HomeMy Public PortalAbout1989_02_14 203
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MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
February 14, 1989 •
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia on February 14, 1989 at 7:30 p.ni The meeting was called
to order by Vice-Mayor John Tolbert, Jr., with the invocation given by Mr. 'Kimball and the Salute to
the Flag by Councilmember Clem. Present were Vice-Mayor Tolbert, Councilmembers James E. Clem,
Christine Forester, Donald A. Kimball and Claxton E. Lovin. Absent was Mayor Robert E. Sevila and
Councilmember William P. Mulokey. Also present were: Town Manager Jeffrey H. Minor, Assistant
Town Manager Steve Brown, Director of Parks and Recreation Gary Huff, Director of Planning, Zoning
and Land Development Katherine Imhoff and Deputy Town Attorney Deborah Welsh.
On motion of Mr. Clem, seconded by Mr. Tolbert, the minutes of the regular meetings of
January 27, 1988, October 11, 1988, January 10, 1989 and January 24,' 1989 were unanimously
approved.
Petitioners
There were no petitioners at this time.
Public Hearing
There were no public hearings scheduled for this meeting.
Councilmember's Comments
Mr. Lovin - noted the report received from Dr. Reavis Sproull, a resident of Leesburg, who
attended the International Conference on Waste Management in Pittsburgh, PA. Mr. Lovin wanted
to thank Mr. Sproull on his participation and efforts during this conference. Mr. Lovin noted that he
and Mr. Kimball were present at the Council Listening Session.
Mr. Clem - reported on the February 9, 1989 Airport Commission meeting. He stated that the
Jet Center is now under construction, all of the foundation is complete and construction above ground
level should be noticeable in the very near future. The crack-sealing program for the runways and the
ramps is now completed and Jim Haynes the airport manager is quite satisfied. Mr. Clem stated that
an update on the airport master plan was given and it was reported that the update for the master
plan is on schedule. Finally, John Warner with the Toll Road Corporation discussed activities proposed
around the airport.
Mr. Kimball - had the occasion on February 9, to attend a breakfast at the Northern Virginia
Planning District Commission (NVPDC), at which both Senators Warner and Robb were present. Mr.
Kimball stated that Ann Kavanaugh has resigned as Commissioner to the NVPDC and has been
replaced by the Honorable Charles Bos. Mr. Kimball, last week had the occasion to attend a DBA
meeting and stated that Leesburg's Detective Sergeant John Smith addressed the group concerning
some recent criminal and burglary activities in the area and that Detective Smith did an outstanding
job. Mr. Carruthers of the DBA addressed the group on the new town parking facility and the Liberty
Street parking and had one concern, which was the possibility of lighting the Liberty Street parking
area.
Mrs. Forester - stated that Mr. Mulokey telephoned her earlier this evening and said he would
not be able to attend tonight's meeting but would like her to make one comment on his behalf: Mr.
Mulokey was glad to here about the Cable Commission's decision to do the live broadcasting of the
Council meetings and that he felt this is an indication of a positive relationship between the Town and
the new cable company. On behalf of the Planning Commission, Mrs. Forester reported that the
Subdivision and Land Development Committee recommended approval of the preliminary/final
development plan for the town's municipal government center/parking garage. The Zoning Committee
conducted a discussion on budget items and the feeling is that the Planning Commission would like to
submit to Council its own budget request for training and workshops for the next year. Mrs. Forester
thanked Mr. Minor, Mrs. Imhoff and her staff for the Saturday workshop and looks forward to the next
one. Finally, Mrs. Forester mentioned that this was National Vocational Education Week.
Mr. Tolbert - had no comments.
Manager's Report
Mr. Minor - stated that the Council did receive the written Activity Report on Monday and then
called on Director of Planning, Zoning and Land Development Katherine Imhoff to give Council a brief
update on legislative activity in Richmond, which affects Leesburg.
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Minutes of the regular Council meeting - Page 2 - February 14; 1989
Ms. Imhoff- told Council of the fate, so far, of the George C. Marshall Grant request, that will
be decided on later this week. At this point, the initial request had been for $1 million, the Senate
Committee recommended $500,000.00 and the House recommended $15,000.00. Because of the conflict
in the two amounts, the request was sent to a budget conference committee. The town should know
by the end of the week. Ms. Imhoff also explained of the 1% local option income tax, and stated that
the town has not been successful in having Leesburg added to the localities that have the ability to
use the 1% local option income tax, further stating that maybe next year the town can have this
legislation amended. Ms. Imhoff stated House Bill 1485, which deals with transportation impact fees,
was voted for in the Senate today, and it is hopeful that the town will have the opportunity to have
these impact fees for transportation.
Mr. Minor - continued with comments on the Activity Report noting that the town now has a
Traffic Engineer, Calvin Grow, who will report to work on April 2, 1989. Also, Lisa Smith the town's
new receptionist began work today. Mr. Minor concurred with Councilmember Forester's description
of the Planning Commission/staff workshop and appreciates the time that the commission devoted in
attending the workshop.
