HomeMy Public PortalAbout1990_02_2757
MINUTES OF THE REG~ MEETING OF THE LEESBURG TOV~N COUNCIL
FEBRUARY 27, 1990
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 10
Loudoun Street, S.W., Leesburg, Virginia on February 27, 1990 at 7:30 p.m. The meeting was called
to order by Vice-Mayor John W. Tolbe~ Jr., with the invocation given by Mr. Tolbert and the Salute
to the Flag led by Councilmember Clem. Present were: Vice-Mayor John W. Tolbe~ Jr.,
Councilmembers James E. Clem, Donald A. Kimball, Claxton E. Lovin and William P. Mulokey. Absent
was Councilmember Christine M. Forester. Mayor Sevila will be arriving late. Staff members present
included: Town Manager Jeffrey H. Minor, Director of Planning, Zoning and Development Katherine
Imhoff, Director of Finance Paul E. York, Director of Engineering and Public Works Thomas A. Mason,
Director of Utilities Randolph W. Shoemaker, Director of Parks and Recreation Gary Huff, Planners
Peter Stephenson and John Johnson, Public Information Officer Susan Farmer and Deputy Town
Attorney Deborah Welsh.
On motion of Mr. Clem, seconded by Mr. Mulokey, the minutes of the Special Meeting of
February 5, 1990 and the minutes of the regular Town Council meeting of February 13, 1990 were
unanimously approved.
Aye: Councilmembers Clem, Kimball, Lovin, Mulokey and Tolbert
Nay: None
Absent: Councilmember Forester and Mayor Sevila
Petitioners
Ms. Mary Fishback, a resident of 408 Madison Court, S.E., addressed the Council on behalf of
the library system in Loudoun County. It is imperative that the Council t,ke measures to ensure the
library services be retained in the County's 1990 budget. Council should prepare a resolution in
support of this. Library services will ensure a level of higher education for the community and provide
cultural and recreational facilities for the citizens. The economic growth already experienced in the
county demands a better and bigger facility. The present library is totally inadequate. A new facility
would assure compliance with State codes with regard to the handicapped and senior citizens. Fire
regulations are poor and the health needs are neglected. Ms. Fishback urged Council to see that the
library services are put back into the budget.
Mr. Harold Skaggs, a resident of 403 Dodd Cour% N.W., addressed the Council with regard to
the VDOT Route 7 Corridor Plan. He asked if the proposed plan was a master plan or a piece-meal
plan. In researching the town's budget he found no written goals with the exception of making Route
7 a limited access highway. He would like to know what the goals and objectives were when Council
and staff planned this transportation system. If the only goal was to make Route 7 a limited access
highway and to provide parallel and network roads, north and south of Route 7 east, then the mark
for master planning has been missed for the entire northwest sector in which he and many citizens live.
It seems that most of the focus on this master plan is to accommodate large developers in the southeast
sector at the expense of the citizens. Vast sums of tax payer's money will have to be spent to
implement this plan. He understands that through proffers, developers will be paying large sums of
money. He cannot find, through his research, where a practical line by line cost analysis has been
done. Only a certain amount Of money exists in the town's budget for transportation improvements.
Will it take all or the majority of available and projected transportation dollars to pay for southeast
improvements leaving the northwest sector high and dry - we have critical needs too. All of the streets
need attention especially Old Waterford Road and Morven Park Road, both are inadequate for the two
new traffic generators - the library and Ida Lee Park. By making Route 7 a limited access highway and
concentrating all the planning on that sector of Route 7, is supporting piece-meal planning. There are
current problems, at Fairview Street, Catoctin Circle and the Route 7 entrance to the western end of
the bypass, that will be increased and compounded by the corridor plan. It will funnel vast amounts
of commuter traffic through town or around the bypass thus clogging the on and off ramps on the
northwest end of town. Is this master planning or piece-meal planning. There is a rezoning request,
that is before Council, for 144 homes in the northwest sector. It is quite obvious that master planning
has not been done, because in the past several years when improvements could have been made they
were not made to Old Waterford Road, Fairview, Pershing, Wilson, Morven Park and North Street.
We are in a situation where the town is totally unprepared for the traffic that will be generated by the
new development as well as unprepared for the library and park project. In conclusion, I speak for the
many citizens in the northwest sector and request written answers to the following:.
