washington Street, requested a street light on
Washington Street at the entrance to the Cavalier Arms Condominiums. The light was installed on
October 11 and Mr. Kimball wished to thank Mr. Minor for his quick actions in getting this light
installed Mr. Minor stated thanks should also go to Virginia Power.
Mrs. Forester thanked Mr. Lavin for the Halloween Parade.
Mr. Tolbert stated that he attended the FAA center's 25th anniversary program and accepted
an award on behalf of the Town of Leesburg, for 25 years of community support.
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Minutes of November 8, 1988
Mayor's Report
Mayor Sevila joins the councilmembers in commending Mr. Lovin for the outstanding job that
he did for the Halloween Parade.
The mayor has received several calls from persons that work in the town, that get off work
during the early morning hours. They asked if there could be installed a flashing light system, during
these early morning hours. He asked Mr. Minor to prepare a report on the possibility.
' Manager's Report
Mr. Minor noted that the Council did receive a written copy of the Activity Report, on Monday.
Legislatio
On motion of Mr. Tolbert, seconded by Mr. Lovin, the following two ordinances were proposed
and unanimously adopted.
WHEREAS, the cost of administering and reviewing, sign permits, rezoning applications, BZA
N applications, zoning permits and certificates, as well as BAR applications exceeds the fees received for
W these services; and
m WHEREAS, a report was prepared, dated July 15, 1988, which justifies an increase in these
Q fees; and
WHEREAS, Section 15.1-4910 of the 1950 Code of Virginia, as amended, provides authority
for towns to collect fees incident to the administration of a zoning ordinance; and
WHEREAS, the required public hearing was held; and
' WHEREAS, the P Commies; proposed fee changes with the
Planning on recommended the ro
exception of a reduction to $100 for appeals to the BZA; and
WHEREAS, this change has been incorporated into this legislation; and
WHEREAS, revisions of these fees will promote the public health, safety and welfare:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 8A -25(b) of the Leesburg Zoning Ordinance is hereby amended to read
as follows:
(b) Filing of Application; Fees. Applications for sign permits
shall be filed on a form provided by the Zoning Administrator by the
applicant or his agent with the Zoning Administrator, shall contain
information required herein, and shall be accompanied by a fee,
of $25.00 for signs less than six square feet $35.00 for signs
more than six square feet and $35.00 for a temporary sign permit of
any s iz a as ¢o.t-ab•1•behed- {-roar { { } -by. -r RK -Jon- r.€ tiiR FOBS!
eeaneil.
SECTION II. Section 3B -4(e) of the Leesburg Zoning Ordinance is hereby
amended to read ao fol.louo:
Historic District Zoning Permits must be made on forms provided by the
Zoning Administrator and must be accompanied by a filing fee of
$20.00 as aars�.�by_r•a^1,,.{ p�.)we rairar Complete
applications must be submitted at least 14 days before the scheduled
monthly meeting at which applications request consideration.
SECTION III. Section 9-3 of the Leesburg Zoning Ordinance is hereby
amended to read as follows:
1132
Minutes of November 8, 1988
9-3 FEES.
Fees and charges to be paid to the town for application for zoning
permits shall be as follows:
(a) For single- or multi -family dwellings to be newly erected,
altered, reconstructed, enlarged or relocated, the fee
for filing the application for a zoning permit shall be
11757-00- $25.00 per dwelling unit.
(b) For newly erected, altered, reconstructed, enlarged or
relocated non-residential uses, the fee for filing the
application fora zoning permit shall be * *{}{N} $50.00.
(c) For newly erected, altered, reconstructed, enlarged or
relocated accessory buildings, the fee for filing the
application for a zoning permit shall be 4-4500-$10.00.
(Sections 9-3-1, 9-3-2 and 9-3-3 are reserved).
SECTION IV. Section 9-2-4 of the Leesburg Zoning Ordinance is hereby
amended to read as follows:
9-2-4 A zoning certificate shall be secured from the Zoning
Administrator prior to the reoccupation or reuse of any lot,
building or structure in previous established use when such
reoccupation or reuse is of a different character or type
than that of the previous established use. The zoning
certificate shall state that the extent and kind of use
proposed to be made of the lot building or structure conforms
to the provisions of this Ordinance and be accompanied by
an application fee of $10.0o.
SECTION V. Section 10-5(d) of the Leesburg Zoning Ordinance is hereby '
amended to read as follows:
(d) AEplicaelons and Appeal Procedure
An application to the Board for a variance, or interpretation of
the Zoning District Map, or any other case in which the Board has
original jurisdiction under the provisions of this Ordinance, may
be made by any property owner, tenant, governmental officer,
department, board or bureau. Such application shall be filed In
triplicate with the Zoning Administrator, who shall transmit a
copy thereof, together with all the plans, specifications and
other papers pertaining to the application, to the Chairman of the
Board. Each such application shall be accompanied by a filing fee
41 44-M to. 4&fra;c tile_ ^ ^ e * caL �r--�" + � aald_ Applic-ationr mh"
amai be- -Pstd to tUla Zt-ns to.r- cf niz'-'wrria in the
following amounts:
$100.00 - Appeals
$350.00 - Variances
$250.00 - Special Exceptions
3100.00 - Conditionally permitted uses
$250.00 - Temporary Usee
All applications for a variance or special excentinn_ shall
iucivae a disciosure statement, signed by the applicant and
notarized, of the equitable ownership of the real estate affected,
which shall list the names and addresses of all of the real
parties in interest, including all applicants, title owners,
contract purchasers, and lessees of the land described in the
application, all partners, both general and limited, in any
partnership, and, if any of the foregoing is a trustee, each
beneficiary having an interest in such land, and in the case of
corporate ownership the names of stockholders, officers and
directors; provided, however, that the corporate requirement shall
not apply to a corporation whose stock is traded on a national or
local stock exchange and having more than five hundred
shareholders. The applicant shall keep this information current
at all times during the processing of the application.
