HomeMy Public PortalAbout1989_07_11 • •317
•
•
MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
July 11, 1989
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia on July 11, 1989 at 7:30 p.m. The meeting was called to
order by the Mayor, with the invocation given by Councilmember Tolbert and the Salute to the Flag
by Councilmember Lovin. Present were: Mayor Robert E. Sevila,evils, Councilmembers Christine Forester,
Donald A. Kimball, Claxton E. Lovin, William P. Mulokey and John W. Tolbert, Jr. Absent was
Councilmember James E. Clem. Also present were Town Manager Jeffrey H. Minor, Assistant Town
Manager Steve Brown, Director of Finance Paul York, Director of Engineering and Public Works
Thomas A. Mason, Director of Planning, Zoning and Development Katherine Imhoff, Director of Parks
and Recreation Gary Huff, Zoning Administrator Andy Conlon, Planner Peter Stephenson and Public
Information Officer Susan Farmer.
Councilmember Kimball moved that the Executive Session be adjourned, that the Council of
the Town of Leesburg reconvene its public meeting, and that no formal action was taken in the
Executive Session.
On motion of Councilmember Kimball, seconded by Councilmember Forester the Executive
Session was adjourned and the following resolution certifying the Executive Session was proposed and
unanimously adopted.
89-133 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF JULY 11, 1989
WHEREAS, the Town Council of the Town of Leesburg has this day convened in Executive
Session in accordance with an affirmative recorded vote of the Town Council of the Town of Leesburg
and in accordance with the provisions of the Virginia Freedom of Information Act:
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg does
hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully
exempted from open meeting requirements under the Freedom of Information Act were discussed in
the Executive Session to which this certification applies; and 2) only such public business matters as
were identified in the Motion by which the said Executive Session was convened were heard, discussed
or considered by the Town Council of the Town of Leesburg.
Aye: Councilmember Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Councilmember Tolbert,seconded by Councilmember Forester,the Special meeting
of the Leesburg Town Council was adjourned.
•
Aye: Councilmember Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None •
On motion of Mr. Tolbert, seconded by Mr. Kimball, the minutes of the special meetings of
December 4, 1987, May 25, 1988, June 20, 1988, July 1, 1988 and the regular meeting minutes of
May 23, 1989 and June 27, 1989 were unanimously approved.
Petitioners
John Collins, proprietor of the Plaza Texaco, addressed the Council by reading a letter, that
he had written to Council, regarding signs. Mr. Collins is requesting interpretation of the sign
ordinance as to the average elevation of a street, in particular, the height at Market Street and Fort
Evans Road on the east end of town, and Market Street at Loudoun Street on the west end of town,
to determine how high a sign can be in accordance with the sign ordinance. Mr. Collins requests a
zoning variance to erect a sign on his property, high enough to be seen from Market Street east of the
Plaza Texaco, in the event that the height of the sign is not feasible.
Mayor Sevila stated that Mr. Collins is asking for an interpretation of the town's sign ordinance
and referred this item to Andy Conlon for interpretation, with a report back to Council and directly to
Mr. Collins. Mayor Sevila also asked that Mr. Conlon report on the matters raised in the first
paragraph of Mr. Collins' letter pertaining to street improvements that occurred in 1985.
Mr. Minor stated that staff will be meeting with the owners of Cap City to see what can be
done in terms of lowering the privacy fence and the truck caps, that are being stored on the property.
1318
Minutes of the regular Town Council meeting of July 11, 1989
Larry Frost manager of the Talley Ho Movie Theater addressed the Council explaining that
since the town has started construction on the new town office, there has been no access for his
customers and employees, from the parking lot to the door on the eastern front side of the theater.
He has talked with Mr. Rio and Mr. Mason regarding the construction situation, but has not had any
results. He requests an accessway from the exit door to the side of the existing town office.
Mayor Sevila asked that the town's engineer or architect look into this problem, to perhaps
safely move the barricade back from the theater to allow access.
Mel Canton, 314 Belmont Place, spoke on the advisory committee stating that the town should
consider including some non-business citizens, as well as business citizens, on the committee to develop
the team work needed on this committee.
Mayor Sevila stated that no members of the Council considers business versus public to be the
charge of the upcoming advisory committee. Council is trying to get the broadest possible cross section
of people.