Mr. Minor - mentioned that the town had a fairly productive period for the town's availability
fees and also received today$54,000.00 for availability fees from Loudoun County for most of the work
that the county is doing on Route 843. Also collected during this period was $51,000.00 in historic
district parking fees for 201 and 203 Liberty Street. This is the largest sum of money that the Town
has collected from this source of revenue.
Mr. Minor - noted some items on a couple of capital outlays that are under way. He said that
the municipal government center bid opening has been moved to February 23, 1989, which responds
to some of the written requests received from the bidding community, to delay the bid opening a week.
The Phase VI storm drainage project bid opening is scheduled for March 1,;1989. The Liberty Street
parking lot has been assigned to Paciulli, Simmons and Associates to design the parking lot.
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Legislation
On motion of Mr. Clem, seconded by Mrs. Forester, the following resolutions were proposed as
consent items and unanimously adopted.
89-0-6 - ORDINANCE - AMENDING ARTICLE 7 SECTIONS 701-702.4.11 OF THE LOUDOUN
COUNTY ZONING ORDINANCE AS ADOPTED AND ADMINISTERED BY THE
TOWN OF LEESBURG IN VIRGINIA, 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 Loudoun County PD-H regulations, as adopted and administered
by the Town of Leesburg, was initiated on September 27, 1988 by the Town Council to create the PDH-
16: Planned Development - Housing District which shall replace the PD-H: Planned Development -
Housing Districts; and the proposed amendments were referred to the Leesburg Planning Commission;
and
WHEREAS, the Leesburg Planning Commission held a public hearing regarding the said
amendments on November 3, 1988; and
WHEREAS, on November 17, 1988, the Leesburg Planning Commission recommended the said
amendments to the Town Council for adoption; and
WHEREAS, the Leesburg Town Council held a public hearing on the said amendments on
January 24, 1989; and
WHEREAS, amendment of the Loudoun County PD-F? regulations, as adopted and administered
by the Town of Leesburg, is in the best interest of the public necessity, convenience, general welfare,
and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Amendment of Article 7, Sections 701-702.4.11 of the Loudoun County Zoning
Ordinance as adopted and administered by the Town of Leesburg dated February 2, 1989 is hereby
adopted to create the PHD-16: Planned Development - Housing District, which shall read as follows:
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I' Minutes of the regular Council meeting - Page 3 - February 14, 1989
701 PDH-16 PLANNED DEVELOPMENT . HOUSING DISTRICT'
The
for ho following
l a� regulations and requirements apply to planned developments primarily
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701.1 Applicable Regulations
Notwithstanding dmg the requirements and provisions of Section 700, Planned
Development Generally, districts hereby created shall be subject to requirements as
to approval of site development plans and reports by the:subject
Commission as for
other planned development - housing Related bonds, dedications, guarantees,
agreements, contracts, and deed restrictions shall be app loved by the Town Councilbefore building permits may be issued.
701.2 Planned Development - Housing, defined
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A planned development - ho
a planned development (as � � defined for the purposes of these regulations as
and related�o mannft tide�ed generally in Section 700) primarily for dwellings
70L3 PDH-16 District. Where Permitted, Intent
PDH-16 districts are created in recognition of the existence of land designated
previously as PD-H: Planned Development-Housing Districts, It is not the intent of
this ordinance to create additional PDH-16 districts, nor to enlarge the limits of
existing PDH-16 districts.
701.4 Adoption of"Guides and Standards for Planned Developments . Housing'
"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. Schools
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d. Parks, playgrounds, community centers and non-commercial recreational facilities
701.5.2 Permitted accessory uses and structures are as follows:
Uses and structures which are customarily accessory and,clearly incidental and
subordinate to permitted principal uses and structures,
No accessory building shall be constructed including home occupations
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 permitted for not to exceed one year in connection with construction,
with permits renewable as provided in Section 904.5.2.
701.6 Special Exceptions in the Planned Development Ho
using • 16 District
In addition to the principal and accessory uses and structures permittedbya
indicated above, facilities planned for development asand right,
part of the district
needs not otherwise served in the general area may be perMitted by the Town
serving
Council by special exception procedure provided that such facilities shall only include
those uses and structures listed below: n1y
701.6.1 Public Uses and Structures. Structuresand uses
public utility or performance of a government ronuired for the operation of a
function.
701.6.2 Churches.
701.6.3 Wayside Bus Stations
701.6.4 Procedure
The special exception application shall be reviewed by the
Planning Commission, who shall forward its recommendation on the
to the Town Council. special ezception
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Minutes of the regular Council meeting - Page 4 - February 14, 1989
701.7 Maximum Density: Maximum Density shall not exceed 16 dwelling units per ace
for multi-family structures and 10 dwelling units per acre for single-family attached
units.
701.8 Minimum Open Space: 30 percent of the gross area shall be open space.
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 requirements 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 band 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 convenientroutes. Such access need not be adjacent to, or limited to the vicinity
of, access points. Where there are crossings of pedestrian ways and
vehicular routes at edges of planned developments, such
located marked and crossines shallosafely
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.
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Where there is pedestrian or bicycle access from within the development to a street
at its edges by paths or across yards or other open
to the street, no material impedimentvisibility morespate without a batherato ews
to than 2 U2 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 residential 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 stich 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.