1. What are the Council's goals and objectives for this plan.
2. How do you justify that it is a master plan.
3. What specific planning has been done for the northwest sector of town.
ff the Council does not have answers~ to these questions tonight, how can you even consider passing the
legislation before you.
Mr. Dave Griffiths, a resident of 513 Davis Avenue addressed the Council with regard to the
Route 7 Corridor Plan. There is a definite need for improvement on Route 7. He works in Fairfax
and drives either Route 7 or Route' 50. Any improvement, whether short or long range, is greatly
Minutes of February 27, 1990
needed. He expressed some concerns with the plan. I agree with Route 7 being a limited access to
Route 7 from Goose Creek to the bypass. I am an architect by profession and use the idea of limited
access all .the time when working on a new building or a site, to control the functions of that facility
inside to control the traffic flow. It makes logical sense to utili~.e this tool to ensure proper
development and ensure good design in both the north and south of Route 7. He commends town staff
for implementing this tool. The county has already adopted this plan for their portion. He is
concerned with the fact that VDOT did not provide the town the same opportunity as they did the
County. V'DOT gave the County the opportunity to look at 2 or 3 different solutions, the benefits and
drawbacks to each solution and to look at the monies involved. The town was not provided the same
benefit. We should insist on this. Also, VDOT has indicated that the bypass will eventually be
enlarged to 3 lanes, each direction. There has been no indication that this will happen at the same
time the corridor section is improved. The time sequence between this and the Route 7 improvements
is very critical. A study should be done to show how this sequence can work together and what will
happen if it doesn't. Each Councilmember was elected by the citizens of the community because you
have shown that you have always taken a very reasonable approach to decisions, you have always
backed your decisions with a good analysis of what can happen, the pros and cons, etc. At this point~
you are being asked to make a decision based on inadequate information. Your decision should be
postponed until you get all this information. Four to six months should give VDOT the time to come
up with alternatives. Mr. Griffiths urged Council to delay their decision and to seek additional
information.
Mr. Ralph Stanley, with the Virginia Toll Road Corporation (VTRC) briefed the Council on the
status of the VTRC application. The final step in the approval process for the State was filed, in full,
on February 2, 1990. The State Corporation Commission (SCC) reviewed the application and on
February 13, 1990 the SCC set out a procedural schedule for review of the application, for its
completeness and particularly on the financing. Exhibit 12 of the application included a guaranteed
maximum price contract. The application that was filed does come to Leesburg. We made a
commitment to the town and we will fulfill that commitment. The overall design and construction cost
of the plan filed in February has increased to approximately $151 million. The overall project cost is
now approximately $230 million. The principal focus of the SCC is the financing. The overall cost to
capital in the application is between 11.5% and 12.5%. The $53 million construction cost increase, as
well as the drop in financing, based on the VDOT analysis was achieved without adjusting any of the
toll levels. One distinct advantage of our application being approved is that the right-of-way was
calculated over the 40 year period. It will result in $96 million in property taxes for Loudoun County
and also a significant property tax to the town based on how much right-of-way remains in the town.
This is an important difference between the VTRC building the road and VDOT building the road
because the state does not pay taxes on the right-of-way. We estimate that approximately $100 million
will be generated in state taxes. The successful completion of the toll road extension will relieve Route
7 and Route 50. The success of the project will enable the town, county and commonwealth to argue
for a lot more federal highway funding. If the VTRC is successful, Mr. Stanley offered to spend a
month testifying on that behalf. The economic impact on the county and eastern Loudoun with regard
to the absorption rate, that can occur, is there could be as much as a 600,000 to 700,000 square foot
difference over the next ten years in absorption of office and flex-tax base, with or without the toll
road. There has been debate about the surplus that is being generated on the existing toll road.
There has been an estimated $175 million worth of work on the existing toll road. Mr. Stanley briefly
highlighted the procedures of the SCC and stated that the opportunity to comment on the toll road
before March 15, 1990, in writing, is there for any interested party. The VTRC is continuing to
assemble as much of the right-of-way, and proceed on a parallel track with construction and design.
Mr. Stanley commended the town staff for all their help. They have* been remarkably responsive in
meeting all the deadlines.
Mr. David Wall, also with the VTRC updated the Council and public with regard to the design
and construction issues of the toll road. He thanked the staff for all their attention. The earliest that
we can get into the field is August. This means clearing and utility relocation and will require a lot
of efforts on the part of both the county and town staff. We are processing the wetlands investigations,
and the archeological and cultural investigations. Hopefully, actual earthwork operations will begin
in October and open the road in 1993.