•
PUBLIC HEARING ON SPECIAL EXCEPTION#89-1 BY THE VIRGINIA ELECTRIC COOPERATIVE
Peter Stephenson explained that this is a special exception for approval to erect and maintain
a communication tower at the Leesburg District office located at 349 East Market Street. The special
exception is required to allow a height increase in the B2 zoning district. The normal height limit is
40 feet and the proposed tower is approximately 81 feet. The Panning Commicion, on May 18,
concurring with staff-, recommended approval of this application with the four conditions as outlined in
the staff report of July 7, 1989. There was no public comment received concerning this application.
Legislation has been prepared for the approval of this application.
Mr. William Fiske,Assistant Engineering Manager of the Northern Virginia Electric Cooperative
and a resident of 133 North Catoctin Circle was present to answer any questions.
PUBLIC HEARING ON APPLICATION #ZM-108 BY CARL BERNSTEIN INVESTMENT
CORPORATION
Mayor Sevila explained that he has been involved, in a legal capacity, advising the owners of
some of the property with this zoning application. Mayor Sevila's client, the current owners, Mr. and
Mrs. Davis have no vested interest in the outcome of the zoning proceedings. Mayor Sevila will abstain
from voting on this item.
Peter Stephenson stated that this rezoning application is to rezone approximately 17.4 acres of
land located on the north side of Lawson Road, from County 11-1 residential to town R-1 residential
A concept plan and proffers have been received. The plan proposes 33 single family homes and a
density of 1.92 dwelling units per acre. The subdivision is identified as Beauregard Estates Phase IV.
The Planning Commission recommended approval on May 18, 1989. The proffers are being reviewed
by the Deputy Town Attorney.
Howard Katz representing Carl Bernstein Investment Corporation addressed the Council stating
that this plan has been prepared in conformance with the master plan for Lawson Road and Battlefield
Parkway. The plan provides comparable sized lots to the adjacent Beauregard Estates, Turner Wilson
and Rodgers properties.
On motion of Mrs. Forester, seconded by Mr. Mulokey, Application #ZM-108 by Carl Bernstein
Investment Corporation was referred to the next Planning and Zoning Committee meeting for further
consideration.
•
Aye: Councilmember Forester, Kimball, Lavin, Mulokey and Tolbert
Nay: None
Abstaining from the vote: Mayor Sevila
Mayor Sevila stated that he does not represent Mr. Katz or his firm, but did represent a former
citizen of the Town of Leesburg, before this zoning application came before the town.
Councilmember Comments
Mr. Mulokey stated that he enjoyed participating in the Council, Planning Commission and
citizens meeting with regard to the proposed Capital Homes Subdivision. This is an example of what
can happen when the citizens and the town work together to arrive at a mutually agreeable solution.
319
Minutes of the regular Town Council meeting of July 11, 1989
Mr. Lovin was sorry to have missed the vote on the budget, but is glad that it was approved.
He thanked the Leesburg Volunteer Fire Department for the nice fire works display on Saturday
night. He had an opportunity to attend the Bluemont Concert Series on Sunday evening and said that
it was one of the largest crowds that he had seen.
Mr. Lovin reported on the Saturday Listening Session, stating that Jan Shroder, graduated
number 3 from Loudoun County High School and has a full scholarship to the University of New
Orleans. He also congratulated Joy Hanners and Julie Thill for winning the oral history competition
on General Marshall.
Mr. Kimball stated that tonight, was the beginning of his second year on the town Council.
He thanked his fellow councilmembers for the past year and has enjoyed the experience.
Mrs. Forester personally thanked the rescue squad, emergency room staff and the pediatric
nursing staff at Loudoun Hospital Center for the care they gave her son this past weekend. He woke
up at 4:00 am. on Monday morning and was not able to breath. Because of the great response of all
of these people, Jason is now at home.
Mrs. Forester wished Mr. Tolbert a happy 84th birthday.
Mr. Tolbert had no comments.
Mayor's Report
Mayor Sevila presented a certificate of appreciation to Reg Gheen stating that he and Mr. Gheen
served together on the Town Council in 1982. Mr. Gheen has a long history as a business and now
a retired businessman in the community with a long record of community service. Mr. Gheen filled
a vacancy on the Planning Commiceon and served in an outstanding way, making great contribution
to the whole planning process in the town.
