HomeMy Public PortalAbout1990_02_1335
MINUTES OF THE REGULAR MEETING OF ~ LEESBURG TOWN COUNCIL
February 13, 1990
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia on February 13, 1990 at 7:30 p.m. The meeting was called
to order by the Mayor, with the invocation given by Mr. Tolbert and the Salute to the Flag led by
Councilmember Kimball. Present were: Mayor Robert E. Sevila, Councilmembers James E. Clem,
Christine M. Forester, William P. Mulokey and John W. Tolbert~ Jr. Absent was Councilmember
Claxton E. Lovin. Also present was: Town Manager Jeffrey H. Minor, Assistant Town Manager
Steven C. Brown, Director of Engineering and Public Works Thomas A. Mason, Director of Finance
Paul E. York Traffic Engineer Calvin Grow, Planner Peter Stephenson, Public Information Officer
Susan Farmer and Deputy Town Attorney Deborah Welsh. Also present were Planning Commissioners
Mervin Jackson, Carl Johnson, Fred Williams, Ann Darling and Clifton Vaughan.
Mr. Minor gave a brief update on Ms. Rosen's condition after being struck by a vehicle on
Thursday, February 8. He said that Ms. Rosen visited the town office today and is in good spirits and
thankful to be alive.
On motion of Mr. Tolbert, seconded by Mr. Mulokey, the minutes of the regular meeting of
January 23, 1990 were unanimously approved.
Aye: Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila
Nay: None
Absent: Councilmember Lovin
Petitioners
Mr. William Fiske, a resident of 133 Prospect Drive and representing the Northern Virginia
Electric Cooperative in Leesburg, addressed the Council. The cooperative has a problem with Section
13-76 entitled Easements in Leesburg's Subdivision and Land Development Regulations. He referred
to back property underground lines. The cooperative must charge the consumers the cost difference
between overhead and underground lines that serve them. He explained that in some cases, as many
as three different utility lines, are installed along side of homes in subdivisions. This creates quite a
problem and the cost is passed on to the consumer. Homeowners tend to install many backyard
conveniences in the right-of-way. The cooperative feels that it would be better for the consumer to have
these utility easements in the front of their yards.
Mayor Sevila asked that Mr. Minor appoint a member of town staff to look into this matter.
This item will be further discussed at the Administration and Public Works Committee meeting of
March 7, 1990.
Mr. Kimball asked if Virginia Power was experiencing the same problems. Mr. Fiske said yes.
Mr. Gary Samuels, a resident of 15 Morven Park Road and a business owner on Cardinal Park
Drive, addressed the Council with regard to the VDOT Route 7 Corridor Plan. He read the following
letter into the record.
On February 7, 1990 1 attended the work session of the Planning and Zoning Committee of the
Town Council, at which time the staff presented its final report on the Route 7 Corridor Plan. I would
like to take this one last opportunity to point out what I feel are discrepancies in this plan and to clarify
my position.
One, I feel that the msjority of the Route 7 corridor should be limited access. However, the
Battlefield Parkway presents a natural demarcation point and it would be highly desireable to provide
a transition zone to buffer the urban section of Route 7 on the west side of the Bypass. This transition
zone would be a minimum access section with a reduced speed limit. This is in contrast to your plan
to terminate a six lane expressway (freeway) within several hundred feet of the urban section of East
Market Street.
Two, the implementation of the above concept requires that a new west bound spur of Route
7 be planned that would take the commuter traffic from a point east of the Battlefield Parkway directly
to the Dulles Toll Road. Hopefully, all commuter traffic could be directed all the way around Leesburg
eventually to a point on Route 7 west, near Route 9. This is the BIG PICTURE.
The staff has suggested that their plan is a long range plan for the greater benefit of all
Leesburg citizens. I think that st~t~ and councilmembers who agree are taking a very short sighted
view, and this may be your biggest mistake. I believe you are missing the really BIG PICTURE, i.e.,
you "can't see the forest for the trees'.
The cause of our traffic problems in the future will be tremendous pressure that commuter
traffic will place on our road network The Leesburg bypass is the neck of the hour glass. How we
36
IVIINUTES OF FEBRUARY 13, 1990
route commuter traffic around Leesburg will be one of the major keys to the quality of life in Leesburg
in the future.
Three of the councilmembers spoke in favor of the proposal as presented by VDOT and the
staff. I would like to point out what I feel are misconceptions on their part. First of all you seem to
feel that there will be acceptable levels of service C on all sections of Route 7. This will not be true.
The section of Route 7 where it intersects the bypass will continue to function at a level F. Yes, we
do plan to improve this intersection with additional loops, however, the west bound loop is already in
place as well as the on-ramp for Route 15 north, therefore, there will be no significant vehicle handling
capacity added in those critical directions to handle the evening rush hours. Yet we plan to add a third
lane and increase the volume of traffic by at least one third. Common sense tells us that this means
trouble.
Has VDOT guaranteed to the Town of Leesburg that this new improved intersection will be able
to handle the traffic volumes projected and still function at a C level of service? I don't think so. In
fact, it has not been made clear to me that VDOT has even done a realistic traffic analysis of the
impact a six lane expressway will have on that intersection. An I have heard is that traffic congestion
will get only worse if they don't do something. This is not a complete answer. Of course traffic will
get worse in the years ahead. The answer to increased traffic volume is the BIG PICTURE. A new
Route 7 spur is needed to get commuter traffic to the toll road and beyond.
Other objections included concerns regarding the hour glass effect that a transition zone would
have on traffic. Traffic would be squeezed down (slowed down) and then speeded up again once it was
through the Route 7/15 bypass intersection. The reality of the situation is that traffic will be squeezed
and slowed down anyway because of the congestion at the interchange and the backups on the 7/15
bypass. The BIG PICTURE answer is build a west 7 spur connector directly to the Dulles Toll Road
and even beyond, if possible, to direct traffic around Leesburg. This new road would begin somewhere
to the east of Battlefield Parkway interchange.
Another objection was that a transition zone between the Battlefield Parkway and the Route
7/15 bypass would result in commuter traffic using the parkway which is not the primary intent of this
road. I agree. However, making that last one mile stretch of Route 7 between the Battlefield Parkway
and the bypass limited access, does not solve the problem.
Backups on the bypass due to toll road traffic and heavy volume on Route 7 will result in
almost dally backups at the Route 7foypass interchange. Commuters will quickly learn to use
Battlefield Parkway to bypass the congestion. The BIG PICTUR~ answer is to build a new Route 7
spur for west bound commuters.