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Minutes of November 8, 1988 '
I. Authorltq to Apply. An appeal to the Board may be taken by
any person aggrieved by, or any officer, department, board or
bureau of the Town of Leesburg affected by any decision of
the Zoning Administrator relative to the administration of
this Ordinance. Such appeal shall be taken within thirty
(30) days from the date of the decision complained of, by
filing with the Zoning Administrator and with the Board a
notice of appeal stating the grounds thereof. A notice of
appeal in triplicate shall be accompanied by a filing fee Zrf
'"'00 to defray the cost of processing said appeal, which
' amount shall be paid to the Director of Finance. The Zoning
Administrator shall forthwith transmit to the Board all
papers constituting the record upon which the action appealed
from was taken.
2. Action by Board. If the Board decides that there was an
error in the order, requirement, decision or determination of
the zoning enforcement officer as specified in the notice of
appeal, the Director of Finance shall return the
aforementioned fee to the appellant and no fee shall be
charged for the appeal.
If, however, the Board's decision is to uphold the order,
N requirement, decision or determination of the zoning
W enforcement officer, the Director of Finance shall retain the
m filing fee in the treasury.
Q SECTION VI. An amendment to Section 11-2 of the Leesburg Zoning
Ordinance is hereby initiated, said amendment to read as follows:
11-2 INITIATION OF AMENDMENTS: Amendments of the Zoning Ordinance
shall be initiated only in the following manner:
a. Amendments to the text of the Ordinance and/or changes in the
' zoning boundaries or classification of properties shown on
the Zoning Map may be initiated by the Council or the
Planning Commission in accordance with the provisions of Sec.
15.1-493, 1950 Code of Virginia, as amended.
b. Amendments to the zoning boundaries or classification of
property shown on the Zoning Map may be initiated by property
owners of the land proposed to be rezoned, by the filing with
the Council of a Zoning Map amendment petition addressed to
the Council, which petition shall be on a standard form
approved by the Planning Commission and provided by the
Zoning Administrator, and accompanied by a fee of #3.30•,-
71vs- +20--per-atrm, $1600 for the first 20 acres plus $40.00
per each acre thereafter and other material and data
required in said form.
Zoning Map Amendment Applications shall include a disclosure
statement, signed by the applicant and notarized, of the
equitable ownership of the real estate affected, which shall
list the names and addresses of all of the real parties in
interest, including all applicants, title owners, contract
purchasers, ar.d lesseas of the land described in the
application, all, pattun_rs, both general and limited, in any
par.tnetshi.p, and; if any of the foregoing is a trustee, each
' benefiri.ary havinn an jrp^ ee 4. -t 1_�. _" In the Case
of corporate ownership the names of stockholders, officers
and directors, provided, however, that the corporate
requirement shall not apply to a corporation whose stock is
traded on a national or local stock exchange and having more
than five hundred shareholders. The applicant shall keep
this information current at all times during the processing
of the application.
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Minutes of November 8, 1988
SECTION VII. All ordinances and resolutions in conflict herewith are repealed.
SECTION VIII. This ordinance shall be in full force and effect from and after its passage.
WHEREAS, the cost of planning and engineering staff review of subdivisions and site plans, as
well as the inspection of the public facilities constructed in new developments, exceeded the revenue
received form application fees in FY 88; and
WHEREAS, the approved budget for FY 89 anticipates an increase in these revenues, in part
due to anticipated fee increases; and
WHEREAS, a report was prepared dated July 15, 1988, which compares Leesburg's fees to
those imposed in area ,jurisdictions and analyzes the town's cost for performing various review and
inspection services associated with the subdivision and development of land; and
WHEREAS, Section 15.1-466(i) of the 1950 Code of Virginia, as amended, provides authority
for towns to institute fees for the review of plats and plans; and
WHEREAS, the required public hearing was held; and
WHEREAS, the Planning Commission recommended the proposed fee changes; and
WHEREAS, revisions in these fees will promote the public health, safety and welfare:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 13-54 of the Subdivision and Land Development Regulations is hereby
amended to read as follows:
See. 13-54. Fees.
Fees and charges to be paid to the town for the review of plats and plans, for the inspection
of facilities required to be installed by this Article and for variances shall be as follows:
(a) For preliminary subdivision plats of 10 lots or less the fee
shall be $300.00 plus $20.00 per lot or division of land.
For preliminary subdivision plats of 11 lots or more, the fee
shall be $500.00 plus $5.00 per lot.
(b) For final plats the fee shall be $50.00 plus 32:39 $3.00
per lot or division of land plus the amount extended from the
quantity of public improvements at the following rates:
Type of Public Improvement
Storm sever
Watermain
Curb b Gutter
Sidewalk
Sanitary Sever
Streets
Overlot Grading
Other major utility
facilities
Unit Rate
40:46 $3.50 per linear foot
fO-.f)3 $1.35 per linear foot
4O:3i $0.60 per linear foot
10% -H $1.35 per linear foot
40:-79 31.35 per linear foot
+D-- 64 51.20 per linear foot
4*9:130 $90.00 each lot
1% of construction cost
(c) For preliminary development plane the fee shall be $500.00
nt,!o tin nn
(d) For final development plans the fee shall be 4.2"Q0.
$500.00
.2"30-
3500.00 plus 43:00-35.00 per acre plus the amount
extended from the quantity of public improvements at the
following rates:
1
1
N
W
m
Q
1
D
Minutes of November 8, 1988
Type of Public Improvement
Storm sewer
Watermain
Curb 6 Gutter
Sidewalk
Sanitary Sewer
Streets
Overlot Grading
Other maior utility
facils
Unit Rate
40•.4*6;3.50 per linear foot
40:63 ;1.35 per linear foot
40•.3i-;0.60 per linear foot
-$0•.61-;1.35 per linear foot
40•.';,A•;1.35 per linear foot
40•.61-;1.20 per linear foot
4'4r&•� ;90.00 each lot
11.0f construction cost
(e) For combined preliminary/final development plans, which have
been specifically authorized by the Land Development
Official, the fee shall be Y600-;800 plus ;10 per acre,
plus the amount extended from the quantity of public
improvements at the following rates:
TX2e of Public Improvements
Storm sewer
Watermain
Curb b Gutter
Sidewalk
Sanitary Sewer
Streets
Overlot Grading
Other major utility
facilities
Unit Rate
$0746 ;3.50 per linear foot
;0:63 ;1.35 per linear foot
40:31 ;0.60 per linear foot
se -.3i ;0.60 per linear foot
40:98 ;1.35 per linear foot
40:61 ;1.35 per linear foot
448.50 ;90.00 each lot
1% of construction cost
(f) For minor modifications to approved final development plans
or construction drawings, when authorized by the Director of
Engineering, the fees hall be ;100 per sheet requiring a
change. Such modifications shall be for the relocation of
utilities, landscaping or similar minor modifications. Minor
modifications shall not be deemed applicable to the
relocation or enlargement of any buildings shown on the final
development plan, which shall require the submission of a new
application.