Mr. Gheen stated that he has enjoyed many years in Leesburg and thanks the town Council.
Mrs. Forester said she has served, for the past year, with Mr. Gheen on the Planning
ICommiceon, further stating that he will be missed.
Manager's Report
Mr. Minor noted that the Council did receive a written copy of the Activity Report on Monday.
Legislation
On motion of Mr. Lovin, secondedby Mr. Kimball, the following items were proposed as consent
items and unanimously adopted.
89-0-17 - ORDINANCE AMENDING SECTION 10-162 OF THE TOWN CODE TO REMOVE
REFERENCES TO COURT DATES AND TIMES
WHEREAS, the Town Code currently refers to specific dates and times that the district court hears
parking violations; and
WHEREAS, the dates and times district court hears parking violations change occasionally:
THEREFORE, ORDAINED by the Council of the Town of Leesburg as follows:
SECTION I. Section 10-162 of the Town Code is hereby amended to mead as follows:
See. 10-162. Settlement and compromise of charges for certain parking violations.
(a) Any person accused of parking in a metered area without putting a coin in the
meter to cover the required time may settle and compromise the charge against him for such illegal
parking by inserting $3.00 in the envelope provided for such purpose and depositing the same at such
location as prescribed on said envelope by 12:00 noon of the next calendar day following the day of the
violation or by paying to the town the sum of$7.50
If after ten calendar days from the day of violation has
passed-and the violation remains unsettled, the person accused may settle the violation by paying the
sum of$20.00 to the town.
3
Minutes of the regular Town Council meeting of July 11, 1989
If the violation remains unsettled after twenty calendar days from the day of
violation, a summons will be issued for the accused violator to appear in district court. U }ess-elherwise
solations of subsection 10-150(a)(4) may be compromised
in an identical manner upon payment of the sum of$25.00 to the town.
• (b) A receipt shall be issued for all money received pursuant to this section and such
money shall be promptly turned over to the director of finance to be used in the manner provided for
the disposition of fines for traffic violations.
SECTION H. This ordinance shall be in effect from and after its passage.
89-0-19 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE REGARDING
NONCONFORMING SIGNS
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 that are authorized by the State; and
WHEREAS, on February 14, 1989, this Council initiated an amendment to Sections 8A-9 and 8A-
11(a) of the Leesburg Zoning Ordinance regarding sign regulations; and
WHEREAS, on April 20, 1989, the Leesburg Planning Commission held a public hearing regarding
these proposed amendments; and
WHEREAS, on April 27, 1989, the Commission voted unanimously to recommend these
amendments to the Council for adoption; and
WHEREAS, on June 27, 1989, this Council held a public hearing on these amendments; and
WHEREAS, amendment of these provisions of the Leesburg Zoning Ordinance 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. Sections 8A-9 and 8A-11(a) of the Leesburg Zoning Ordinance are amended as shown
below:
Section 8A-9. Development Standards for Permitted Sign Types
• All new signs and all existing signs which are replaced, reconstructed, extended or changed
structurally o m zent-enf shall comply with the following development standards.
(a) Ground Mounted Sign - Development Standards. •
(1) Road Frontage Requirements. Ground mounted signs shall be permitted only on
zoning loth with 100 feet or more of road frontage.
(2) Minimum Separation Distance. No ground mounted sign shall be permitted to be
erected within 100 feet of an existing ground mounted sign.
(3) Maximum Height. See height restricts
ons
by zoning mug district in Part II below.
(b) Projecting Sign - Development Standards.
(1) Frontage Requirements: 18 feet of ground level frontage.
(2) Angle of Projection: Ninety degrees.
(3) Limit on Projection Five feet or one-third (1/3) the width of the sidewalk,
whichever is less.
321
Minutes of the regular Town Council meeting of July 11, 1989
(4) Projection over Right-of-Way: Permit required as provided in Section 16-27 of the
Town Code.
(5) Minimum Clearance: Nine feet.
(6) Maximum Height: 14 feet, the bottom sill of any second story window, or the
lowest point of the roof, whichever is lowest.