In closing I would like to point out that the inner circle of Leesburg is nearing its maximum
density. Most of our new growth win occur outside the bypass in places like Stratford, Tavistock,
Potomac Crossing and many others, etc. These new citizens will be using the Battlefield Parkway as
their primary access point. In fifteen years, ninety percent of the traffic volume that will be using the
one mile stretch of Route 7 between the Battlefield Parkway and the bypass will not be Leesburg
citizens, they will be we~ south and north bound commuters. Why do we find it necessary to subject
ourselves to the inevitable traffic headaches that will result from dumping the traffic from a six lane
expressway at the traditional entrance to our town.
Doesn't it make sense to ask VDOT to plan a new Route 7 spur to route commuters around
Leesburg?
These traffic issues will become campaign issues in the spring and in the years ahead. Please
consider before you vote WHO BENEFITS? LEESBURG CITIZENS?
Mr. Samuels asked to amend some of the wording on the proposed draft resolution. In
SECTION II, last line to read - Further, existing access and entrances along Route 7 within the Town
of Leesburg ..~."-y will be retained until such time as equitable alternative access from Route 7 to the
property owner is provided.
Mr. Patrick Cassidy, a resident of 304 Babson Circle and a landowner on Route 7, addressed
the Council regarding the VDOT Route 7 Corridor Plan. He understands that any access problem that
may occur will be addressed sometime in the future. He perceives the plan to just put another lane
on Route 7 with a couple of cloverleaves, with some access roads. He sees a real problem with that.
We are talking about a long term situation. Between 80 and 90~ of the commuter traffic will be intent
on getting around the Town of Leesburg. The corridor plan win make these commuters come into the
town, instead of going around. Some alternative has to be provided so that the people that want to go
around the town have the option to do that and the people that want to do business in Leesburg have
the option to come into town. There will be millions of dollars spent on these cloverleaves. By the
time that we build these, it will not solve the problem. We will still be in a gridlock "F" condition.
At 4:30 p.m., coming out of my driveway on Route 7 a mile east of Leesburg, we are essentially in a
gridlock "F" situation. We need to come up with a plan that win make a &ifference instead of being
in a gridlock type scenario. A "Y" road starting at the town limits, connecting into Route 15 north and
Route 7 west, would work. As for the quality of Leesburg - we do not want 90% commuter traffic in
a gridlock condition, with the 10% of the people that would just like to come into town to do business.
We can do better than what we are doing. Most of the people in the audience do not think that this
is the best plan.
37
M/NUTES OF FEBRUARY 13, 1990
Mr. William Henry, a resident of 29 Phillips Drive read a petition to the Council concerning
the Georgelas rezoning.
We the residents of Leesburg are opposed to the rezoning application ~ZM-114 by Georgelas
& Sons. To allow 144 houses, as opposed to the original plan of 78 houses, would create too much
traffic, congesting our quiet neighborhood; would destroy a wetland area; create a flooding problem that
would threaten the Morven Park property; and increase the level of pollution in stormwater runoff.
This petition has been signed by 253 people. We realize that this application is presently before
the Planning Commission, however, the Council will have the ultimate disposition. It concerns everyone
deeply and we look forward to working with both the Planning Commission and the Council to address
the application and the responsibilities to the citizens.
Joint Public Hearing. Rezoning Application #ZM-116 Stratford in Leesburg
Mr. Minor reported on some matters that took place this evening at the Board of Supervisors'
room. The Mayor alerted Mr. Minor, today, that the Board of Supervisors would be conducting a public
workshop with the representatives of Lausdowne, Ashburn Village and Stratford projects. Basically,
relating to a discussion of the issues that the Staubach Company had developed in their
recommendation to the board on which of the three proposals would be the best to house a consolidated
county government complex. The town was happy to participate with representatives from Stratford
to develop some testimony for the Board of Supervisors. One principal issue that the town focused
on was transportation. The Board was concerned that Battlefield Parkway was a road principally based
on conjecture. The graphic and additional data prepared by the town, demonstrates that with the
exception of the Rehau property, the town will have all of the right-of-way and all of the 4-lane section
of construction for Battlefield Parkway from Route 15 all the way around to Route 15 again, by the year
2000. The major part of Battlefield Parkway through to Route 7 will be finished within the next 5/6
years. Another concern is that the Leesburg Airport would be detrimental to the county site based on
noise and/or based on potential lack of acceptable separation of aircraft and the top of the building.
We believe through a letter from the Mayor and from direct testimony from George Paris, as well as
from the FAA, that the FAA relies on the clear zone. In regard to noise, it has been determined that
any noise from the Leesburg Airport would not be any greater than noise attributable to Dulles airport
that would impact the Lansdowne or Ashburn sites. The town is in a dual track, looking at this
application from a land use perspective, looking at it in terms of what the implications are for the town
and at the same time doing all that we can to make sure that the county government does not take
the economic engine and put it east of Goose Creek.
Mr. Peter Stephenson stated that this was a joint public hearing. The original rezoning of
Stratford in Leesburg was approved on June 22, 1988. The plan was approved for Planned Residential
Community (PRC) which included 1,300 dwelling units and a mixed use center of 350,000 square feet.
This plan also dedicates a high school site, known as the Orchard tract. Also a day care center, church
site and fire and rescue site. Right-of-way was dedicated for the toll road extension and the Battlefield
Parkway alignment. The second component on the original rezoning was a Planned Employment
Center (PEC). A 1,085,000 square foot employment center was approved at a Floor Area Ratio (F.A.R.)
of .40. This amendment and rezoning plan modification is driven in two respects. The first is the
county government complex proposal that Stratford in Leesburg is vying for. Another important town
goal that the applicant is trying to facilitate is the Instrument Landing System (ILS) at the airport.
The clear zone that was dedicated as part of the original rezoning was approximately 18 acres. With
the ILS modifications, the clear zone has increased dramatically to over 50 acres. The overall number
of dwelling units within the PRC is proposed to increase from the approved 1300 to 1430. The church
site is proposed for deletion, the day care site remains, and the fire and rescue site remains. The mixed
use center approved for 350,000 square feet, is proposed to increase to 430,000 square feet total. As
a result of the county government proposal, the PEC is proposed to increase from 1,085,000 square feet
to approximately 1,550,000 square feet, an increase from .40 F.A.R. to approximately .50 F.A.R. The
requests, in both cases, are permissible in the ordinance. Staff received, prior to the meeting tonight,
additional amendments to the proffers. As part of this application, the applicant does propose to
construct four lanes of Sycolin Road to Battlefield Parkway. The applicant will also provide some
additional improvements at the By-pass intersection with Sycolin Road.