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 particular, extensive
off-street parking areas and service areas for loading and unloading
than passenger, and for storagevehicles other
and collection of refuse and garbage shall be
screened.
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Minutes of the regular Council meeting - Page 5- February 14, 1989
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702.2.8 Height limitations at edges of PDH-18 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. '
702.2.7 Off-Street Parking and Iaidino Requirements - shall be established as provided in
Article 2-A of the Leesburg Zoning Ordinance.
702.2.8 Screening and Buffer Yard Requirements - shall he established as provided in Article
9-A of the Leesburg Zoning Ordinance.
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,
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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.
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702.3.1 Maximum height restrictions. Dwellings: 35 feet. Other buildings: 35 feet.
702.3.2 Relation between buildings and open space. Buildings for residential 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 immediate , 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'•aocess 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. Determination 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
on streets without excessive interruption.
702.3.5 Ways for pedestrians and cyclists; use by emergency or service vehicles. Walkways
shall form a logical, safe and convenient system for
units, project facilities and pedestrian 8O to all ys to b
be
principal off-site pede4trin., destinations. Walkways to
used by substantial number of children as play areas or routes to school or other
destinations shall be so located and safeguarded as to mini•nive contracts with normal
automotive traffic. If substantial bicycle traffic is anticipated, bicycle paths shall be
incorporated in the walkway system. Streets
on such walkways, located and designed crossings shall held to a minimum
to provide safety, and
appropriate 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.
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Minutes of the regular Council meeting - Page 6 - February 14, 1989
702.3.8 Protection of visibility - automotive traffic. cyclists and pedestrian shall be as
provided in Section 512.
702.9.7 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-18 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.
702.3.7.2 Application of regulations. Except as Section 702.2.4 affects the edges of PDH-18
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 P011-18 district, and measurements and interpretations are provided herein.
702.3.7.3 Minimum Lot Size Required:
1. Single-family attached 1,400 feet
2. Multi-family 10,000 feet
702.3.7.4 Minimum Lot Width Required:
1. Single-family attached •
a. Interior lot 18 feet
b. Corner lot 28 feet
2. Multi-family 100 feet
702.3.7.5 Minimum Yard Required:
1. Single-family attached
Front tO feet
Side tO feet (for end units)
Rear 20 feet
2. Multi-family
Front 30 feet
Side 30 feet •
Rear 30 feet
702.4 Definitions and Methods of Measurement and Corresponding Requirements
The following provisions shall
property', 'the govern. In general, references to "the site', "the
Project", and the like shall be considered to refer to the PDH-18
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 linea.
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.
In order to prevent abuses arising from inclusion of extensive areas not suitable for
residential development in computing residential 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 rinaseg•
a. Flood hazard areas
b. Slopes exceeding 12 percent
c. Soils judged unsuitable for development
702.4.3 Determination of maximum residential density. Maximum
multiplyingpermissible residential
density shall be determined by the total residential land area by the
applicable per dwelling limit as provided in Section 701.7
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Minutes of the regular Council meeting - Page 7 - February 14, 1989
702.4.4 Oven 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 oocupanta 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 the needs of residents of the,district designed serve
concerning active recreation (activities may
include, but not be limited to, swca tennis, golf, ballfields. Small children's
play areas may be counted ae recreation space if the areas's least dimension is 50
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702.4.5.1 feet and the area contains at least 2500 square feet.)
Location of recreation space with relation to dwelling. The following locational
requirements shall apply to recreation spare 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.
702.4.6 Management of common open space and common facilities. All open
preserved for its intendede shn.' all be
developer shall choose one, or combination on�of the following methods oDevelopment f
administering common open apace:
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- rofit associati
on corporation, trust or foundation of all
individuals or corporationsP ,
owning residential property within the planned
development to insure the maintenance of open spares;
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c. Retention of ownership, control and maintenance of open space by the developer,
subject to approval of the Town CounciL
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All open space not dedicated to the public shall be made subject to restrictive
covenants running with the said land thereafter restricting 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 shell 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 followingro
requirements:
a. The developer must establish the organization prior to the sale of any Iota
' b. Mc=brthip in the c �d+iu.iiuu shall be mandatory for a0 residential property
owners, present or future, within the planned communityand said t'
shall not discriminate in its members or shareholders. . organization
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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.
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d. Shall generally follow the format of FHA Document 1401.
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Minutes of the regular Council meeting - Page 8 - February 14, 1989 - -
SECTION II- .Existing Article 7, Sections 701-702.4.11 of the Loudoun County Zoning
Ordinance, as adopted and administered by the Town of Leesburg in Virginia shall be repealed, and '
shall be replaced by the above adopted PDH-16: Planned Development - Housing District regulations.
SECTION TEL The Official Zoning Map of the Town of Leesburg shall be amended to reflect
the adoption of this amendment.
SECTION IV. This ordinance shall be in effect upon its passage.