1'or-reiaepectioas-of-improy¢IDeat¢-which_uPo4a..original
iaepectioa_ were- fogad-to-be-fenity_or. SacomPJete,_the_fee
paid-by_the-eabdivider-QC- developer -shall- be- a- Gum- equal- to
two- times-the-taspector'a-regwl¢r-comP¢a¢atioa.,_for_ the_ time
required -for- the- r¢iaep¢ctibut- not_leee_tbea SS_00.
{hj for- finn-l-inspettiens-requested-by-sabdividets-nod-deveiepers
foz-re-lease-of performance
Or-bondu-,-there-she-11
be- no-fee-uniess- the- B4rntyr- of- £agineering-fendn_thet-the
'-9Pzevements- nze- not- Prepared- and- ready- far fiaei- inapeetien
in- mhict�- vane .-the- far sbnii- br a- sum egani to- tve- times- the
zegniar cvmpeasatioa- for t}fe- tow-*- empioyeej s- timr -
for inspecting above what- *soiree
voaid- }ravr been required- }sed= the
-lmprosements-been-Prt-pared-and-resdr for- fines-imepertlei! but
not- -less- tfrarr j-25-. 0A
ft) For app4ltationn-fo:-vf,rlavccs fi3ed-ander Section i3 -9i; the
fee-she}.l-bc C1O OP. •r
(A)For revise of public itiprovements nc
of a SUbdivlp,inn
shall b"e 1Z of the constructions cos
SEC 1ON H. All ordinances and resolutions in conflict herewith are repealed.
i
SECTION III. This ordinance shall be in full force and effect from and after its passage.
Mr. Minor stated that this legislation amends the town's land development fees to correspond
with the town's cost for review and inspection This will increase the fees and will result in
significantly more revenue to the town. Both items have been the subject of public hearings.
Aye: Councilmembers Clen36 Forester, Kimball, Lavin, Mulokey, Tolbert and Mayor Sevila
Nay: None
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On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following ordinance was proposed and
unanimously adopted.
8&0-39 - ORDINANCE - AVF..Atnrni(1- mur
WHEREAS, Geoffrey Huguely applied on behalf of High Point Associates on October 16, 1987,
for a Leesburg Zoning District Map Amendment to rezone 38.37 acres of land, located on the east side
of Sycolin Road (Route 654) to the north, from County R-1, Single Family Residential and County A-
3, Agricultural -Residential to Town M-1, Industrial District; and
WHEREAS, Rezoning Application #ZM-98 by High Point Associates, was received and referred
by the Town Council to the Planning Commission for review and recommendation on November 11,
1987; and
WHEREAS, the Planning Commission held a public hearing on this application on February
4, 1988; and
WHEREAS, the applicant, on March 17, 1988 revised the application in the following manner:
1) Modify the request to rezone said property from County R-1, Single-family Residential and County
A-3, Agricultural -Residential to Town PEC, Planned Employment Center, instead of the previously
requested Town M-1, Industrial District; 2) Request Concept Plan and Preliminary Development Plan
approval; 3) Request Special Use Permit approval to define the type of uses anticipated as permitted
uses under the Planned Employment Center Zone; and
WHEREAS, the Planning Commission held a public hearing on the revised application on April
21, 1988; and
WHEREAS, the Planning Commission recommended approval of this application, subject to draft
proffers and additional conditions on June 16, 1988; and
WHEREAS, the Town Council held a public hearing on this application on August 9, 1988; and
WHEREAS, the applicant has revised the application and proffer statement to reduce the
potential adverse impacts of the project on the community by contributing a greater amount to town
public facilities, while not increasing the intensity of the proposed uses; and
WHEREAS, this application was referred to Loudoun County in accordance with the November
1982 Annexation Agreement between the town and county-, and
WHEREAS, this rezoning is in conformance with the Town Plan and is in the best interest of
the public health, welfare, convenience and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Conceptr?own Plan Amendment and Rezoning Application #2M-98/Rezoning
Plan for the High Point Associates is hereby approved and the Leesburg Zoning Ordinance is amended
to revise the Zoning District Map to change a 38.37 -acre parcel of land from County R-1 and A-3 to
Planned Employment Center (PEC) and located generally at the intersection of Route 654 and 643, and
bounded on the north by Lawson Road (Route 654), on the east by land of Loudoun County School
Board and Tavistock Farms, on the south by land of Virginia Power and on the west by Sycolin Road
(Route 643) as indicated on the rezoning plat dated September 7, 1988, and last revised November 4,
1988, and prepared by Beckham W. Dickerson, Jr., subject, however, to the following conditions
proffered in writing by the applicant and property owner in accordance with Section 15.1-491(a) of the
1950 Code of Virginia, as amended
1. When the Town adopts an ordinance which authorizes approval by the
Town of rezoning of the property to the PEC category;. approval by the
Town of Applicants Preliminary Development/Reznni.ng-Plan
nereL0 as nxnibit "A"; approval by the Town of the permitted uses
described herein; approval by the Town of the secondary uses described
herein; and approval by the Town pursuant to Section 713-17(d) of the
Town's Planned Development Regulations of a special use permit for
the uses described herein, Applicant agrees as follows:
a. To restrict permitted uses on the property to all of the
permitted uses stated in Section 711-17(b) of the Planned District
Regulations adopted by the Town as of the date of approval of
ZMAP 098, except hotels, motels and convention center uses;
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b. To restrict secondary uses on the property to all of the
secondary uses stated in Section 7B -17(c) of the Planned District
Regulations adopted by the Town as of the date of approval of
Z!lAP #98, except automobile service stations, freestanding
fast-food restaurants, free-standing convenience retail food
stores, and more than one non free-standing convenience retail
food store;
C. To restrict special uses on the property to the following
section uses:
(i) Research and development activities, including related
educational and/or repair activities, and/or maintenance of
goods or equipment used on site or sold to others (the term
"research and development activities" as used in these
proffers shall be defined as offices which may include
facilities for laboratories and product development,
testing, fabrication and assembly); and
(ii) Warehousing and marketing/sales display areas so long as:
(A) the aggregate area utilized by warehousing and market-
ing/sales display areas does not exceed forty-nine
N percent (49%) of the gross floor area of an individual
W permitted business; and
Q(B) no warehousing activities occur on areas 1 or 6 shown
on Exhibit "A"; and
d. To restrict all uses on the property to those which will not
constitute an off-site nuisance under applicable laws and
ordinances and will not threaten public health or safety.