Mr. Clem asked who determined the increase for the clear zone. Mr. Stephenson stated that
it is one of the results of the Airport Master Plan update. Mr. Minor stated that the clear zone is the
maximum that the town will require for the ultimate development of the airport. It will accommodate
corporate jet aircraft, etc.
Mayor Sevila asked Mr. Stephenson to describe the current mixed use center shown as of June
22, 1988 and how it differs from what is currently being proposed. Mr. Stephenson explained that the
approved rezoning plan for Stratford indicated the mixed use center at 350,000 square feet, which is
the maximum. The proposal is for a 435,000 square foot mixed use center. This is in excess of 85,000
square feet, of the Town Plan recommendation. The Mayor asked if there was a suggested ratio
between commercial and office in the 435,000 square foot total. Mr. Stephenson said that the ratio in
the Town Plan is 250,000 for retail at a maximum of 350,000 and 100,000 square feet for office. The
retail has not increased.
Mr. Kimball asked, with the expansion of the clear zone encompassing a portion of the toll road,
would the toll road be lighted. Mr. Minor said undoubtedly it would be a lit facility and all of the work
MI~rUTES OF FEBRUARY 13, 1990
that has been d~ne has evaluated the toll road in conjunction with the new dear zone, and in
conjunction with the parking at the retail center. The FAA does not want a congregation of people.
In terms of roads and parking that is generally acceptable to the FAA for introduction into the clear
zone. What is not acceptable is office buildings, residential uses, etc. There will be no conflict between
the dear zone and any type of lighting. Mr. Kimball said that this may be a good opportunity to
employ overlays on this type of graph, for all to see to scale, exactly where the noise footprints lie. He
would like to see it superimposed on this chart. Mr. Stephenson said he could do that.
Ms. Aoril Young. Senior Vice President of NVR Development addressed the Council. If we are
not successful in acquiring the government center we would be delighted to enter into a discussion
about long term versus short term. Peter Stephenson has summarized our request very dearly.
Mr. Tom Nails, representing Evergreen Mills Investment addressed the Council stating that
proper ads have been placed in the newspaper, the property has been posted and mailings to abutting
landowners have been accomplished. The clear zone has expanded 300% of the original estimate. In
the event Stratford is not chosen for the government center, a plan B has been placed in the proffers,
which is a lower density, both in residential units and office space. The project has some densification
from the original application. It is a cost sensitive project because of the competition that this
application is involved in - we are seeking credits that we did not seek initially. Council will have to
determine whether it is an appropriate mix.
Mr. Fred B. Hetzel, a resident of 218 Cornwall Street addressed the Council. He belongs to
a partnership that is a contiguous property owner of the Stratford project. He referred to an open
space just to the north of the Stratford property. The property that we own is referred to as the
Echols/Cornwall property - known as the Sycolin Partnership. The open space impacts the property
that we own in the sense that there are buffer restrictions or setbacks that revolve around the zoning
of the property that is next to you. In this particular case, the property to the south of our property
is planned office and residential. If the property in the open space did not have any zoning it would
create a situation where the buffer restriction or setback on our property would be less than what it
is right now. If I were asked what the alternative would be for that open space, in terms of how it
impacts our property, I would say the ideal situation would be if it had no zoning at all and would
require a zero setback line. Or it might be zoned B-1 or B-2, as our property is zoned, so that it would
be contiguous. Or third, as an alternative, perhaps it would be planned for office only rather than
planned office and planned residential. If the Council could look into this, perhaps there would be an
alternative that would create a less negative impact on our property as it refers to the setbacks that
are required by the town.
Col. Grenata, a Leesburg resident addressed the Council offering to assist the Council in anyway
in supporting the Stratford location as a site for the county complex.
Mr. Templar Titus, a resident of Mason Lane asked if the approach/landing patterns of aircraft
would change at the airport. Mr. Minor explained that the Airport Commission has recently
recommended a change in the standard right pattern to a standard left pattern, so that takeoffs heading
north would go left and not right. The town's consultants have said that this is not necessary in order
to insure safety and noise limitations. The Mayor told Mr. Titus that it would be beneficial to look at
the updated Airport Master Plan. Mr. Titus asked that the Council enforce the Wwn's regulations.
Mr. Minor said that the enforcement of the flight pattern is an FAA responsibility.
The Planning Commission had no questions for staff or the applicant on the Stratford rezoning.
The public hearing was dosed. Mayor Sevila said the Council will receive public comment in
writing for a period of ten days. On motion of Mr. Clem, seconded by Mr. Tolbert, this matter was
referred to the Planning and Zoning Committee of March 21, 1990.
Aye~
Nay:
Absent:
Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila
None
Councilmember Lovin
Councilmember's Comments
Mr. Mulokey was delighted to hear Mr. Potter and Mr. Emmet of the Loudoun Healthcare
Center say that they will reconsider their plans to move outside of Leesburg and to form a working
group with the town to discuss problem areas that might cause them to want to move outside the town
limits. He asked Mr. Minor to include, as an action item on Ms manager's repo~ a list of issues that
the hospital/working group determines are things that the town needs to get resolved and to keep these
things in the Council's eye and the public's eye.
He enjoyed attending the public meeting on the Georgelas subdivision. It was an excellent
opportunity to hear people voice their views of what the government can and cannot do for them. He
was impressed by the frankness and openness of the questions and the town staff's response to them.
He looks forward to continuing with this sort of open dialogue with the citizens with respect to this
rezoning.
Mr. Clem also applauds the citizens who were present at the Georgelas meeting. It was very
informative.
He attended the Armory dedication on Saturday. It is was very enlightening. It is a beautiful
39
MINUTES OF FEBRUARY 13, 1990
complex and will 'serve the community well.
He thanked Mr. Minor on the update of Dot Rosen. He is glad to hear that she is doing well.
Mr. Kimball had no comment.
Mrs. Forester thanked the Planning Commission and staff for putting the Georgelas meeting
together. She looks forward to staff's response and continued meetings with the citizens.
She and Mr. Tolbert attended the Saturday Listening Session.