89-25 - RESOLUTION - DECLARING THE LEASE AGREEMENT BY AND BETWEEN MARKET
SQUARE ASSOCIATES AND THE TOWN OF LEESBURG, DATED OCTOBER 15,
1987, TO BE IN DEFAULT AND TERMINATED AND AUTHORIZING A
NEGOTIATED SETTLEMENT
WHEREAS, the Town of Leesburg and Market Square Associates,! Inc., entered into a lease
agreement on October 15, 1987, which called for the construction of a! stone parking facility in
consideration of rental in the amount of$900.00 per month; and
WHEREAS, rental payments required under the lease agreement have not been paid for the
months of October, November, December and January; and
WHEREAS, notice was sent on December 5, 1988, and formal notice,was sent on December 12,
1988 under the terms of Paragraph 8 of the lease agreement giving tenant thirty days to cure the rental
payment default or have the lease declared in default and terminated in accordance with Paragraph 6
of the said lease agreement; and
WHEREAS, more than 30 days has elapsed from said notice and no payments have been made
to cure the default:
THEREFORE, RESOLVED by the Council of the town of Leesburg in Virginia as follows:
The lease agreement by and between Market Square Associates and the Town of Leesburg dated
October 15, 1987, is hereby declared to be in default and terminated and the town manager is directed
to negotiate a fair and equitable settlement with the former tenant.
89-26- RESOLUTION- INITIATING AN AMENDMENT OF THE LEESBURG ZONING ORDINANCE
FOR SECTION 8A-9 AND 8A-11(a) OF THE SIGN REGULATIONS
WHEREAS, Section 15.1492 of the 1950 Code of Virginia, as amended, sets forth the enabling
authority for.the Town of Leesburg to regulate nonconforming uses and structures; and
WHEREAS, the enabling legislation stipulates the level of vested rights accorded such non-
conforming uses and structures; and
WHEREAS, Section 8A-9 of the Leesburg Zoning Ordinance is seen to impinge on the vested
rights of nonconforming signs beyond that authorized by the State; and
WHEREAS, Section 8A-11(a) of the Leesburg Zoning Ordinance is seen to accord a higher level
of vesting to nonconforming signs than that authorized by the State;and I ' • •
WHEREAS, amendment of these provisions of the Leesburg Zoning Ordinanre is in the best
interest of the public necessity, convenience, general welfare and good zoning practice:
THEREFORE, RESOLVED by the Council.of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment to the Leesburg Zoning Ordinance is initiated to delete the words
"or in content" from Section 8A-9, Development Standards for Permitted Sign Types: to delete the
words "except a sign fare may be changed so long as the new face is equal to or reduced in height, sign I
area, and/or _protection" from Section 8A-11(b), and shall read as follows:
8A-9 Development Standards for Permitted Sign Types
All new signs and all existing signs which are replaced, reconstructed,
extended or changed structurally er-itt-eeatent shall comply with the
following development standards.
8A-11 Nonconforming Signs
a. Nonconforming Signs, Generally. Any sign which was,
lawfully in existence at the time'of effective date of this
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1
Minutes of the regular Council meeting - Page 11 - February 14, 1989 .
Clerk Typist 1
! i
FINANCE DEPARTMENT •
Director of Finance 1
Assistant Director of Finance 1 •
Accounting Clerk II 1
Accounting Clerk I 1
Systems Technician 1
Utility Billing Technician 1
POLICE DEPARTMENT '
Chief of Police 1 I
Captain 1 •
Lieutenant 2
Sergeant 7
Corporal 5
Police Officer 12
I Administrative Secretary 1 • j
Secretary 1
Parking Control Officer 1
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works 1 • 1
Administrative Secretary 2
ENGINEERING AND INSPECTIONS i
U
Chief of Operations and Inspections 1
Chief of Engineering 1
Public Works Engineer 1
Engineer II 3 i
Engineer I 1
Capital Projects Coordinator 1
Capital Projects Representative 1
Facility Inspector 2
Senior Inspector 1
STREET MAINTENANCE • i
Superintendent 1
Assistant Superintendent 1 ' '
Maintenance Worker II 3 ,
Maintenance Worker I 5
Laborer - 8
Laborer (Temporary) 1
EQUIPMENT MAINTENANCE
Superintendent 1
Heavy Equipment Operator 1
Mechanic II 1
Mechanic I 1
Laborer 1
PARKS AND RECREATION
Director of Parks and Recreation 1
Secretary 1
•
PLANNING, ZONING AND DEVELOPMENT
Director of Planning, Zoning and Development 1
Assistant Director of Planning, Zoning and Development 1
Chief of Comprehensive Planning 1
Zoning Administrator 1 • '
11 Planner II 4 I
.