Ms. Barbara Riviere, a resident of 307 North Street addressed the Council adding her support
and insisting that the library be kept in the County's 1990 budget. She also addressed matters on local
transportation. To her knowledge, the town does not have any local transportation. There are one or
two taxis'. It would be plausible to have some small buses that could take senior citizens, students,
etc., from various subdivisions to the library, parks or the various shopping centers.
Mr. Gary Samuels, a resident of 15 Morven Park Road stated that he has addressed the
Council and Planning Commission many times, in the past year, regarding the Route 7 Corridor Study.
He wished to remind the members of Council that he has provided them with data, including traffic
counts, projected growth figures and phase I of a traffic analysis, completed by a firm hired by Loudoun
County. This information should have placed a reasonable doubt in the Council's mind regarding the
Route 7 Corridor Plan. One observation made during past discussions is the reference to time frames.
It will be 15 to 20 years before this road will be built~ Is 20 years really a long time in terms of
transportation planning. I realize that staff is working hard and that long range plans are being made.
Overall we are doing a good job. I feel that we have missed the point with the present Route 7
Corridor Plan. This plan does not benefit the citizens of Leesburg. It fails as a long term solution
to route commuter traffic around Leesburg. We are placing too much dependency on a bypass and
even with improvements it will be congested in 15 years. Hopefully in the near future Council will
59
Minutes of February 27, 1990
approve a Zoning Ordinance that is fair to all parties, however, if we find in 15 years that we have
miscalculated the impact of certain rules - we can amend the zoning ordinance, relatively easily. If you
make a mistake tonight and commit to a long range plan to funnel all commuter traffic from a six-
lane Route 7 freeway into the existing interchange, how do you propose to amend that mistake. By
that time Leesburg will be surrounded by houses and buildings. If you desire an alternate route in the
future where would you put it. He said that Mr. Mulokey mentioned, several meetings ago, that his
objection to considering an alternate route was that the cost of land was too high today. The cost of
land may be high today by some standards but think what it will cost in 15 to 20 years when houses
and buildings are in place. I believe there is still a window of opportunity to make a real difference
in how we manage the commuter traffic that will be passing through or around Leesburg. Please
consider, before you vote, how you will address traffic management problems in 15 years and what
options are left open to make a real difference.
Mr. Patrick Cassid¥, a resident of 304 Babson Circle stated that he has also been before the
Council regarding the Route 7 Corridor Plan. He believes that the plan is inadequate. It is short
term. It will work well for approximately 5 years. This plan encourages commuter traffic to come up
Route 7 and go through the town, creating a source of problems to the town. We need to find a way
to direct traffic around the town. Approximately 80% to 90% of the traffic is concerned with going
around the town not doing business in the town. This is a partial plan. We owe it to the citizens of
Leesburg to come up with a complete plan that will truly address the problem for the next 15 to 30
years. One possibility is a simple wishbone at Goose Creek to direct the north traffic around Leesburg
to the right and the western tr~_ffic to the left. Right-of-ways should be proffered now. Route 7 is
almost to the point of grid lock between the hours of 4:30 p.m. and 5:30 p.m. I foresee a gridlock
situation on Battlefield Parkway in the future.
Mr. Norman Terry, a resident of 826 Bails Bluff Road addressed the Council asking them to
rethink their vote regarding the Route 7 Corridor plan. At an August, 1989 meeting with the Council
and residents of Potomac Crossing, concerns were raised about the safety of pedestrians crossing
Battlefield Parkway. It is hard to believe that with the implementation of the Route 7 plan that the
Battlefield Parkway could be labeled anything else but a major artery between Route 7 and Route 15.
In the Potomac Crossing Subdivision there is only one underpass proposed, to get children to and from
the elementary school, which crosses Battlefield Parkway. Mr. Terry is concerned with the safety of
the children and pedestrians of the subdivision. The proposed msjor amenities are located very close
to the parkway, specifically the swimming pool. Is a curb sufficient enough to keep an accident from
happening. Crossing Battlefield Parkway will become more dangerous because of the increase in traffic.