She congratulated the employees that received performance awards. This is an opportunity that
the town has in recognizing these employees.
Mr. Tolbert had no comment.
Mayor's Report
Mayor Sevila had a meeting with someone from the Census Bureau who asked that we assist
the Census Bureau in their census taking project this year. They are actively recruiting part time and
full time employees during 1990. Additional information is available from Public Information Officer
Susan Farmer. Interviews will be conducted on Friday, February 16 at 10:00 a.m., in the county
administration building.
He received information from Kings Dominion asking the town to take advantage of Public
Park and Recreation Days at Kings Dominion. This information was forwarded to Gary Huff.
On motion of Mr. Tolbert, seconded by Mr. Clem, the following Proclamation was proposed and
unanimously adopted.
PROCLAMATION
VOCATIONAL EDUCATION WEEK
February 11-17, 1990
WHEREAS, the Congress of the United States and the Commonwealth of Virginia have
recognized the imperative need for vocational education; and
WHEREAS, the theme for Vocational Education Week~ February 11-17, 1990, is "Vocational
Education: It Works"; and
WHEREAS, vocational education allows individuals the opportunity to gain the competitive edge,
giving them a lifetime of personal satisfaction and occupational growth and productivity; and
WHEREAS, vocational education stimulates the growth and vitality of Leesburg's business and
industry and those of the entire nation by providing a skilled work force; and
WHEREAS, a strong vocational education program, planned and carried out by trained
vocational educators, is vital to the future economic development of our country and the well-being of
its citizens;
NOW, THEREFORE, BE IT RESOLVED, that the Town of Leesburg does hereby proclaim
February 11-17, 1990, as Vocational Education Week and urges all citizens of this community to visit
and become f~miliar with the services offered by our local vocational education program for the benefit
of the town and each citizen.
Aye:
Nay:
Absent:
Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila
None
Councilmember Lovin
Mr. Clem said that the VoTech center in Leesburg is an outstanding organization.
He hopes that the school board will bring fire and rescue training classes into the VoTech center.
Mrs. Forester said that the VoTech's annual open house is scheduled for Thursday evening.
Mayor Sevila said that he and Mr. Tolbert attended the employee's luncheon. It was the largest
group of employees so honored by the town in the eight year history of the awards program. It was
an opportunity to th~nk a lot of employees many of whom are not generally seen or who rarely come
in contact with the public but who are efficiently doing their job.
Mayor Sevila officially stated that he does intend to seek re-election in the coming May elections.
This is a critical time in the town's history with so many things coming to a head. Some of the
projects included are the zoning ordinance, the discussions of the potential move of the county
government from the Town of Leesburg. This is a serious threat and I want to be involved in and do
my best to help this town and the citizens of this town to convince the county that it is the wrong
move. This is also true with the hospital. In 1990, we hope to complete the new office building, the
40
MINUTES OF FEBRUARY 13, 1990
parking structure and complete the improvements at Ida Lee Park. I want to be a part of the
completion of ail of these projects.
Manager's Report
Mr. Minor said that the Council received a written ActiviW Reuort on Monday. We were
informed today from Ralph Stanley of the Virginia Toll Road Corporation (VTRC) that by April 17,
1990 the State Corporation Commission has directed its staff to make a recommendation on whether
a certificate should be issued to the VTRC to construct and operate the toll road extension.
Doug Taylor and Susan Farmer are working on a new show called Looking at Leesburg. It is
on Cable Television and airs daily at noon and 7:00 p.m. on channel 37.
Virtually every jurisdiction in Northern Virginia publish either a calendar or an annual report.
Leesburg, for the past two years, has budgeted funds to publish an Annual Report but have been
unable to. This year, with the help of Susan Farmer and Mouncey Ferguson, we have been able to
develop an annual report. We look forward to presenting this report to the Council and making it
available to the business community and others as a way to promote our town.
Leesburg has been named Tree City USA by the National Arbor Day Foundation.
In regards to the Georgelas rezoning meeting. One of the concerns brought up at this meeting
was water pressure. At the February 21, Administration and Public Works Committee meeting, we will
have a recommendation for a firm to do work in this area that will help water pressure in the Fox_ridge
area, Fairview area, etc. As a result of the Georgelas meeting, a new line of communication was
developed. We have our planning, engineering, and utilities departments ail working to develop a
response to some of the concerns raised.
Mr. Mulokey said that Paul Gauthier and Fat Imhoff deserve applauds for their hard work and
frank and honest answers to the citizens questions. Mr. Mulokey was proud to be a part of this town's
government when the citizens were addressed.
Legislation
On motion of Mr. Clem, seconded by Mr. Tolbert, the following ordinances and resolutions were
proposed as consent items and unanimously adopted.
90-0-3 - ORDINANCE - AMENDING TIlE COMPENSATION FOR MEMBERS OF THE BOARD OF
ZONING APPEALS AND THE BOARD OF ARCHITECTURAL REVIEW
WHEREAS, the adopted annual budget for the Town of Leesburg proposed a $50.00 per month
increase in compensation for members of the Board of Zoning Appeals; and
WHEREAS, the adoption of the H-2 corridor overlay district regulations will increase
substantially the workload of the Board of Architectural Review and require them to meet twice per
month; and
WHEREAS, this Council desires to adopt legislation which would authorize these increases:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Sections 2-88 and 2-89 of the Town Code are hereby amended to read as follows:
Section 2-88. Board of Architectural Review.
Compensation of members of the town board of architectural review, after September
1, 1986, March 1, 1990, shall be $600.00 $1200.00 per annum, payable in equal monthly
installments.
Section 2-89. Board of Zonine Appeals.
Compensation of members of the town board of zoning appeals, after September 1, 1986,
shall be $600.00 $1200.00 per annum, payable in equal monthly installments.
SECTION II. This ordinance shall be in full force and effect from and after its passage.
90-0-4 - ORDINANCE - AMENDING SECTION 11-17 AND SECTION 11-17.1 OF THE TOWN CODE
TO INCLUDE ADDITIONAL NOISE PROHIBITIONS
WHEREAS, under the current town code, valid noise complaints cannot be properly answered
by law enforcement personnel; and
WttEREAS, the Assistant Commonwealth's Attorney and the town Police Chief have
recommended that the town expand its prohibition against excessive noise; and
WHEREAS, the Deputy Town Attorney has determined that enabling legislation in the state
A1
MINUTES OF FEBRUARY 13, 1990
code authorizes the adoption of these amendments:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 11-17 and 11-17.1 of the Town Code are hereby amended to read as
follows:
Sec. 11-17. Noise prohibitions.