1414
Minutes of the regular Council meeting - Page 12 - February 14, 1989
Zoning and Development Assistant 1
Secretary 2
Zoning Technician 1
Planning Technician 1
UTILITIES
ADMINISTRATION
Director of Utilities 1
Senior Utility Plant Mechanic 1 •
Administrative Secretary 1 •
Assistant Utility Plant Mechanic 1
WATER POLLUTION CONTROL
Superintendent 1
Assistant Superintendent 1
Operator I 2
Operator II 1
Operator III 2 •
Operator IV 3
Laborer 1
Laborer (Temporary) .25
UTILITY LINES
Superintendent 1
Assistant Superintendent for I&I 1 •
Assistant Superintendent for Maintenance 1
Maintenance Worker II 2
I&I Technician 1
Meter Technician 1
Maintenance Worker I 2
Laborer 2
Laborer (Temporary) .25
WATER SUPPLY DIVISION •
Superintendent 1
Assistant Superintendent 1
Operator II 2 3
Operator DI 1
Operator IV 1 '
Laborer (Temporary) .25
TOTAL PERSONNEL AUTHORIZED
Full-time 131.7G 132.75
Part-time or temporary (expressed as equivalent 7
to full-time staffmg)
89-30 - RESOLUTION - MAKING AN APPROPRIATION FOR ADDITIONAL STAFF IN THE
WATER SUPPLY DIVISION OF THE UTILITIES DEPARTMENT
WHEREAS, an additional Operator II is requested to more efficiently staff the Water Treatment
Facility; and
WHEREAS, the additional position will be used to lower overtime usage and monitor new high
rate filtration equipment; and
•
WHEREAS, the General Fund budget for the fiscal year ending June 30, 1989 does not provide
funding for the additional position.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An appropriation of$5,000 is authorized from the Utility Fund unappropriated fund balance to
account no. 300.3130.100.010, Salaries and Wages, to provide funding for the Operator II position.
89-31 - RESOLUTION-AUTHORIZING A NOTICE OF PUBLIC HEARING ON PROPOSED ZONING
MAP AMENDMENT #ZM-105 BY THE TOWN OF LEESBURG
215
i •
Minutes of the regular Council meeting - Page 13 - February 14, 1989 -
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider rezoning application'#ZM-105, by the Town of Leesburg
to the Official Zoning District Map to rezone froth M-1, Industrial District to B-1, Community Business
District, 1.3 acres of land bounded by South Street on the north, Church Street on the west and
Harrison Street on the east, shall be published in the Loudoun Times-Mirror.on February 23, 1989 and
March 2, 1989 for public hearing on March 14, 1989 at 7:30 p.m.i in the Council Chambers located at
10 Loudoun Street, S.W., Leesburg, Virginia
89-32 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION IN POTOMAC CROSSING SECTION 1B2
WHEREAS, the Town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Potomac Crossing Section 1B2,and certified that the value of work
performed exceeds $316,000.00; and
WHEREAS, a corporate surety bond from Reliance Insurance Company in the amount of
$395,000.00 has been provided by the developer and approved by Council to guarantee installation of
public improvements for Potomac Crossing Section 1B2.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from Reliance Insurance Company in the amount of
$395,000.00 is reduced to $79,000.00.
I �
SECTION II. The Town Manager shall notify the developer that:liability for the corporate
surety bond has been reduced as outlined in Section I of this resolution, and that this reduction does
not constitute acceptance of public improvements by the Town or relieve the developer of
responsibilities outlined in the contract for public improvements for Potomac Crossing Section 1B2.
I i
89-33 - RESOLUTION - ACCEPTING .PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR
' PUBLIC IMPROVEMENTS IN POTOMAC CROSSING SECTION 11
WHEREAS, CLPS Leesburg Joint Venture, the developer of Potomac Crossing Section 11 has
completed the public improvements in accordance with approved plans and town standards, and these
have been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The irrevocable letter of credit from United Savings Bank in the amount of
$82,315.00 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of$20,578.00 is approved, and qball be iii effect for a period of one year from
this date.
SECTION II. This release is contingent upon delivery; of a properly executed instrument
conveying unto the town all such improvements and easements free of any liens or changes.
SECTION III. This release is also contingent upon payment to the town by CLPS Leesburg
Joint Venture the amount of$40,235.00 for installation of streetlights. ,
89-34 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS IN BATTLEFIELD PARKWAY IN EXETER PHASE I
WHEREAS, Richmond American, the developer of Battlefield Parkway in Exeter Phase I has
completed the public improvements in accordance with approved'plans and;town standards, and these
have been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town 'of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from American Motorists Insurance Company in the
amount of$169,504.00 is released, and a new surety in a form approved by the town attorney for a.
maintenance guarantee in the amount of$42,376.00 is approved,'and shall Ibe in effect for a period of
one year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument
conveying unto the town all such improvements and easements free of any liens or changes.
SECTION III. This release is also contingent upon payment to the town by Richmond
• I
•
•
j •
216
•
Minutes of the regular Council meeting - Page 14 - February 14, 1989
American the amount of$45,787.00 for installation of street lights.
•
89-35 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS TO THE ROUTE 15 BYPASS AT BATTLEFIELD PARKWAY
•
WHEREAS, Richmond American, the developer of improvements to the Route 15 Bypass at
Battlefield Parkway has completed the public improvements in accordance with approved plans and
town standards, and these have been inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from American Motorists Insurance Company in the
amount of $96,114.00 is released, and a new surety in a form approved by the town attorney for a
maintenance guarantee in the amount of$24,036.00 is approved, and shall be in effect for a period of i
one year from this date.
SECTION H. This release is contingent upon delivery of a properly executed instrument
conveying unto the town all such improvements and easements free of any liens or changes.
SECTION III. This release is also contingent upon the payment to the town the amount of
$22,766.00 for installation of street lights.