�• As the property is developed, Applicant shall construct the on-site
streets, acceleration and deceleration lanes, and necessary turning
lanes designated on Exhibit "A". On-site street improvements which
are to be offered for dedication to the public shall be constructed
and dedicated in fee simple free of liens or other encumbrances in
accordance with the Town and Virginia Department of Transportation
("VDOT") standards, in a form approvable by the Town Attorney. For
the purposes of these proffers "on-site" streets are defined as
roadways and related improvements which are constructed on the
property or which provide immediate access to or from the property,
such as turn lanes and acceleration or deceleration lanes. Dedication
of such street improvements will occur at record subdivision plat
approval of the various sections of the property.
3. Development of the property shall be in substantial conformity with
the Preliminary Development/Rezoning Plan and development standards
attached hereto as Exhibit "A", which shall control the density,
general layout, and general configuration of the property, with
reasonable allowance, to be made for engineering and design alteration
to meet adopted Town Zoning, Subdivision and Land Development
ordinances.
4. The architectural design, character, and quality.of materials for all
buildings constructed on the property, shall be in general conformity
with Exhibit "B" which is incorporated herein by reference. Con-
currently with any application for site plan approval, applicant will
11, conceptual elevation drawings which
will generally conform to the architectural design, character and
quality of materials of the buildings depicted on Exhibit "B". In
the event such conceptual elevation drawings are not reviewed and
approved by the Town within thirty (30) days from submission to the
Town by Applicant of drawings which respond to the Town's initial
comments, the drawings will be deemed to be approved by the Town.
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Minutes of November 8, 1988
5. Applicant agrees that access to and egress from the property on Route
654 shall be via right -in right -out turning movements unless Appli-
cant, or its successors, and the Loudoun County School Board are able
to relocate the internal road extending on the Property from Route
654 to Route 643 to align with the entrance of the Beauregard Estates
Subdivision as is shown on Exhibits "C-1" and 11C-2" attached hereto.
In the event that such alignment is affected, access to and egress
from the Property may be effected via right and left turning movements
to and from Route 654 as shown on Exhibits C-1 and C-2. In such
event, the Preliminary Development/Rezoning Plan and development
standards attached hereto as Exhibit C-1 shall control the overall
density, general layout, and general configuration of the property in
lieu of Exhibit A, and the architectural design, character and
quality of materials for all buildings constructed on the property
shall be in general conformity with Exhibit C-2, in lieu of Exhibit
B. In such event, all references in these proffers to Exhibit A
shall then be references to Exhibit C-1 and all references to Exhibit
B shall then be references to Exhibit C-2, but all other terms and
conditions of these proffers shall not be amended.
6. The property may be developed with no more than 525,000 gross square
feet of building construction, which may be broken down by the
approximate areas identified on Exhibit "A". In the event building
construction on an area does not utilize all of the permitted and
secondary uses which may be constructed in an area, any excess
building capacity and permitted or secondary uses may be averaged on
to another area of the propertv so long as the total development of
the property does not exceed 525,000 gross square feet and any excess
building capacity is not averaged onto Areas 1 or 6 of the property
as shown on Exhibit A or onto Area 5 of the property as shown on
Exhibit C-1.
7. If a traffic signal for the intersection of Route 643 with the
Leesburg Bypass is approved and constructed by the Town or VDOT,
Applicant, or its successors, will contribute to the Town ten percent
(10%) of the cost of a traffic signal for that intersection when
requested by the Town. If a traffic signal for the intersection of
Routes 643 and 654 is approved and constructed by the Town or VDOT,
Applicant, or its successors, will contribute to the Town ten percent
(10%) of the cost of the traffic signal for that intersection, when
requested by the Town.
8. Applicant, or its successors, will dedicate in fee simple, free from
liens or other encumbrances, the necessary right-of-way for three of
the ultimate six lanes of Route 654 and will construct two lanes of
the ultimate six lane configuration of Route 654, and will construct
and dedicate in fee simple, free from liens or other encumbrances, the
necessary right-of-way for two lanes of the ultimate four lane
configuration of Route 643 on the perimeter of its property or on
existing right-of-way, in accordance with Town standards, all of which
is shown on Exhibit A (hereinafter collectively referred to as the _
"Frontage Improvements"). The frontage improvements for Route 654
shall be bonded and constructed as part of the public improvements
for Area 1 or Area 2 under the plan shown on Exhibit A or for Area 1
under the plan shown on Exhibit C-1. Applicant will also reserve
space adjacent to the northern edge of the two proffered lanes of
Route 654 for future construction of a third eastbound traffic lane,
but Applicant shall not be obliged to pay for or construct any such
9• For a period of time which shall not exceed eight (8) years from the
date of approval of ZMAP #98, Applicant and its successors agree that
in an effort to mitigate traffic impacts on the present intersection
of Route 643 and the Leesburg Bypass, no more than fifty percent
(50%) of the gross square footage of total development authorized for
construction on the property (e.g. 50Z of 525,000 gross square feet)
shall be constructed prior -to completion of construction of the
frontage improvements depicted on Exhibit A and more clearly described
in proffer number eight (8), and the availability of improved access
for the property to Route 7 or the Leesburg Bypass other than Route
643 as it is presently constructed.