(a) No person shall make, continue, or cause or permit to be made or continued, any
excessive, unnecessa .ry or unusually loud or otherwise unreasonable noise, which annoys, disturbs,
iniuries or endangers the comfo~ repose, health, peace or safety of other persons in the town.
Acts in violation of this section include, but are not limited to, the following.
Operating or using any musical instrument, radio, television, phonoeraoh, tape player,
loudspeaker, amplifier or other similar machine or device, other than as permitted in
Section 11-16 of the Town Code, between 12:00 p.m. and 8:00 a.m. of the following day,
in such a manner as to be audible at any point beyond the property, line of the premises
from which such noise is emanating, or if the noise is emanating from a vehicle, at a
distance of fifty feet from such vehicle~
Ooerating. using or permitting the operation of use of a steam engine or combustion
engine, including, but not limited tot motor vehicles, motor boats and tractors, between
10:00 p.m. and 6:30 a.m. of the following day, in such a manner as to disturb the peace,
quiet, repose or comfort of neighboring inhabitants; and
Operating, using or permitting the operation or use of any other machine .fy, equipment,
pump, fan or similar mechanical device, not covered b.y paragraph (b)(2) hereof, whether
for industrial, business or household purposes, between 10:00 p.m. and 6:30 a.m. of the
following day, in such a manner as to disturb the peace, quiet, repose or comfort of
neighboring inhabitants.
Violators shall be euil ,ty of a misdemeanor and, on conviction, punished by a fine in any sum
up to $1,000 or confinement in jail not to exceed 30 days.
(b) Exceptions. This section does not apolv to noise emanating from an agricultural
operation, as defined in the Right to Farm Act, Chapter 4.5 of Title 3.1 of the Code of Virginia, as
amended, or to an emergency vehicle which causes noise in the performance of emergency work.
(c) Abatement of Nuisance. In addition to the penal .ty provided in paragraph (a), the
olaving, use. operation or maintenance of any device, instrument, vehicle, machine .fy or equipment in
violation of any of the provisions of this section, thereby resulting in the production of noises which
causes discomfort or substantial annoyance to persons of normal sensitivity or which endangers the
comfoRt, repose, health or peace of residents in the vicinity of the source of such noise, shall be deemed
and is hereby declared to be a public nuisance and may be subiect to abatement summarily by a
restraining order or injunction issued by a court of competent iurisdiction.
SECTION II. Ail prior ordinances and resolutions in conflict herewith are repealed.
SECTION IH. This ordinance shall be effective upon its passage.
Mr. Kimball said that what is normal sensitivity to him may not be normal sensitivity to
someone else. He asked if this ordinance would give opportunity for debate and does this include
airplanes.
Mr. Brown stated that both the Chief of Police and the Commonwealth Attorney indicated that
the appropriate ordinance to adopt is the county's existing noise ordinance. This gives them the
opportunity to enforce when they are faced with a noise complaint~ The Mayor noted that the town
does have an existing noise ordinance. He asked if this proposed ordinance is within the limits of
MIN TF_.S OF FEBRUARY 13, 1990
appropriate state-enabling legislation. Deputy Town Attorney, Mrs. Welsh said that this would be
determined on a case by case basis.
90-13 - RESOLUTION - TERMINATING THE LEASE WITH FARRIS SADAK FOR THE BUILDING
AT 6 AND 8 LOIJ'DOUN STREET AND MAI/lNG AN APPROPRIATION
WHEREAS, construction on the municipal parking facility will require the removal of the
building at 6 and 8 Loudoun Street, SW; and
WHEREAS, the current tenant, Farris Sadak, holds a lease with the town that does not end
until December 16, 1992; and
WHEREAS, Mr. Sadak has agreed to terminate the lease effective March 1, 1990, if the town
agrees to compensate him in the amount of net revenue lost due to early termination.
THEREFORE, RESOLVED by the Council of the Town of Leasburg in Virginia as follows:
SECTION I. The Town Council hereby authorizes the Town Manager to terminate the lease
of 6 and 8 Loudoun Street, SW with Fan'is Sadak effective March 1, 1990 under the condition that the
town compensate Mr. Sadak $12,000 on March 1, 1990, March 1, 1991 and March 1, 1992, for a total
compensation of $36,000.
SECTION Il. An appropriation in the amount of $12,000 is made from the General Fund
Unappropriated Fund Balance to account number 200.9100.560.010, 6-8 Loudoun Street Lease
Termination, for the first installment of this lease termination.
90-14
RESOLUTION INITIATING AND REFERRING AN AMENDMENT TO THE
COMPREHENSIVE PLAN FOR THE TOWN OF LEESBURG TO THE PLANNING
COMMISSION FOR PUBLIC HEARING PURSUANT TO SECTION 15.1-431 OF THE
1950 CODE OF VIRGINIA, AS AMENDED
WHEREAS, the Leesburg Volunteer Fire Company has expressed an interest in locating a fire
substation adjacent to the proposed senior little league field, to be constructed within the 10-acre
Exeter Planned Development public facility site; and
WHEREAS, a fire substation facility is presently not shown on the Leesburg Town Plan at this
location; and
WHEREAS, this Council desires to receive public input from the neighborhoods surrounding
the proposed fire station location prior to amending the Town Plan to illustrate this facility:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
An amendment to the Comprehensive Plan of the Town of Leesburg to locate a fire substation
on the 10-acre public facility site in the Exeter Planned Development, adjacent to the senior little
league field now under design is initiated. This amendment is referred to the Planning Commission
for a public hearing and a recommendation under Chapter 11, Title 15.1-431 of the 1950 Code of
Virginia, as amended.
90-15 - RESOLUTION - AWARDING A CONTRACT TO RESOURCE PLANNERS, INC., FOR
DESIGN AND CONSULTING SERVICES OF IDA LEE PARK PHASE II
WHEREAS, the Town of Leesburg received proposals on November 10, 1989, from architectural,
engineering and landscaping professionals for design and consulting services of Ida Lee Park Phase II;
and
WHE~, the review committee ranked Resource Planners, Inc., of Richmond, Virginia, the
highest rated firm based on their proposal, interviews and references:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Manager is authorized and directed to enter into a contract on behalf of the town with
Resource Planners, Inc., in the amount of $99,500 for design and consulting services for Ida Lee Park
Phase II.