89-36 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR 201 AND 203
LIBERTY STREET
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 201
and 203 Liberty Street.
SECTION II. The extension of municipal water and sewer for 201 and 203 Liberty Street is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney
from Sovran Bank NA in the amount of$10,297.00 is approved as security to guarantee installation of
the public improvements shown on plans approved by the Director of Engineering and Public Works
for 201 and 203 liberty Street. .
SECTION IV. A cash payment in the amount of$849.50 is accepted in place of construction
of approximately 20 feet of curb, gutter and sidewalk on Liberty Street.
89-37 - RESOLUTION - MAKING APPROPRIATIONS FOR ADDITIONAL PLANNING, ZONING
AND DEVELOPMENT STAFF AND OFFICE FURNISHINGS
WHEREAS, Council Resolution No. 89-16 established additional staff for the Planning, Zoning
and Development Department; and
WHEREAS, Council Resolution No. 89-22 authorized the lease of office space to accommodate
the additional staff; and
•
WHEREAS, the General Fund budget for the fiscal year ending June.30, 1989, does not provide
funding for the additional staff as well as office furnishings and training expenses:
•
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An appropriation of $25,000.00 is authorized from the General Fund
unappropriated fund balance to Account No. 200.8101.100.010, Salaries and Wages,to provide funding
for the Planner II and Planning Technician positions.
SECTION II. An appropriation of$2,000 is authorized from the General Fund unappropriated
fund balance to Account No. 200.8101.700.020, Office Equipment.
SECTION III. An appropriation of$2,000 is authorized from the General Fund unappropriated
fund balance to Account No. 200.8101.520.010, Telephone.
SECTION IV. An appropriation of$3,000 is authorized from the General Fund unappropriated
fund balance to Account No. 200.8101.550.010, Travel and Training.
1 .
' 217
Minutes of the regular Council meeting - Page 15 - February 14, 1989 -
Aye: Councilmember Clem, Forester, Kimball, Lovin, and Tolbert
! Nay: None
89-38 - RESOLUTION - COMMENTING ON THE VIRGINIA TOLL ROAD CORPORATION
APPLICATION BEFORE THE COMMONWEALTH TRANSPORTATION BOARD TO
CONSTRUCT AND OPERATE THE DULLES TOLL ROAD EXTENSION
On motion by Mrs. Forester, seconded by Mr. Lovin the following resolution was proposed.
WHEREAS, by Council Resolution No. 87-98, adopted May 20, 1987, the Leesburg Town
Council unanimously endorsed a Leesburg terminus for the proposed Dulles Toll Road extension; and
WHEREAS, the Council has previously endorsed the efforts of both the Virginia Department
of Transportation and the Toll Road Corporation of Virginia, in their efforts to design and fund a toll
road extension to Leesburg, and
WHEREAS, state support for primary and urban system road improvements within Leesburg,
Northern Virginia's fastest growing town, is inadequate and current transportation revenue legislation
in the General Assembly ignores Northern Virginia's towns; and
1 WHEREAS, the Dulles Toll Road extension will generate new traffic demand which will require
additional improvements to our transportation system; and
WHEREAS, extension of the Dulles Toll Road by the private Toll Road Corporation may
present an opportunity for revenue sharing to assist the town with transportation improvements
directly related to the toll road extension
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
• The Town of Leesburg offers the following preliminary comments concerning the application
filed by the Virginia Toll Road Corporation (VTRC) to construct and operate the proposed Dulles Toll
Road extension to Leesburg under the Virginia Highway Corporation Act of 1988:
I
1. Traffic Study. The town needs to ensure that Leesburg's land development
projections are included in this study. The study presently is ut;living COG projections,
to which the town had no input. The results of the study are essential to help
determine the impacts of the toll road on Leesburg's existing and planned road network,
particularly the by-pass.
2. By-pass Impacts. The increased toll road traffic on the by-pass, especially on .
those portions not 4-laved and with at-grade intersections is a concern. The VTRC
should participate substantially in the estimated $3 million cost of completing the 4-
landing of the Route 15 north by-pass. A number of options were explored initially
with VTRC at the February 1 meeting and should continue to be the
subject of discussion between the VTRC and the town prior to SCC
consideration of the VTRC application.
3. Stratford E-W Collector Crossing. The local E-W collector between Route 15
and Route 643 approved on the Stratford rezoning plan must cross the toll road. The
VTRC application must clarify that the structure necessary to accommodate this
croccing will be included in the initial toll road design and will be
constructed either initially or when required by Stratford development
at no cost to the town.
4. By-pass interchange. The application indicates that the VTRC design would
have to be modified "if so required by the town" to accommodate the local extension
road to Catoctin Circle included in the revised Town Plan. This must be required now
to ensure that VTRC pays for work to allow a future extension when justified and
funded. VTRC officials indicate a willingness to do this if the town can provide the
necessary information on the desired alignment of the local extension. The VTRC has
also overlooked the land needed to construct this interchange north of the by-pass. No
proffers have been secured for this land other than a section owned by NVLand.