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Minutes of November 8, 1988
10. Prior to issuance of zoning permits by the Town, Applicant, or its
successors, will make a cash contribution to the Town's regional
transportation fund in the amount of Forty Cents ($0.40) per gross
square foot of permitted or secondary uses constructed on the pro-
perty. Until issuance of zoning permits, the amount of such contri-
butions shall increase or decrease at the same rate as the Con-
struction Cost Index published in the Engineering News Record with
the base line index being that which is published in the month of
approval -of ZMAP #98.
11. Immediately prior to obtaining zoning permits for individual buildings
constructed on the Property, Applicant, or its successor, will pay to
the Town, as a donation to the volunteer fire and rescue facilities
providing service to the property, ten cents ($0.10) per gross square
foot of each building actually constructed on the property. Notwith-
standing the foregoing, no payments under this paragraph eleven
shall be required for any buildings or portions of buildings proposed
to be used for recreational, day-care, religious, fire and rescue,
library, postal, governmental or similar uses.
SECTION II. A Special Use Permit is approved for research and development activities and
warehousing and marketing/sales display areas to be located on the property rezoned subject to the
restrictions contained in proffer 1 (c) above, and in accordance with the balance of the proffers approved
N for this project. The development of these uses shall meet all applicable Leesburg Zoning and Land
W Development regulations.
QSECTION III. This ordinance shall be in effect upon its passage.
Mr. Minor stated that this proposed legislation would approve the Nigh Point rezoning and
noted that the town is in receipt of the revised, signed proffers that conform and reflect to the town's
zoning ordinance.
Mr. Clem stated that this rezoning does conform to the Town Plan and he will support, but he
did not receive the revised information on this rezoning, until the Friday before the Council meeting.
t In the future, if he does not receive the revised information earlier, in order to review it thoroughly,
he will make a motion to refer the application back to committee. Mr. Minor agreed with Mr. Clem
further stating that staff and the applicant negotiated up until the eleventh hour. Staff recognizes that
it puts Council in a difficult position, not having the time to reflect on these issues. Mr. Clem stated
that staff did a good job in negotiating. Mayor Sevila concurs with Mr. Clem. The mayor suggests,
that when negotiations of this kind occur up until the eleventh hour, perhaps they should be deferred
until the next Council meeting.
Mr. Tom Nalls stated that this is not the largest rezoning that Council has dealt with, but has
probably received more intent scrutiny than any other rezoning.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Mulokey, seconded by Mr. Kimball, the following resolution was proposed and
unanimously adopted.
and WHEREAS, Alvin Dodson resigned from the Leesburg Cable Television Advisory Commission;
WHEREAS, Section 5.1-61 of the Code of Ordinances calls for the Mayor to appoint three
-`----- •-" "• •�� ��• - _:•�++ v.�ui sue l unseut om the 'Town Gounci4 and .
WHEREAS, Mr. Dodson had been appointed by the Town Council; and
WHEREAS, Ms. Karen Jones has indicated an interest to serve the town in this capacity:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Ms. Karen Jones is hereby appointed to serve for the balance of Mr. Dodson's term on the
Leesburg Cable Television Advisory Committee.
Mr. Mulokev stated that Mrs. Jones indicated her desire to serve on the Cable Commission
through a letter addressed to the Mayor and himself.
Aye: Councilmembers Clem, Forester, Kimball, Lovm, Mulokey, Tolbert and Mayor Sevila
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Minutes of November 8, 1988
Nay: None
On motion of Mr. Clem, seconded by Mr. Tolbert, the following resolutions were proposed as
consent items and unnnimougjy adopted.
WHEREAS, Sec. 15.1-454 of the 1950 Code of Virginia, as amended, provides for the periodic
review of adopted comprehensive plans; and
WHEREAS, Sec. 15.1-453 of the 1950 Code of Virginia, as amended, requires that amendments
to the comprehensive plan be reviewed by the local Planning Commission and advertised pursuant to
Sec. 15.1-431 of the 1950 Code of Virginia, as amended; and
WHEREAS, a revision to the Comprehensive Plan for the Town of Leesburg was adopted on
March 26, 1986; and
WHEREAS, a Planning workshop, composed of the Town Council and the Planning Commission
evaluated the plan's effectiveness in achieving the town's goals in January, 1988; and
WHEREAS, the Planning Commission forwarded amendments to the Council and recommended
revised comprehensive plan amendments for adoption on August 18, 1988; and
WHEREAS, this Council held a public hearing on October 25, 1988; and
WHEREAS, this Council has met and considered additional comments from residents,
landowners and developers; and
WHEREAS, a revised plan for the town is essential to the careful coordination of future
development and the provision of public services to its citizens; and
WHEREAS, the plan amendments adopted herein are consistent with policies found in the
Annexation Area Development Policies adopted pursuant to the agreement between the Town of
Leesburg and the Loudoun County Board of Supervisors:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The amendments to the 1986 Leesburg Comprehensive Plan, as published in the Town Plan
public hearing draft dated October 25, 1988, as amended by Council revisions transmitted to the Council
dated November 4, 1988 and subject to appropriate typographical and technical revisions and supporting
graphics, are adopted as the revised comprehensive plan for the Town of Leesburg.
Mr. Clem questioned page 5, of the proposed Town Plan, the paragraph changing the text to
Policy #5.17: He asked for clarification of this revised text and requests further discussion on this item.
Mayor Sevila stated that what this revision is stating is that there is a need for balancineo safety and
protection on the cul-de-sacd streets.
Another concerned raised by Mr. Clem is on page 2, number 9 of the Planning Commission
Town Plan update. He questioned the Exeter Ballfields and asked if all of the 10 acres would be
ballfields. Mr. Minor stated yes, that there would be two ballfields on this 10 acres.
WHEREAS, action by the General Assembly is required for the town td perform certain
governmental services; and
WHEREAS, the town supports the 1989 Legislative Pr
by the Vagina Municipal League; and Programs and Policy Statements adopted
WHEREAS, the town particularly emphasizes tree preservation, early entry on to condemned
property, open space conservation, city transition and town annexation rights and the Virginia Housing
Partnership Fund as actions for the General Assembly that will particularly benefit the citizens of
Leesburg.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Council respectively requests the General Assembly to adopt the 1989 Legislative
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Program and Policy Statement of Virginia Municipal League and the attached town Legislative Policy
Statement.