I (c) Wall Sign - Development Standards.
(1) Placement, Generally. No wall sign shall cover, cross or otherwise hide columns,
belt courses or other decorative architectural features of the building, including
balconies.
(2) Maximum Height of Wall Signs. 25 feet, the height of the bottom sill of any second
story window, or the lowest point of the roof, whichever is lowest.
(3) Limit on Projection: 12 inches.
(4) Permanent Window Signs; Additional Restrictions. Permanent window signs shall
be limited in area to 25 percent of the window area or 25 square feet, whichever
is less, and shall be included in the sign area calculations.
Awning. Canopy and Marquee Signs - Development Standards.
Da Location: parallel to the face and not projecting above or below the face of the
awning, canopy or marquee.
Limit on Projection: to within one foot of the vertical placement of curbs, but shall
in no way interfere or obstruct either pedestrian or vehicular traffic. Any sign
which projects over the public right-of-way shall comply with Sec. 16-27 of the Town
Code.
Section 8A-11. Nonconforming Signs.
(a) Non-conforming Signs. Generally. Any sign which was lawfully in existence at the time
of the effective date of this Ordinance which does not conform to the provisions herein, and
any sign which is accessory to a nonconforming use, shall be deemed a nonconforming sign
and may remain except as qualified in paragraph (b), herein. No nonconforming sign shall
be enlarged, extended, or structurally reconstructed, oraltered-.in any-manner
(b) Removal of Nonconforming Signs. Nonconforming signs may remain, provided they re kept
in good repair, except for the following
(1) Damage or Destruction of Nonconforming Sign. A nonconforming sign which is
destroyed or damaged to the extent exceeding 50 percent of its appraised value shall
not be altered, replaced or reinstalled unless it is in conformance with these sign
regulations. If the damage or destruction is 50 percent or less of the appraised
value, the sign may be restored within two years of the destruction, but shall not
be enlarged in any matter.
(2) Damage or Destruction of Use. A nonconforming sign shall e removed if the
structure or use to which it is accessory is destroyed or demolished to the extent
exceeding 50 percent of the principal structure's appraised value.
(3) Change of Use. Whenever a change of use occurs upon a zoning lot which contains
a nonconforming sign, such sign shall not be permitted without being modified in
such a manner as to be in full compliance with these sign regulations.
SECTION II. All prior ordinances in conflict herewith are repealed.
SECTION TEL Severability. If any provision of this ordinance is declared invalid by a court of
competent jurisdiction, the decision shall not affect the validity of the article as a whole or of any
remaining provisions of the Article.
SECTION W. This ordinance shall be in effect upon its passage.
4722 , ,
Minutes of the regular Town Council meeting of July 11, 1989
89-134 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING REGARDING THE
FUTURE ISSUANCE OF GENERAL OBLIGATION BONDS
WHEREAS, the adopted budget for FY 1990 contemplates the issuance of general obligation bonds
to help finance certain capital projects; and
WHEREAS, Section 15.1-171.1, of the 1950 Code of Virginia, as amended, requires a public hearing
on the proposed bond issue prior to the adoption of any initial resolution authorizing the issuance of
bonds:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing pursuant to Section 15.1-171.1 of the 1950 Code of Virginia, as amended,
advertising the Town Council's intention to issue general obligation bonds in the amount of$9 million
dollars during calendar year 1989 and calendar year 1990 to finance the development of Ida Lee Park,
the municipal government center/parking complex, storm drainage projects and airport improvements
is authorized. The notice of public hearing shall be published in the Loudoun Times-Mirror on July 20,
1989 and July 27, 1989, for a public hearing on August 8, 1989, at 7:30 P.M., in the Council Chambers,
10 Loudoun St., S.W., Leesburg, Virginia, 22075.
89-135 - RESOLUTION - AUTHORIZING A NOTICE OF PUBLIC HEARING ON #ZM-107 BY
RICHARD E. WARD
•
RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
A Notice of Public Hearing to consider rezoning application #ZM-107 by Richard E. Ward shall be
published in the Loudoun Times-Mirror on July 20, 1989 and July 27, 1989, for public hearing on
August 8, 1989, at 7:30 p.m. in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia
22075.