Has the traffic study at Battlefield Parkway and Route 15 been started. Shouldn't these results be
used to project the amount of future traffic flow that will be generated on the parkway. Were there
any alternative plans or studies for the Route 7/15 bypass corridor. Is VDOT's engineering track
record so good that alterative plans and studies are not necessary. Was data for Route 15 commuter
traffic west and north evaluated for this study. Did it include the influx of commuters into the north
and west because of the lack of affordable housing in the northern Virginia area. A decision that may
affect Leesburg for the next 30 to 40 years is being made very hastily. Leesburg is becoming a
commuter town and bypass. Lets think ahead and use all of the resources available. Lets make a
decision that takes into account the needs and desires of current residents of this town, as well as,
commuters that will bypass our town. Lets evaluate possible alternatives.
Mr. Robert Farris, a resident of 202 Pershing Avenue addressed the Council regarding the
vacation of lots on Block F, Pershing Avenue. These lots are 25 foot wide lots. He urged Council to
see that the developer builds the proposed homes 10 feet from the property line and takes care of any
potential parking problems. He would like to see this area be brought up to today's standards, in
regards to size of lots. Mr. Minor said that the boundary line adjustment could be accomplished
without the Council's concurrence but we wanted to give the citizens an opportunity to address the
proposed compromise. There are currently 25 legal, non-conforming lots. The town strengthened its
legislation by requiring 10% sideyards or 5 feet, whichever is greater. With an existing house you
cannot increase non-conformity. What we are dealing with now are vacant lots - a developer could
literally build a 15 foot wide home on a 25 foot lot, which no one wants. It is extremely problematic
for the town to unilaterally, short of purchasing the lots, infringe on the vested rights of the lots.
There is a state law on non-conformity and vesting. The town can explore things that will reduce the
potential for future development of these lots, but in doing so without the consent of the owners of the
vacant lots, would expose the town to litigation. Mr. Minor said that he will contact the town's special
counsel, McGulre, Woods, Battle and Boothe and prgsent this information in terms of what the town
can do to amend its general regulations that would help remedy the future development of these 25
foot lots. The town's administration has been successful so far - no houses have been built on 25 foot
lots.
Mr. Muloke¥ said that it was his understanding that the town staff has worked with the
citizens and with the owners of the existing properties to come up with the best possible compromise
for the citizens of that neighborhood within the constraints of the law. He asked Mr. Fan'is ff he feels
this is the best compromise, if not Mr. Mulokey would like to know that, and he will vote against it~
Otherwise, Mr. Mulokey will have to assume that this is the best compromise that the town is capable
of achieving for the neighborhood. Mr. Farris would like to see the proposed plan from the developer.
Mr. Joe Drumheller, a resident of 519 Clagett Street addressed the Council in regards to
pipestems in the Town of Leesburg. There is a major abuse of pipestem lots in Fairfax. The only
reason to have pipestem lots is to increase density. Ail the new developments have pipestems
proposed. He has been involved with a variation that was granted by the Planning Commission that
6O
Minutes of February 27, 1990
will allow pipestems off of an existing cul-de-sac. It is the town's policy that pipestems are not liked
but then there may be one particular case - and everything is legal. With the current regulations there
is no other alternative then to allow pipestems. He petitioned the Planning Commission to hold a
public hearing to study the pipestem ordinances. He also petitioned the Council to direct staff and the
Planning Commission to amend the pipestem ordinances so that there is no abuse of pipestems. He
requested the Council to hold a joint public hearing on pipestems. Mr. Minor stated that Clagett
Street was the subject of a potential multi-lot, pipestem development. One thing that Council could
do is to make the maximum number of lots, served by a stem, two. Another solution is to amend the
ordinance, in regards to pipestem lots, which would make it more restrictive on when pipestems could
be considered. Mr. Minor suggested preparing a report on modifications to pipestems for the March
21, Planning and Zoning Committee meeting.
Mayor's Report
Mr. Dana Malone, of the State Department of Forestry wished to officially recognize Leesburg
as Tree City USA. It goes without saying that such recognition takes a lot of work and careful
planning before such an award is given by the National Arbor Day Foundation. Mr. Malone presented
the Mayor with a plaque, a flag and some signs recognizing Leesburg as Tree City USA. The signs can
be placed at the different entrances coming into the town. Leesburg is the only town in Loudoun
County that has been recognized as Tree City USA and is only the sixteenth municipality in the
Commonwealth of Virginia that has received this award. There are four standards that must be met
before winning this award. The first standard is that there must be tree board, consisting of a group
of concerned citizens, charged by an ordinance to develop and implement a community, forestry
program for tree care. The second standard is that there must be a community tree ordinance. The
ordinance must designate the tree board members and also gives them the power to develop and
implement a comprehensive community, forestry program. The third standard is that there must be
an expenditure on the community, forestry program of at least $2.00 per capita per year. The last
standard is that a day must be set aside for an Arbor Day celebration along with a proclamation. Last
April, at Ida Lee Park, was the first Arbor Day celebration for the Town of Leesburg. It was a big
success. Mr. Huff and myself along with other members of the Arbor Day Committee are working on
the second celebration also to be held at Ida Lee Park. It will be held the last day of April to coincide
with Earth Day. He encourages the public to attend.