WHEREAS, the growth of Loudoun County's government has out paced its ability to efficiently
house the necessary personnel to manage and provide services to one of the fastest growing populations
in Northern Virginia; and
WHEREAS, in response to this need, the County of Loudoun has issued a Request for Proposals
to the Metropolitan Washington development community to make available land and buildings to create
a new consolidated county government administrative complex; and
WHEREAS, the Town of Leesburg has been the county seat and government center for
Loudoun County for over 200 years; and
WHEREAS, a Leesburg area location for the county government complex will facilitate the
necessary linkage between the administrative elements of the county government and its courts complex;
and
WHEREAS, the location of the county administrative complex in or near Leesburg reinforces
and strengthens Leesburg's historic relationship with Loudoun County as its largest town and seat of
government; and
WHEREAS, locating the new consolidated county administration complex outside the Leesburg
area will adversely affect Leesburg's economic development opportunities and will impair the retention
and growth of support services including legal, real estate, land development and other professional
services; and
WHEREAS, the Annexation Area Development Policies, Town Plan and Town Council Goals
for 1989 all encourage retention of the county seat and administrative offices within the Town of
Leesburg, and
WHEREAS, significant zoned lands are available in Leesburg to accommodate the county's office
needs; and
WHEREAS, Leesburg's central location enhances the access and convenience of county citizens
to county government services; and
WHEREAS, this Council wishes to publicly express its interest in retaining the county
administrative offices within the Town of Leesburg:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. This Council supports the location of a new consolidated county administrative
complex within the Town of Leesburg or its immediate environs west of Goose Creek.
SECTION II. This Council, town manager and staff pledge to work with the county to expedite
the land development approval process and to take such other reasonable steps necessary to facilitate
any successful proposal to develop a consolidated county administrative complex within the Town of
Leesburg.
WHEREAS, the J eeab,, o Tow r .. t ..� In, _a -
Reston, Va., which included in part, the design development, construction drawings and construction
assistance for the construction of 38,350 square foot recreation center to � include an aquatic
center/gymnasium complex, parking facility and access road; and
WfFREAS, the original construction budget for these facilities was $3,750,000; and
WHEREAS, on August 26, 1987, the Council authorized a change in scope by incorporating
schematic water surface design DA and the modified recreation center schematic design B.2, which
resulted in an increase in the construction budget to approximately $4,748,900; and
WHEREAS, these changes resulted in substantive qualitative improvements to the facility to
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Minutes of November 8, 1988
increase recreational opportunities, improve handicap access and accommodate one meter diving; and
WHEREAS, bids were solicited and opened, all in accordance with the Virginia and Leesburg
Procurement Regulations on October 31, 1988; and
WHEREAS, the low bid was offered by Becon Construction Company of Leesburg, Va., in the
amount of $5,292,000, inclusive of change orders #2 through 5; and
WHEREAS, acceptance of these bids alternates will enhance the architectural quality of the
facility and improve service to our citizens; and
WHEREAS, acceptance of alternate #4 will result in construction of a music pavilion adjacent
to the park entrance at a cost of $55,000; and
WHEREAS, future bond proceeds, county contributions totalling $800,000 over two years and
a $182,000 park access grant will provide sufficient funds to meet the additional cost of the project as
authorized herein; and
WHEREAS, the Hughes Group design contract will require an amendment to adjust the
professional fee, as a result of additional design and construction services made necessary by the
expanded scope and based on the amount bid, in accordance with its contract with the town, Article
15.1 thereof, dated May 11, 1987:
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, with the Becon Company of Leesburg, Va., in the amount of $5,292,000 in
accordance with its bid submitted October 31, 1988, and construction drawings and specifications issued
by the Town of Leesburg.
SECTION II. The design development, construction documents, bidding and construction phases
of the contract between the Town of Leesburg and the Hughes Group Architects shall be increased by
$33,728 to reflect increased construction costs pursuant to Article 15.1 of the contract.
SECTION III. An appropriation is made to the Parks Construction Capital Project Fund in the
following amounts until the project is complete:
Account No.
9400-300-060-901 Design/Engineering
9400-700-091.901 Ida Lee Park
$33,728.00
743,100.00
WHEREAS, on May 27, 1987 the Council of the Town of Leesburg in Virginia passed an
Ordinance No. 87-0-18 whereby the Town demised, leased and let unto Janelle Aviation, Inc., certain
property located within the Leesburg Municipal Airport in Leesburg, Virginia (the 'Lease'); and
WHEREAS, Ordinance No. 87-0-18 identified the Lease as beingdated as of May 15, 1987; and
WHEREAS, the Mayor for the Town of Leesburg actually executed a Lease dated August 25,
1987, which was in substantially the same form as presented to the Town Council on May 27, 1987;
and
WHEREAS, the Town Council wishes to ratify the Mayor's execution of the Lease dated August
25, 1987 by and between the Town of Leesh,iro and .Tanonn A.,;„#;..., r.,,.j ea tie; , .I%. T,"..,
approved by Ordinance No. 87-0-18, and otherwise approve, ratify and confirm all actions done or
performed by the Mayor and any other employee or agent of the Town in executing and performing
any of the provisions of said Lease dated August 25, 1987:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town does hereby approve, ratify and confirm all things and actions
heretofore done or performed by the Mayor and any other employee or agent of the Town with respect
to the execution of the Lease dated August 25, 1987, and the performance of all of the Town's
obligations thereunder.
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SECTION II. Ordinance No. 87-0-18 shall be hereby amended to reflect that the Lease dated
August 25, 1987 as executed by the Mayor is the LEase approved by the Town Council pursuant to
Ordinance No. 87-0-18.
SEC'T'ION III. This resolution shall be in effect from and after its passage except to the extent
that it relates back and amends Ordinance No. 87-0-18.