90-16 - RESOLUTION - AUTHORIZING A CONTRACT WITH BENGSTON, DEBELL, ELKIN &
TITUS TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE ROUTE
15 BY-PASS WIDENING PROJECT
WHEREAS, this project has been identified as Capital Improvement Projecte to be accomplished
during 1990; and
WHEREAS, a Request for Proposal was issued by the Department of Engineering and Public
Works to consulting engineering firms to provide professional services for design and construction
adnfinistrafion; and
MINUTES OF FEBRUARY 13, 1990
WHEREAS, the Selection Committee chose Bengston, DeBell, Elkin & Titus as the highest
ranked firm and recommend award to Bengston, DeBell, Elkin & Titus:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager is authorized and directed to enter into a contract, on behalf of
the Town in an amount of $190,158.00 with Bengston, DeBell, Elkin and Titus, for professional services
as required by the Town of Leesburg.
SECTION II. A transfer of the $100,000 received from the Loudoun County Transportation
District Commission is made to account ~9207-300-010-902.
SECTION III. A transfer of $100,000 is made from proffered transportation pro-rata to
account #9207-300-010-902.
90-17 - RESOLUTION AUTHORIZING A PUBLIC HEARING FOR THE DESIGN AND
CONSTRUCTION STANDARDS MANUAL
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of Public Hearing to consider adoption of the Design and Construction Standards
Manual prepared by William H. Gordon and Associates, Consulting Engineers for the Town of Leesburg
shall be published in the Loudoun Times-Mirror. This notice shall be published on February 15, 1990
and February 22, 1990 for public hearing on March 13, 1990 at 7:30 p.m. in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia.
90-18 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR PIER 1
IMPORTS
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 Pier
I Imports.
SECTION II. The extension of municipal water and sewer for Pier 1 Imports is approved in
accordance with Section 15-9 and 19-18 of the Town Code.
SECTION III. A cash bond in the amount of $16,639.48 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Pier I Imports.
90-19 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR LEESBURG
GATEWAY LOT 3
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
Leesburg Gateway Lot 3.
SECTION II. The extension of municipal water and sewer for Leesburg Gateway Lot 3 is
approved in accordance with Section 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 Farmers and Merchants National Ba~ni~ in the amount of $82,247.00 is approved as security to
guarantee installation of the public improvements shown on plans approved by the Director of
Engineering and Public Works for Leesburg Gateway Lot 3.
90-20 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR CARDINAL
PARK LOT 2
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I.
improvements shown
Cardinal Park Lot 2.
The manager shall execute the contract for public improvements for the
on the plans approved by the Director of Engineering and Public Works for
SECTION H. The extension of municipal water and sewer for Cardinal Park LOt 2 is approved
in accordance with Section 15-9 and 19-18 of the Town Code.
SECTION HI. The corporate surety bond in a form approved by the town attorney from
Maryland Fidelity and Deposit of Richmond, Virginia in the amount of $34,500.00 is approved as
MINUTES OF FEBRUARY 13, 1990
security to guarantee installation of the public improvements shown on plans approved by the Director
of Engineering and Public Works for Cardinal Park Lot 2.
90-21 - RESOLUTION - MAKIN(~ A REDUi~TION IN THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN TAVISTOCK FARMS SECTION 1
WHEREAS, The Town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Tavistock Farms Section 1 and certified that the value of work
performed exceeds $160,000.00; and
WHE~, a letter of credit from Perpetual Savings B~nk F.S.B. in the amount of $200,000.00
has been provided by the developer and approved by Council to guarantee installation of public
improvements for Tavistock Farms Section 1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Perpetual Savings BAnk F.S.B. in the amount of
$200,000.00 is reduced to $40,000.00.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit
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 Tavistock Farms Section 1.
90-22 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN TAVISTOCK FARMS SECTION 3
WHEREAS, The Town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Tavistock Farms Section 3 and certified that the value of work
performed exceeds $161,706.40; and
WHEREAS, a letter of credit from Perpetual Savings Bank F.S.B. in the amount of $202,133.00
has been provided by the developer and approved by Council to guarantee installation of public
improvements for Tavistock Farms Section 3.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Perpetual Savings Bank F.S.B. in the amount of
$202,133.00 is reduced to $40,426.60.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit
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 Tavistock Farms Section 3.
90-23 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR TAVISTOCK
FARMS SECTION 14
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 Section 14.
SECTION II. The extension of municipal water and sewer for Tavistock Farms Section 14 is
approved in accordance with Section 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 Perpetual Savings Bank F.S.B. in the amount of $230,878.45 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 Section 14.
90-24 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC
IMPROVEMENTS IN BELLP. WOOD COMMONS
WHEREAS, Turner-Harwood Ventures, the developer of the Bellewood Commons 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 Leeeburg in Virginia as follows:
SECTION I. The corporate surety bond from Federal Insurance Company in the amount of
$500,000.00 is released, and a new surety in a form approved by the town attorney for a maintenance
guarantee in the amount of $25,000.00 is approved, and shall be in effect for a period of one year from
MINUTES OF FEBRUARY 13, 1990
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.
90-25 - RESOLUTION - MAKING A REDUCTION IN THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLED IN BEAUREGARD ESTATES SECTION 1
WHEREAS, The Town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Beauregard Estates Section 1 and certified that the value of work
performed exceeds $827,967.36; and
~rI-IEREAS, a letter of credit from Signet B~_nk in the amount of $1,034,959.20 has been
provided by the developer and approved by Council to guarantee installation of public improvements
for Beauregard Estates Section 1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Signet Bank in the amount of $1,034,959.20 is reduced
to $206,991.84.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit
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 Beauregard Estates Section 1.
Aye:
Nay:
Absent:
Councilmembers Clem, Forester, Kimball, Mulokey, Tolbert and Mayor Sevila
None
Councilmember Lovin
On motion of Mr. Kimball, seconded by Mr. Clem, the following resolution was deferred to the
Planning and Zoning Committee meeting of February 21, 1990, for further discussion.
RESOLUTION - ADOPTING THE VDOT ROUTE 7 CORRIDOR CONCEPT PLAN AND AMENDING
THE TOWN PLAN TRANSPORTATION POLICY MAP.