89-136 . RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND SEWER EXTENSION PERMITS FOR TAVISTOCK FARMS
OFFSITE SANITARY SEWER
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
Tavistock Farms Offsite Sanitary Sewer.
SECTION II. The extension of municipal sewer for Tavistock Farms Offsite Sanitary Sewer is
approved in accordance with Section 15-9 of the Town Code.
SECTION III. The irrevocable bank letter of credit in a form approved by the town attorney from
Perpetual Savings Bank in the amount of$156,405.00 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
for Tavistock Farms Offsite Sanitary Sewer.
89-137-RESOLUTION-ACCEPTING PUBLIC IMPROVEMENTS,RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS FOR FIELDSTONE APARTMENTS OFFSITE
UTILITIES
WHEREAS, Richmond American, the developer of Fieldstone Apartments Offsite Utilities 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$81,749.00 is released, and a new surety in a form approved by the town attorney
for a maintenance guarantee in the amount of$20,437.00 is approved, and shall be in effect
for a period of one year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument
conveying unto the town all such improvements and easements free of any liens or charges.
89-138 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
UNION COURT SUBDIVISION
323
Minutes of the regular Town Council meeting of July 11, 1989
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
Union Court Subdivision.
SECTION II.The extension of municipal water and sewer for Union Court Subdivision 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, D.C. National in the amount of$188,240.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Union Court Subdivision.
89-139 - RESOLUTION - AWARDING CONTRACTS FOR CHEMICAL SUPPLIES FOR FY 90
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager shall enter into contracts for the purchase of chemical supplies with the suppliers and
at a price shown below:
Chemical Vendor Price
•
Chlorine Delta Chemical Co. $507 ton
Sodium Hypochlorite Prillaman Chem. Co. $0.82 gal.
Calcium Hypochlorite Prillaman Chem. Co. $92.00 cwt
Hydrofluosilicic Acid Robinson Chem. Co., Inc. $10.70 cwt
Hydrated Lime Tilley Chem. Co. $120.00 ton
Potassium Permanganate Prillaman Chem. Co. $121.70 cwt
Ferric Chloride K.A. Steel Industries $167.35 ton
Carbon Prillaman Chem. Co. $36.38 cwt
Sulfur Dioxide Robinson Chem. Co., Inc. $41.00 cwt
Aye: Councilmember Forester, Kimball, Lavin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mr. Tolbert, seconded by Mrs. Forester, the following ordinance was proposed and
adopted.
89-0-19 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SP.EX. 89-1 BY
NORTHERN VIRGINIA ELECTRIC COOPERATIVE
•
WHEREAS, Northern Virginia Electric Cooperative has applied for approval of a special exception
to allow NVEC to erect and maintain a communication tower at their Leesburg District Office located
at 349 East Market Street in the Town of Leesburg and
WHEREAS, a special exception is required to allow a height increase in the B-2 zoning district, as
per Section 1B-6(d) of the Leesburg Zoning Ordinance; and
WHEREAS, the Town Council referred this application to the Planning Commission for their
recommendation on May 9, 1989; and
WHEREAS, no public hearing was required by the Town's ordinance as part of the Planning
Commission's review, and the Planning Commission, concurring with staff, recommended conditional
approval of Special Exception #89-1 on May 18, 1989; and
WHEREAS, the Town Council held a public hearing on this application on July 11, 1989; and
WHEREAS, the proposed use and height are not out of character with existing land use and zoning
in the area. However, reasonable conditions, safeguards and restrictions are appropriate and necessary
to protect nearby properties and the public interest:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia, as follows:
SECTION I. Special Exception application #89-1 is hereby approved with the following conditions:
1. The proposed microwave communication tower or pole shall be located as shown on the property
plat submitted by Northern Virginia Electric Cooperative as revised April 28, 1989.
J2
Minutes of the regular Town Council meeting of July 11, 1989
2. The proposed microwave communication tower or pole shall be limited to eighty-two (82) feet in
height. Any enlargement, increase, or extension of this use shall require separate special exception
approval.
3. The microwave dish antennae shall not exceed six (6) feet in diameter. Furthermore, the dish
antennae shall be of non-combustible and corrosive-resistant material and shall be erected in a
secure wind resistant manner based on an adequate stress analysis. As approved, the dish
antennae is not intended to be installed on a portable or moveable device, but on a stationery
concrete pole (CL 671).