88-219 - RESOLUTION - AUTHORIZING THE GRAN'T'ING AND EXECUTION OF A DEED OF
INGRESS -EGRESS EASEMENT UTIIdTYEASEMENTS AND AGREEMENT BY THE
TOWN OF LEESBURG (HEREINAFTER REFERRED TO AS THE 'TOWN') FOR
THE BENEFIT OF AVIATION ASSOCIATES L.P. ITS SUCCESSORS AND ASSIGNS
(HEREINAFTER REFERRED TO AS "AVIATION") PERTAINING TO CERTAIN
PROPERTY AT THE LEESBURG MUNICIPAL AIRPORT LEESBURG VIRGINIA
WHEREAS, the Town of Leesburg in Virginia and Janelle Aviation, Inc., entered into that
certain Deed of Lease and Operating Agreement dated as of August 25, 1987 (the "Lease'), whereby the
Town leased to Janelle an approximately 2.4 acre parcel, more particularly described on Exhibit A
attached thereto (the "Jet Center"); and
WHEREAS, Janelle has assigned all of its right, title and interest into the Lease to Aviation
pursuant to an Assignment of Lease dated as of October 12, 1988 and as consented to by the Town;
and
WHEREAS, the Town desires to grant certain easements across its property known as the
Leesburg Municipal Airport for the benefit of the Jet Center allowing ingress and egress from Virginia
Route 643 to the Jet Center and construction and maintenance of utilities within certain easements
across the Town's property for the benefit of the Jet Center; and
WHEREAS, there has been presented to this meeting the form of Deed of Ingress -Egress
Easement, Utility Easements and Agreement (the "Easement') for the Town Council's consideration and
approval, a copy of which has been filed with the records of the Council; and
WHEREAS, for good and valuable consideration and in furtherance of the public purposes for
which it was created, the Council proposes to execute, grant and deliver the Easement.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The execution, delivery and performance of the Easement by the Town is hereby
authorized. The Easement shall be in substantially the form submitted to this meeting, with such non -
substantive changes, insertions or omissions as may be approved by the Mayor of the Town, whose
approval thereof shall be conclusively evidenced by the execution of the Easement containing such
change, insertion or omission.
SECTION II. The Mayor is hereby authorized and directed to execute and the Clerk of the
Council shall attest the Easement on behalf of the Town.
SECTION M. This Resolution shall be in effect from and after its passage.
WHEREAS, the 1987 Water Systems Master Plan for the Town of Leesburg as adopted by
Council, October 11, 1988 recommended construction of a 24 -inch waterline along the western boundary
of the Route 15 bypass, from the intersection of Fort Evans Road to the intersection of Sycolin Road
and constructioc of a le-icc_h waterline along Route 773 from the Potomac River Water Treatment
Plant to the Carr Wetcr. f 4torage Tenh, to complete a major loop in the town's water system and to
provide increased pfecsure and fire flows throughout the town; and
WHEREAS, it has been determined by the town's consultant engineer, Camp, Dresser &
McKee, that increasing the line size on the Route 773 waterline from 16 inches to 24 inches, at this
time, would save approximately $250,000.00 in future waterline construction costs; and
WHEREAS, the Town of Leesburg duly advertised and received bids on October 14, 1988 from
eleven prospective contractors to provide construction services in accordance with published bid
documents and pursuant to State and local procurement laws; and
WHEREAS, the apparent lowest bidder, Cas I r Colosimo & Son, Incorporated, was allowed to
withdraw his bid pursuant to Section 8.1-13A of the town's purchasing policy, in that, a clerical error
was made in preparation of said bid; and I '
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Minutes of November 8, 1988
WHEREAS, the lowest remaining bidder, R. L. Rider & Company, was deemed the actual -
lowest responsive and responsible bidder in the amount of $1,703,388.70; and
WHEREAS, the fiscal year 1989 budget, as adopted by Council includes an appropriation of
j$1,380,000.00 for these projects:
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 contract on behalf of the
town, in a form approved by the town attorney with R. L. Rider & Company, in the amount of
$1,703,388.70 for construction of the Route 15 bypass and Route 773 waterline projects.
SECTION H. Additional appropriations are made from the unappropriated Utility Fund balance
to Utility Fund Account No. (300) 3120.700.160 in the amount of $206,000.00 for the Route 15 bypass
waterline extension project and to Utility Fund Account No. (300) 3120.700.130 in the amount of
$294,000.00 for the Route 773 waterline extension project, for the fiscal year ending June 30, 1989.
WHEREAS, 201 Joint Ventures, Inc., has submitted a preliminary/final development plan for
property identified as Tax Map 58A, Block 3, Parcel 5 & 6; and
WHEREAS, a plat dated 1878 by O. W. Gray & Son clearly shows Liberty Street extending
south of Royal Street for a distance of approximately 150 feet; and
WHEREAS, the proposed driveway to this property is located on a portion of Liberty Street
which has no been considered by the Town or included as part of the public street system; and
WHEREAS, the Town Council has been asked to dedicate, confirm and establish a .0553 acre
portion of land believed to be owned by the Town of Leesburg as formerly dedicated for street purposes
as early as 1878 and indicated on an advance copy of a plat prepared by LBA, Limited dated October
19 for public street purposed as an extension of Liberty Street; and
WHEREAS, this action will provide improved public street access to the property owned by the
Town of Leesburg which may be used for public parking in the future; and
WHEREAS, the Town reserves the right to dedicate additional land believed I be owned by
the Town of Leesburg for the purpose of further extending Liberty Street: j
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Mayor
is authorized to execute the original deed of dedication, a copy of which is hereto attach Ied, dedicating,
confirming and establishing a public street designated as an extension of Liberty Street.
WHEREAS, auest for Proposal poral was issued by the Department of Engineering and Public
Works for proposals for comprehensive consulting services; and
WHEREAS, the review committee including Councilmembei William P. Mulok6, ranked the
proposal from Paciulli Simmons and Associates first among the four received based on the review
criteria; and
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WHEREAS, completing such anagreement will provide(
several advantages to the Town
including: reduced administrative costs; a single source of coordination and monitoring of projects; and
completing projects in a timely manner; and
I i
WHEREAS, no task will be assigned to the consultant whose costs', exceeds $10,000 without
prior approval of the Mayor and Council: I,
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
I
The manager is authorized to execute a contract on behalf of the Town with Paciulli Simmons
& Associates for general engineering services as required by the Town of Leesburg not to exceed the
amount of $35,000.00 for the balance of this fiscal year.