WHEREAS, the Virginia Department of Transportation originally prepared the Route 7 Corridor
Plan in March, 1986, for review and adoption by both the Town of Leesburg and the County of
Loudoun; and
WHEREAS, the original 1986 Route 7 Corridor 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 1986 Town Plan, as amended; and
WHE~, the Town Council by Resolution #87-41 dated February 25, 1987, formally
requested that the Virginia Department of Transportation designate Route 7 from the Route 7/15
Bypass to the eastern corporate limits of Leesburg as a limited access facility; and
WHEREAS, the County of Loudoun Board of Supervisors adopted the VDOT Route 7 Corridor
Plan, as amended, exclusive of the portion of the plan within the Town of Leesburg on October 3, 1988
in order to implement the limited access designation for Route 7 in Loudoun County; and
WHEREAS, it was deemed desirable to update the original 1986 VDOT Route 7 Corridor Plan
to reflect all elements of the Town Plan Transportation Policy Map, as amended, including the adopted
East Battlefield Parkway Alignment Study, as well as current development plan roadway alignments;
and
WHEREAS, the Town Council initiated the adoption of a revised VDOT Route 7 Corridor Plan
on July 11, 1989; and
and
WHEREAS, the Leesburg Planning Commission held a public hearing on September 28, 1989;
WHEREAS, the Leesburg Planning Commission recommended approval of the VDOT Route 7
Corridor Plan, with revisions, on October 12, 1989, and
WHEREAS, the Town Council held a public hearing on November 14, 1989; and
WHEREAS, the VDOT Route 7 Corridor Plan has been further refined to address concerns
raised at both public hearings; and
WHEREAS, without adoption and ultimate implementation of the VDOT Route 7 Corridor Plan,
Route 7 win operate at an unacceptable Level of Service and be detrimental to properties adjacent to
Route 7 which desire safe and convenient acce~ to their properties; and
WHEREAS, adoption of the VDOT Route 7 Corridor Plan will serve as an important planning
MINUTES OF FEBRUARY 13, 1990
tool for the rapidly developing eastern quadrant of Leesburg, and will serve to implement the goals and
objectives of the Town Plan, as amended:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Transportation Policy Map element of the Town Plan 1986, as amended, shall
be further amended to reflect the VDOT Route 7 Corridor Plan dated November, 1989 and attached
hereto.
SECTION II. This long-range conceptual transportation plan serves to implement the adopted
limited access designation for Route 7. Interchange, road network, and access alternatives may be
submitted to the Town and VDOT for consideration and possible amendment to the plan, provided such
alternatives meet Town of Leesburg and VDOT standards. Further, existing access and entrances along
Route 7 within the Town of Leesburg may be retained until such time as alternative access from Route
7 to the property is provided.
SECTION IH. This resolution shall be effective upon its passage.
Mayor Sevila said that the suggestion that Mr. Samuels made might add an additional layer of
comfort for the property owners. The ultimate realignment or alternative access to these properties is
decades into the future.
Mr. Minor said that the town has no objection to the language modification that Mr. Samuels
proposed. Mr. Minor read a statement of findings:
The plan will implement the limited access designation for Route 7 endorsed by the Council in
1987 and shown in concept on the adopted Leesburg Transportation Plan. It will widen Route 7 from
four to six lanes east of the Leesburg By-pass by the year 2010. It will permit traffic to flow without
interruption in the future by traffic signals. It will allow the completion and construction of grade
separated interchanges at the Route ?/15 By-pass, Battlefield Parkway and Route 653. These
interchanges and an expanded road network are needed to handle an estimated 120% increase in Route
7 traffic expected in the next two decades. It will help control access, manage traffic and ensure that
new development along the corridor reflects the future road network. It will ensure that the
infrastructure critical to success and viability of the more than 4.2 million square feet of development
proposed along Route 7 within the town and nearly 14 million square feet east of town in the Lee
Center Business Park and Lansdowne projects. It will provide access for properties within the corridor,
generally bounded by Fort Evans Road extended to the north and W&OD trail to the south via a
parallel road system on both sides of Route 7. These new roads will intersect Battlefield Parkway and
Route 653 providing safe and convenient access to existing and new businesses. No direct access will
be lost well into the next century. To ensure that the town's plans for Route 7 are compatible with
the County's plan for this facility. Loudoun County Board of Supervisors in 1988 adopted the corridor
plan for Route 7 from the Leesburg By-pass to the Fairfax County line. Without adoption of the
corridor plan within the Leesburg Corporate limits, Route 7 will operate at the lowest service level F
which translates into bumper to bumper traffic, intolerable delays which are not beneficial to the town
or citizens or the business community.
Mr. Clem stated that in the workshop he was opposed and still remains opposed. He agrees
with the idea and concept of the limited access. We should not include any new entrances and should
eliminate those that we can. The proposal for a fly-over at Cardinal Park, topographically speaking,
will be a very costly operation. The alternative access that is proposed could have an adverse effect on
the existing businesses, as well as effect the town's tax base. I do not see where this limited access
from Goose Creek to Leesburg is truly helping the citizens of Leesburg. Some other meaos should be
made to exit the traffic out of Leesburg and around Leesburg by way of some sort of by-pass after
crossing Goose Creek.
Mr. Kimball has followed this public debate very carefully and has a high level of discomfort
with the proposed legislation. After hearing Mr. Minor discuss activity going into the next century,
he questions the urgency of this. I am aware that there is a need for something today on Route 7 but
am not convinced that this plan is the answer. Even at this late moment we have language changes
which leads me to believe that there is a certain amount of doubt and hesitancy and maybe even
confusion among a lot of us. I propose an alternative motion. I move that this item be deferred and
returned to committee for further study.
Mayor Sevila asked ff the town must act on this immediately, or could further consideration be
given at the committee level.
Mr. Minor said that VDOT has consistently said, for a year and a half, that we need to adopt
this plan. This can be delayed two weeks. I would not recommend a delay of two months. Mr.
Kimball asked what the urgency was. Mr. Stephenson said that without some of the revisions that this
corridor plan would bring into the Town Plan, when we have development applications within the
corridor, we are unable to have any basis for making a recommendation for interchange dedication, road
right-of-ways, etc. We have one application where VDOT recommended a full clover leaf for an
interchange - we had to go forward and recommend approval of an application with something less than
what was desireable by both VDOT and the town. We have several hundred acres within the corridor
which may come in for rezoning, at anytime. We have had concept plans in on these and without the
plan we have no backbone for making any recommendations for these new development parcels. Mr.