5. Airport Impacts. The VTRC is attempting to address concerns of landowners
west of the Leesburg Municipal Airport regarding viable use of the remainder of their
property. The town's airport consultants are attempting to identify adequate and safe
access to the Kay and Ward properties at this time. The town should also minimize
impacts on these existing landowners from airport expansion.
6. Revenue Sharing Options. VTRC has identified three options for sharing some
718
Minutes of the regular Council meeting - Page 16 - February 14, 1989
toll road revenues for local road improvements necessitated by the toll road. These
include: (a) an improvement fund required by the Act from any incremental toll over
the actual amount needed by VTRC for operating and a "reasonable rate of return".
(e.g., difference between $0.94 and a $1.00 toll); (b) an agreement between VTRC, the
12113 and local governments to seek a toll increase from the SCC specifically for road
improvements (authorized in the Act); and (c) a proposed VTRC improvement fund
from tolls collected above the expected rate of return. All of these
options provide the potential for funding essential toll road related town
road improvements. The VTRC application, however, should be
amended to specifically name the town, as well as the county as a
potential beneficiary of these funds. The town further suggests that
assistance with the aforementioned by-pass improvements should
coincide with completion of the toll road and that part of these funds
could be returned to the VTRC through future credits available from
excess toll revenues generated through one of the aforementioned
measures.
Mr. Minor - stated that these were the same comments that were discussed at the previous
Administration and Public Works Committee meeting with exception of a change in number 5, where
staff expounded a little to build on the concept of the additional revenue that can be available through
these tolls. Mr. Minor stated that continued pressure should be put on the Virginia Toll Road
Corporation to help the town with this road improvement and basically that is what this legislation
attempts to do.
Mr. Minor - made one additional comment regarding the memorandum which stated that on
the extension to Catoctin Circle,the town would like the Toll Road Corporation to ensure that the
interchange that is designed will accommodate the extension, should the;town want this extension
someday in the future.
Aye: Clem, Forester, Kimball, Lavin, and Tolbert.
Nay: None.
89-39 - RESOLUTION - REINITIATING AN AMENDMENT TO THE LEESBURG ZONING
ORDINANCE REGARDING COMMERCIAL ZONE DISTRICTS, AND INITIATING AN
AMENDMENT TO THE LEESBURG ZONING ORDINANCE REGARDING RESIDENTIAL
ZONE DISTRICTS AND THE OFFICIAL ZONING MAP OF THE TOWN OF LEESBURG,
AND REPEALING THE LOUDOUN COUNTY ZONING ORDINANCE AS ADOPTED BY THE
TOWN OF LEESBURG ON NOVEMBER 23, 1983
On motion by Mrs. Forester, seconded by Mr. Kimball the following resolution was proposed
and adopted.
WHEREAS, the objectives of the adopted Town Plan include revisions of the town's commercial
and residential zoning districts; and
WHEREAS, it is necessary to consolidate the commercial and residential zoning districts of the
Leesburg Zoning Ordinance and the Loudoun County Zoning Ordinance as adopted and administered
by the Town of Leesburg.
THEREFORE, RESOLVED by the Council cif the Town of Leesburg in Virginia as follows:
SECTION I. A comprehensive amendment of Articles 1A, 3, 3A, 4, 4A, 4C, 5, 6, 7A, 15 and
Sections 8-1-1, 8-1-2, 8-1-3 and 8-2-11-10 of the Leesburg Zoning Ordinance and the Official Zoning
Map of the town and a repealing of Articles 4B, 4B-5, 7 and Sections 8-2-11-8 and 8-2-11-11A of the
Leesburg Zoning Ordinance and the Loudoun County Zoning Ordinance as adopted and administered
by the town has been initiated.
SECTION II. This amendment upon its adoption shall replace Articles 1A, 3, 3A, 4, 4.A, 4B,
4B-5, 4C, 5, 6, 7, 7A, 15 and Sections 8-1-1, 8-1-2, and 8-1-3, 8-2-11-8, 8-2-11-11A of the Leesburg
Zoning Ordinance, the Official Zoning Map of the town and the Loudoun County Zoning Ordinance as
adopted and administered by the town.
SECTION III. The Planning Commission shall conduct a public hearing as soon as permitted
by law and shall report its recommendation on the proposed amendment to the Town Council within
60 days of its public hearing.
•
Ms. Imhoff - briefed the Council on this legislation stating that this; is reinitiating the
amendment to simply tie up all of the loose ends.
.. .' <.'. 219
Minutes of the regular Council meeting - Page 17- February 14, 1989 - -
Mrs. Forester - stated that the comprehensive committee of the Planning Commission and the
Zoning Committee of the Planning Commission and staff has done extensive work on this legislation
and recalled that in August the Mayor gave them a directive to come forth with these recommended
changes and in terms of doing that, both committees decided that there were some other things that
they bad to look at in terms of definitions, and special exceptions. She further stated that this
represents a lot of hard work and planning on the part of the Planning Commission and staff.
Aye: Councilmember Clem, Forester, Kimball, Lovin and Tolbert.
Nay: None.
89-40 - RESOLUTION - AUTHORIZING THE PROCUREMENT OF A VERTICAL TURBINE PUMP
FOR THE POTOMAC RIVER WATER TREATMENT PLANT
On motion of Mr. Clem, seconded by Mrs. Forester the following resolution was proposed and
adopted.