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Minutes of November 8, 1988
SERVICE CENTER
RESOLVED by the Council of the Town of Leesburg in Virginia as folio
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director ofEngineering and Public Works for the
Leesburg Ford Service Center. I I
SECTION IL The extension of municipal water and sewer for the Leesburg
is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION DI. An irrevocable bank letter of credit in a form approved it
from Farmers and Merchants Bank of Hamilton, Virginia in the amount of $47,7;
security to guarantee installation of the public improvements shown on plans apprc
of Engineering and Public Works for the Leesburg Ford Service Center.
WHEREAS, American Motorists Insurance Company was approved by
Resolution No. 87-167 to provide a corporate surety bond in the amount of @
improvements for Potomac Crossing Planned Development Section 1H; and
WHEREAS, the surety bond in the amount of $270,000.00 from American
Company was reduced to $54,000.00 by Council action in Resolution No. 88-169;
WHEREAS, a new corporate surety bond from Reliance Insurance Con
by the developer and approved by the town attorney to replace American
Resolution No. 88-169:
THEREFORE, BE IT RESOLVED by the Council of the Town of Lees,
corporate surety bond in the amount of $54,000.00 from Reliance Insurance G
guarantee the installation of public improvements in Potomac Crossing Section
WHEREAS, four change orders to the central warehouse and maintenance
contract have been executed to principally accommodate poor soils conditions; and
WHEREAS, these change orders require a supplemental appropriation
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Service Center
town attorney
is approved as
by the Director
Council in
for public
Insurance
been provided
Company in
Virginia that a
is approved to
construction
as follows:
An appropriation is made to the Buildings -Public Works Facility Capital Projects Fund in the
amount of $90,000 to Account No. 9600-700-100-901, Construction, until the project is complete.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert I d Mayor Sevila
Nay: None
On motion of Mrs. Forester, seconded by Mr. Kimball, the following
and unanimously adopted.
WHRREA4, on (k7hnYwr 2r_ 19RA tj ;q rnUnr l a:olo i a _ate o: I • n c <,� _
Leesburg Zoning Ordinance to add subsection (2)((e)) to read as follows: = _�
,,., .._ Lh
i
(2)((e)) Leesburg Bvoass: 100 feet from the rioht_nf_, I lino ' ml.:.1 ee.tib u -11-11 ..__� ._
bund>_nos and narking lots and
WHEREAS, this proposed amendment was referred to the Planning' Comm; on to conduct a
public hearing and report its recommendation to the Council; and
WHEREAS, the Planning Commicaion at its November 3, 1988 mi eeting requested that the
Council hold a joint public hearing with planning Commission in order to expeditelenactment of this
proposed change:
I
I
1
ii
Minutes of November 8, 1988
SERVICE CENTER
RESOLVED by the Council of the Town of Leesburg in Virginia as folio
SECTION I. The manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director ofEngineering and Public Works for the
Leesburg Ford Service Center. I I
SECTION IL The extension of municipal water and sewer for the Leesburg
is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION DI. An irrevocable bank letter of credit in a form approved it
from Farmers and Merchants Bank of Hamilton, Virginia in the amount of $47,7;
security to guarantee installation of the public improvements shown on plans apprc
of Engineering and Public Works for the Leesburg Ford Service Center.
WHEREAS, American Motorists Insurance Company was approved by
Resolution No. 87-167 to provide a corporate surety bond in the amount of @
improvements for Potomac Crossing Planned Development Section 1H; and
WHEREAS, the surety bond in the amount of $270,000.00 from American
Company was reduced to $54,000.00 by Council action in Resolution No. 88-169;
WHEREAS, a new corporate surety bond from Reliance Insurance Con
by the developer and approved by the town attorney to replace American
Resolution No. 88-169:
THEREFORE, BE IT RESOLVED by the Council of the Town of Lees,
corporate surety bond in the amount of $54,000.00 from Reliance Insurance G
guarantee the installation of public improvements in Potomac Crossing Section
WHEREAS, four change orders to the central warehouse and maintenance
contract have been executed to principally accommodate poor soils conditions; and
WHEREAS, these change orders require a supplemental appropriation
THEREFORE, RESOLVED by the Council of the Town of Leesburg in
Service Center
town attorney
is approved as
by the Director
Council in
for public
Insurance
been provided
Company in
Virginia that a
is approved to
construction
as follows:
An appropriation is made to the Buildings -Public Works Facility Capital Projects Fund in the
amount of $90,000 to Account No. 9600-700-100-901, Construction, until the project is complete.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert I d Mayor Sevila
Nay: None
On motion of Mrs. Forester, seconded by Mr. Kimball, the following
and unanimously adopted.
WHRREA4, on (k7hnYwr 2r_ 19RA tj ;q rnUnr l a:olo i a _ate o: I • n c <,� _
Leesburg Zoning Ordinance to add subsection (2)((e)) to read as follows: = _�
,,., .._ Lh
i
(2)((e)) Leesburg Bvoass: 100 feet from the rioht_nf_, I lino ' ml.:.1 ee.tib u -11-11 ..__� ._
bund>_nos and narking lots and
WHEREAS, this proposed amendment was referred to the Planning' Comm; on to conduct a
public hearing and report its recommendation to the Council; and
WHEREAS, the Planning Commicaion at its November 3, 1988 mi eeting requested that the
Council hold a joint public hearing with planning Commission in order to expeditelenactment of this
proposed change:
I
I
1
. 146
Minutes of November 8, 1988
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A joint public hearing on this proposed amendment shall be held at 7:30 p.m.,
on December 13, 1988, in the Council Chambers, 10Loudoun Street, S.W., Leesburg, VirO nis 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
November 24, 1988 and December 1, 1988, and shall advise the Planning Commission of the purpose,
time and date of the hearing.
SECTION H. The Planning Commission shall report its recommendation to the Town Council
on the proposed amendment.
Aye: Councilmembers Clem, Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Clem, seconded by Mr. Mulokey, the meeting was adjourned.
Clerk of Council
Robert E. Sevila, Mayor
Town of Leesburg
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