MINUTES OF FEBRUARY 13, 1990
Minor said that VDOT controls access on Route 7 east of the bypass. They help the town with the
road planning.
Mr. Kimball said that he has lived in Leesburg for 13 years and Northern Virginia, in three
other communities, for 30 years and VDOT is not infallible in their recommendations. I am not
convinced that this plan is something that I can concur with. I have a very high level of discomfort
with it. I fail to see the urgency on t~his resolution.
Mr. Mulokey believes that a primary obligation that we as a Town Council have to the citizens
is to create p]_~ns and let people know what a viable plan for future development is. It is very
important to have the recommendation of the engineering staff, VDOT and all the competent planners
in the town - we should adopt this plan as quickly as possible. Mr. Mulokey admires Mr. S~muels and
Mr. Cassidy for their persistence and their ingenuity in protecting their livelihood. It is their right and
I thank them for their inputs. Their idea of creating another outer bypass would, in an ideal world,
be a wonderful thing to have in Leesburg, but I am not convinced that it is at all realistic given the
cost of land in this area. We will have a very difficult time financing all of the bypass', all of the
overpasses and all of the improvements that this plan indicates. It would be much more difficult to
have to acquire additional land outside the current bypass area.
Mr. Clem said that if he thought this plan was in the well being of the citizens of the Town
of Leesburg, he would support it whole heartedly, but he does not think it is.
Mayor Sevila said that in light of Mr. Kimball's absence at the past committee meeting, he
suggested sending this matter back to committee for further discussion. Several individuals have made
it clear to the Council that they have concerns that this plan will adversely affect property rights and
their livelihoods. These are not concerns that should be taken lightly. I have also heard from our legal
staff, VDOT and our town engineer that, in this world, you just don't deny someone access to their
property without making compensation to them.
Mr. Kimball said that just before Mr. Lovin, Mrs. Forester and himself were elected to the
Council, a development was approved, just south of town - they have yet to turn the first shovel of dirt.
Just because we have plans does not mean that developers are prepared to move ahead smartly. I
caution just a little slower effort.
Mr. Mulokey recalled last week, members of the hospital's board of directors indicated that a
primary reason for their desire to move east of Leesburg is because of the traffic congestion, specifically
on Route 7. I think it would be detrimental, to our efforts to keep the hospital in Leesburg, to adopt
a plan which would further insure congestion in that area.
Mrs. Forester has no objection with deferring this matter to the February 21, Planning and
Zoning Committee. She told Mr. Kimball that whether someone is moving dirt or not, if the plan is
approved as submitted and we do not have the Route 7 Corridor to get them to put the infrastructure
that the town needs on that plan, we can't get it when they move dirt. The Planning Commission, last
week, looked at two large office plans right in the Route 7 Corridor - our hands are tied in trying to
get the infrastru~re we need unless we have the corridor plan adopted.
Aye: Councilmember Clem, Forester, Kimball, Mulokey, Tolbert and Sevila
Nay: None
Absent: Councilmember Lovin
On motion of Mr. Tolbe~ seconded by Mr. Mulokey, the following resolution was proposed and
unanimously adopted.
90-26 - RESOLUTION - AWARDING A CONTRACT TO THE CHAPIN COMPANY FOR THE
RELOCATION OF THE BUILDING AT 6 AND 8 LOUDOUN STREET
WHEREAS, construction of the municipal parking facility requires the removal of the building
at 6 and 8 Loudoun Street; and
WHEREAS, the building is nearly 200 years old and was assessed a Preservation Index "B" by
the firm of Hartzog, Lader and Richards; and
WHEREAS, the town published a Request for Proposals for relocation and preservation of this
building within the historic district; and
WHEREAS, a review committee consisting of Steve Brown, Kristie Struble, John Johnston,
Elizabeth Farnham and Laura Dutton unanimously recommended the Chapin Company's proposal as
the most responsive to the RFP of the five proposals submitted; and
WHEREAS, financial analysis substantiates that the Chapin Company's proposal is significantly
less costly to the town than the other proposals; and
WHEREAS, the Chapin proposal will not result in the sale of any portion of the town Liberty
Street parcel, which will be used for parking during construction of the 371 space parking structure this
summer; and
MINUTES OF FEBRUARY 13, 1990
WHERF.,P~, the preservation of the building will be subject to review and approval by the Board
of Architectural Review.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized to enter into a contract with the Chapin Company to
relocate the buildings at 6 and 8 Loudoun Street to the former East Lawn II site on Church Street in
accordance with its proposal dated January 19, 1990.
Aye: Councilmember Clem, Forester, Kimball, Mulokey, Tolbert and Sevila ·
Nay: None
Absent~ Councilmember Lovin
On motion of Mr. Mulokey, seconded by Mr. Tolbert, the following resolution was proposed and
unanimously adopted.
90-27 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR REZONING APPLICATION
~ZM-115 - EXPANDING THE OLD AND HISTORIC LEESBURG DISTRICT
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider rezoning application #ZM-115 expansion of the Old and
Historic Leesburg (H-l) District shall be published in the Loudoun Times-Mirror. The notice shall be
published on February 15, 1990 and February 22, 1990 for public hearing on March 13, 1990 at 7:30
p.m., in the Council Chambers, 10 Loudoun Street, S.W., Leesburg, Virginia.
Aye: Councilmember Clem, Forester, Kimball, Mulokey, Tolbert and Sevila
Nay: None
Absent: Councilmember Lovin
New Business
Mr. Kimball said that February has been designated Black History Month. It would be proper
and just for the Council to prepare a resolution in support of this important segment of our
community's contribution to our country. Mr. Minor will prepare a resolution to be presented at the
February 27, 1990 Council meeting.
On motion of Mr. Tolbert, seconded by Mr. Kimball, a resolution will be prepared and adopted
at the February 27, 1990 Council meeting honoring and observing Black History Month in Leesburg.
Aye: Councilmember Clem, Forester, Kimball, Mulokey, Tolbert and Sevila
Nay: None
Absent: Councilmember Lovin
On motion of Mr. Tolber~ seconded by Mr. Mulokey, the meeting was adjourned at 10:25 p.m.
Aye: Councilmember Clem, Forester, Kimball, Mulokey, Tolbert and Sevila
Nay: None
Absent: Councilmember Lovin
Sevila, Mayor
eesburg
Clerk of Council