• 4. Construction or operation shall commence within one (1) year of the date of this approval by I.
Council, or the approval will be void. Construction shall conform to applicable Uniform Statewide
Building Code and Federal Communications Commission standards.
Mr. Kimball stated that in his opinion the town is transmitting a contradictory message to th.
community by establishing an antenna farm in an area of close proximity to a shopping district. Th
height of this tower borders on visual pollution. For this reason Mr. Kimball will not endorse this
ordinance.
Mayor Sevila responded to Mr. Kimball by recognizing his concerns with respect to visual aspects
of the antenna, but Leesburg must recognize that a very important local and regional public utility has
chosen Leesburg as its corporate home headquarters. The only way to retain business of this kind is
to sometimes make sacrifices. This is an important communication facility for the Northern Virginia
Electric Cooperative. Mr. Kimball stated that the town is headed in a certain direction with antennas
and towers and it causes him concern.
Aye: Councilmember Forester, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: Councilmember Kimball
On motion of Mr. Lovin, seconded by Mr. Kimball, the following resolution was proposed and
unanimously adopted.
89-140 - RESOLUTION ESTABLISHING AN AD HOC CITIZENS ADVISORY COMMITTEE TO
ASSIST THE COUNCIL WITH THE REVIEW OF THE PROPOSED CONSOLIDATED
COMMERCIAL ZONING DISTRICT REGULATIONS AND MAKING APPOINTMENTS
THERETO
WHEREAS, Leesburg's Zoning Ordinance has not been comprehensively updated since 1959; and
WHEREAS, the 1959 zoning ordinance was enacted when Leesburg was a small, rural community
of 3,000 people; and
WHEREAS, today Leesburg is a 11.55 square mile community and the third largest town in
Virginia, with a population in excess of 18,000, representing a major growth center within the Greater
Washington Metropolitan area; and
WHEREAS, since 1984, Leesburg has been administering two zoning ordinances; and
WHEREAS, Leesburg's 1984 county/town Annexation Agreement and Court Order require the
town to prepare a consolidated zoning ordinance for the expanded town; and
WHEREAS, another principal purpose of the revised zoning ordinance is to fulfill the land use
goals and objectives and implementation program contained in the award winning Town Plan 1986, as
amended; and
WHEREAS, comprehensive revisions have been underway to the Leesburg Zoning Ordinance
during the last five years; and
WHEREAS, the commercial district and residential district regulations represent the last major
components of the consolidated zoning ordinance; and
WHEREAS, these amendments were initiated by the Town Council in September of 1988; and
WHEREAS, the Planning Commission's work during the last three years resulted in modifications
to the original Council initiated ordinance to include the elimination of conditional uses and the
expansion of some special exception uses, as well as a revised
special exception process; and •
WHEREAS, this revised ordinance was then reinitiated by the Council at the Planning
Commission's request on February 14, 1989; and
�s
Minutes of the regular Town Council meeting of July 11, 1989
WHEREAS, the Planning Commission has conducted a formal public hearing as well as subsequent
meetings which have afforded a large group of Leesburg's citizens, business owners and others an
opportunity to comment on this ordinance; and
WHEREAS, the manager's office and planning staff have evaluated all oral and written testimony
concerning the proposed ordinance and proposed major revisions to the public hearing version of the
document to include many of these comments; and
WHEREAS, this revised draft ordinance was the subject of a public roundtable meeting on June
24, 1989, with over 100 persons in attendance; and
WHEREAS, additional comments and suggestions were heard at that meeting, which this Council
intends to'consider in its initial modifications to the draft ordinance to be published July 25, 1989; and
WHEREAS, this Council desires to create a citizens advisory committee to facilitate further review
of the revised ordinance by a diverse group of business, civic, professional and neighborhood leaders; and
WHEREAS, this citizens advisory committee will provide the Council with an additional perspective
to ensure this document is consistent with good zoning practice, urban design and community values,
as well as to measure its impact on existing and future business development; and
WHEREAS, a future public hearing on the revised ordinance will be scheduled, following the
Council's acceptance of the report of the citizens advisory committee:
THEREFORE, RESOLVED by the Council of the Town'of Leesburg in Virginia as follows:
SECTION I. An ad hoc committee to be named "Citizens Advisory Committee on the
proposed Commercial District Regulations" is hereby created. The major purpose of this committee is
to furnish the Town Council with a written report on or before September 26, 1989, with
comments on the Council's amended draft commercial district regulations, as of July 25, 1989.