Councilmember's Comments
Mr. Mulokey reported that the George C. Marshall Fund group will be initiating a msjor fund
raising drive in Italy in the near future.
He is pleased to see that the legislation, that he initiated, concerning tax relief for the elderly
will be voted on this evening. He is encouraging his fellow councilmembers to vote for it. This
legislation is one of the ways that the Town Council can help to minimize the tax burden on those
citizens who are truly in need.
He wished to clarify his statement on land acquisition concerning the Route 7 Corridor Plan.
The town and citizen's tax dollars would be better spent improving the roadways and interchanges on
our existing right-of-ways rather then buying more land to build more roads.
Mr. Lovin reported that he has been out of the country for the past two weeks.
Mr. Clem stated that he and Mr. Tolbert hosted Saturday's Listening Session.
A beauty contest was held Saturday evening at the fire house and for the first time in the fire
company's history a black queen was chosen. A lovely young lady by the name of Monica Simms.
Mr. Kimball hoped that our new Arbor Day flag does not violate any particular sign ordinance.
He congratulated Mr. Tolbert on his efforts, through the committee, to get this accomplished.
Mr. Tolbert had no comments.
Manager's Report
Mr. Minor commented on the written Activity Report, saying that the quality of the Annual
Report from the Police Department, the graphics, the level of detail have greatly improved over the last
several years. Any interested citizens may contact our Public Information Officer and the report will
be available to them.
Mr. Minor presented to the Council the Capital Improvements Program for 1990-1995. This
suggests a Planning Commission hearing for March 22nd and Council hearing on March 27th, with
adoption set for April. It is required that the Town submit a five-year CIP annually. The adopted
is incorporated into the annual budget (which should be ready in early April). They win have some
graphic support and probably about a 20 minute report for the public hearing. It win be published and
will be available to the public. This proposes an expenditure of nearly $60 million over the next five
years. It highlights the completion of the Municipal Government Center, the Downtown Parking
complex and the Ida Lee Park Recreation Center, which should be finished around June of this year.
Also, in some future years, there will be completion of some tennis courts, exercise trails, picnic areas
and an amphitheater. The actual recreation money goes to the State - Gary Huff is working diligently
61
Minutes of February 27, 1990
to try to get that money put back into the Governor's budget. Another project approved last year and
now under design is the WEst Market Street storm drainage improvements. Other highlights include
expansion of the Wastewater Control Facility, from 2.5 MGD to 6.0 MGD. This facility will cost about
$25 million less because of the work they did in Richmond to get the State Water Control Board to
modify the requirements for the Wastewater Treatment Plant. Other improvements include additional
water storage facilities expansion from 5 MGD to 6 MGD - they are looking to complete that job this
summer. A msjor element of the CIP authorized design and construction for the western pressure
zone. This will allow Hogback Mountain Water Tank to assist other areas. Other items in the CIP
include: Four-laning of the Route 15 By-pass (three sources of funds - cash tax money from the
County, proffers from Pence-Friedel developers and our own tax money). Leesburg maintains 98
percent of its own roads, including that quadrant of the by-pass. East of the by-pass on Route 7 are
maintained by VDOT. These funds are not eligible to be spent on the northern part of the by-pass.
We receive payments from VDOT on this for maintenance. We also receive funds through the urban
system program that allocates money to the town. This is a six-year program subject to VDOT review
annually. One of the things about Leesburg and future bypasses is that our current by-pass is not
complete. We have to keep the existing interchange at Route 7. We plan next year to signalize that
intersection. It is extremely difficult to get across Route 7. We have tried to get VDOT to fund these
improvements, but we have to acquire right-of-way funds and the improvement taxes to complete the
interchange. Others are to be funded by VDOT if the plan is adopted.
Legislation:
On motion of Mr. Clem, seconded by Mr. Lovin, the following ordinances and resolutions were
proposed as consent items and unanimously adopted.