WHEREAS, the adopted FY 89 budget included an appropriation of$150,000.00 to utility fund
account 3130.700.190.300, for purchase of a vertical turbine pump and various other equipment items
necessary in expansion of the Potomac River Treatment Plant; and
WHEREAS, it has been determined that Potter and Parsons, Inc., of Baltimore, Maryland, was
the lowest responsive and responsible bidder in the amount of$14,868.00 for a Peabody Floway pump
with accessories in response to a request for sealed competitive bids dated July 1988:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager shall issue a standard purchase order to Potter and Parsons, Inc., for the
purchase of a Peabody Floway Vertical Turbine Pump in the amount of$14,868.00.
Aye: Councilmember Clem, Forester, Kimball, Lovin and Tolbert.
Nay: None.
I 89-41 - RESOLUTION - AUTHORIZING THE MANAGER TO TAKE CERTAIN STEPS TO
CHALLENGE THE EFFICACY OF THE VIRGINIA POLLUTION DISCHARGE
ELIMINATION SYSTEM PERMIT (VPDES) FOR:THE TOWN'S WATER POLLUTION
CONTROL FACILITY; PREPARE A PRESENTATION BEFORE THE VIRGINIA WATER
CONTROL BOARD CHALLENGING THE DULLES AREA WATERSHED POLICIES AND
ENSURE THAT PLANS ARE PREPARED TO INCREASE PLANT CAPACITY
On motion of Mr. Kimball, seconded by Mrs. Forester the following resolution was proposed
and unanimously adopted.
WHEREAS, the Virginia WAter Control Board (VWCB) in June, 1983, commissioned the
Northern Virginia Planning District Commission (NVPDC) to conduct a technical analysis of Tuscarora
Creek to determine if Leesburg's wastewater disrbarge should be required to meet Dulles Area
Watershed Policies (DAWP) for advanced wastewater treatment standards; and
WHEREAS, the NVPDC study was completed in June, 1985 and recommended less stringent
standards, based on scientific data and new planning tools available to assess receiving water quality
benefits resulting from alternate levels of treatment; and
WHEREAS, the NVPDC recommended standards are in accordance with state and federal
water quality goals, particularly the restoration and protection of beneficial uses under state water
quality standards; and
WHEREAS, this Council adopted Resolution #88-113 in June, 1988 which requested the VWCB
to amend the Dulles Area Watershed Policy to include recommendations made by NVPDC; and
WHEREAS, the VWCB has taken no action, nor responded to the town's request; and
WHEREAS, the town's consulting engineer, CH2M Hill, has determined that a 2.5 mgd
expansion of Leesburg's Wastewater Treatment Facility will cost in excess of$53 million, nearly $38
million more than an expansion and upgrade built to NVPDC recommended standards; and
WHEREAS, these exorbitant costs will not be offset by federal participation and place a severe
economic burden on our citizens, in terms of an eventual 300% increase in availability and user fees
to retire the debt and pay the required increased operations and maintenance costs; and
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Minutes of the regular Council meeting - Page 18 - February 14, 1989 -
WHEREAS, this Council wishes to take all steps necessary to expose the devastating impact
these standards will impose on our community; and
WHEREAS, this Council seeks to ensure that all steps are taken to begin design of Leesburg's
planned expansion of its wastewater treatment facility to meet current standards and to establish a
capital reserve through increased availability fees to ensure funding for the required capacity:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The manager is authorized and directed to make a written request to the VWCB
for a public hearing to facilitate public input on the proposed VPDES permit for Leesburg's Wastewater
Treatment Facility under DWAP standards.
SECTION IL The manager is directed to prepare testimony to be presented at the VWCB's
"citizen's hour" during its quarterly meeting on March 20, 1989 in Richmond by the Mayor.
SECTION III. The manager is authorized and directed to issue a request for proposals for
design and construction management services for the upgraded expansion of the Lccsburg Wastewater
Pollution Control Facility to a capacity of 5.0 mgd under DAWP standards.
SECTION IV. The manager is authorized and directed to update the March 4, 1988
"Availability Fee Rate Study through the Year 2000" report for review by this Council to reflect capital
costs associated with the design and construction of an advanced wastewater treatment facility.
Mr. Minor - stated that this legislation will allow the town to call for a hearing on the proposed
permit which includes the Dulles Area Water Shed standards which would require an AWT plant of
$50 million. Secondly, this legislation authorizes the town to prepare a case to be presented at the
citizen portion of the SWCB in March and the third step is to basically have the Council go on record
stating that the town will continue to battle these standards but at the same time has a commitment
to have a plant that will accommodate the growth that is approved and underway
Mr. Kimball - asked if the town could enlist the eight state delegates and state senators in this
endeavor.
Mr. Minor - stated "definitely" and that the town hoped to have' these individuals actually
testify on behalf of the town, along with the Mayor at the meeting.
Aye: Councilmember Clem, Forester, Kimball, Lovin, and Tolbert
Nay None
On motion duly made and seconded, the meeting was adjourned, with no further action taken.
Robert E. Sevila, Mayor
Clerk of Council