SECTION H. The following individuals are appointed to serve on this citizens advisory committee:
Thomas Donnelly Rose Garrett
Donald S. Caruthers Rowland Carlson
Beckham W. Dickerson, Jr. Hubbard C. Turner
C. Terry Titus Patricia Muir
Jane Fellows Fred Williams
SECTION III. Serving as non-voting members on the advisory committee are Robert E. Sevila
from the Leesburg Town Council and Carl Johnson from the Leesburg Planning Commission,
Mr. Lovin proposed the ten names for the ad hoc citizens advisory committee.
Mrs. Forester stated that there were over 50 interested people desiring to serve on this
committee.
Mayor Sevila explained that the Council was looking for qualified individuals with broad interests
who would be able to consider the proposed ordinance with varying prospectives and make good
recommendations to Council.
Aye: Councilmember Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Mayor Sevila asked that item 10(e) be referred back to the Administration and Public Works
Committee for further discussion.
On motion of Mr. Kimball, seconded by Mr. Lovin, the following resolution was proposed and
unanimously adopted.
89-141 - RESOLUTION- INITIATING THE ADOPTION OF THE ROUTE 7 CORRIDOR STUDY PLAN
WHEREAS, the Virginia Department of Transportation prepared the Route 7 Corridor Study Plan
on March 16, 1988, for review and adoption by both the Town of Leesburg and the County of Loudoun;
and
WHEREAS, the Route 7 Corridor Study Plan, which extends from the Route 7/15 Bypass east to
the corporate limits at Route 653, is generally reflected on the Transportation Policy Map of the 1988
326
Minutes of the regular Town Council meeting of July 11, 1989
Town Plan, as amended; and
•
WHEREAS, the Town Council by Resolution #8741 dated February 25, 1987, formally requested
the Virginia Department of Transportation to designate Route 7 from the Route 7/15 Bypass to the
eastern corporate limits of Leesburg as a limited access facility as part of the recommended limited access
designation for Route 7 from the Bypass to Route 28; and
WHEREAS, the County of Loudoun Board of Supervisors adopted the Route 7 Corridor Plan, as
amended, exclusive of the portions of the plan within the Town of Leesburg, on October 3, 1988; and
WHEREAS, the Town's consultant, }Camber Engineering, Inc., has successfully completed the East
Battlefield Parkway Alignment Study Addendum, which has clarified the location of the intersection of
Battlefield Parkway (Route 654) and Route 7, approximately one mile east of the Route 7/15 Bypass;and
WHEREAS, on July 6, 1988, the Planning Commission recommended adoption of this alignment
to the Council; and
WHEREAS, adoption of the Route 7 Corridor Study Plan a serve as an important planning tool
for the rapidly developing eastern quadrant of Leesburg, and will serve to implement the goals and
objectives of the Town Plan:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia, as follows:
SECTION I. Adoption of the Route 7 Corridor Study, as prepared by the Virginia Department of
Transportation, is initiated by the Town of Leesburg.
0
SECTION H. Upon adoption, should the Route 7 Corridor Plan vary from the conceptual
Transportation Policy Map element of the 1986 Town Plan, as amended, the Town Plan shall be
amended to reflect the adopted Route 7 Corridor Plan.
SECTION III. This study shall be referred to the Planning Commission for public hearing and
recommendation to the Town Council. The Planning Commission shall respond within 60 days of the
public hearing date. .
Aye: Councilmember Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of Mrs. Forester, seconded by Mr. Tolbert, the Leesburg Town Council cancelled the
August 16, 1989 Committee meetings, August 19, 1989 Listening Session and the August 22, 19:0
regularly scheduled Council meeting.
Aye: Councilmember Forester, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
On motion of and duly seconded the meeting was adjourned.
Robert E. Sevila, Mayor
Town of Leesburg
•
Clerk of Council