90-0-5 - ORDINANCE - APPROVING THE REZONING APPLICATION AND AMENDING THE
ZONING DISTRICT MAP FOR #ZM-110 KINCAID FARM BY FIRST POTOMAC
DEVELOPMENT CORPORATION
WHEREAS, the Town of Leesburg received a complete rezoning application and fees from First
Potomac Development Corporation on May 16, 1989; and
WHEREAS, First Potomac Development Corporation has applied to rezone 186.06 acres of land
from County PD-IP to Town PRN, Planned Residential Neighborhood with proffers. The property is
located southeast of Lawson Road between Tavistock Farms planned development and the Washington
& Old Dominion Trail, and is further identified as Tax Map 49, parcel 22B; and
WHEREAS, this application was received by Town Council on June 13, 1989 and referred to
the Planning Commission for public hearing under Chapter 11, Title 15.12 of the 1950 Code of
Virginia; and
WHEREAS, the Planning Commission held a public heating on August 17, 1989 to consider
this rezoning application; and
WHEREAS, on November 16, 1989, the Planning Commission recommended approval of this
rezoning application, subject to a revised checklist of comments dated November 13, 1989; and
WHE~, the Town Council held a public hearing on January 23, 1990 to consider this
rezoning application; and
WHEREAS, the applicant has prepared final rezoning plans and notarized proffers for approval
as part of this application; and
WHEREAS, the proposed PRN zoning is consistent with the Town Plan goals and policies for
this property and is compatible with surrounding zoning and development; and
WHEREAS, this rezoning request is in the interest of 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. Rezoning application #ZM-110 Kincaid Farm by First Potomac Development
Corporation is hereby approved and the Leesburg Zoning District Map is amended to change from
County PD-IP to Town PRN (Planned Residential Neighborhood) as proffered, 186.06 acres of land
located southeast of Lawson Road and further identified as Tax Map 49, parcel 22B.
Pursuant to Sections 15.1-491(a) and 15.1-491.2, Code of Virginia (1988 Cum. Supp.), and
Section 11-8-4 of the Zoning Ordinance of the Town of Leesburg, Virginia, (1959, as amended), FIRST
POTOMAC DEVELOPMENT COMPANY and LEEGATE CORPORATION, N.V. (the "Applicant")
hereby make the following voluntary proffers for itself, and its successors in interest, These proffers
are contingent upon approval of the Rezoning Application (the "Application") which seeks to have
rezoned to the Planned Residential Neighborhood (PRN) category 186 acres more or less, designated
as Parcel 22B on Loudoun County Tax Map #49 (the "Property"). ff the Application is not granted as
submitted then these proffers shall be withdrawn and be null and void.
1. Battlefield Parkway: Applicant or successor shall convey to the Town, by deed in a form
62
Minutes of February 27, 1990
approved by the Town Attorney, in fee simple and free and clear of any and all liens or
encumbrances, the entire area shown on the plans and drawings dated May 5, 1989 and revised
December 15, 1989, attached hereto as Exhibit A (the "ConceptfRezoning Plan"), as "Battlefield
Parkway". Further, Applicant will construct, in accordance with Virginia Department of
Transportation and Town of Leesburg specifications an~ standards, a six lane section within a
120 foot right-of-way plus additional turn lanes within a 140 foot right-of-way at the
intersection of Kincaid Boulevard, with construction to occur in accordance with the
Development Schedule/Phasing Plan described on Page 1 of the Concept/Rezoning Plan with
no offsite transitions. The Applicant will enter into an Agreement and Performance Bond for
the construction of Battlefield Parkway from just beyond its intersection with Kincaid Boulevard
to the bridge structure as stated in the Development Schedule/Phasing Plan. The Applicant
or successor will perform preliminary bridge design to determine the amount of such bond.
Conveyance of the entire right-of-way for Battlefield Parkway shall be as shown on the
ConceptfRezoning Plan and will occur when a Final Subdivision Plat (record plat) for the
Property has been approved as stated in the Development Schedule/Phasing Plan. The
applicant or successor will reserve the 120 foot right-of-way required for Trailview Boulevard
on the adjacent parcel (shown on Loudoun County Tax Map No. 49 as Parcel 22) to the north
of the Property owned by the Applicant Leegate Corporation (the "Leegate Tract") per Scenario
3 of the PHR & A East Battlefield Parkway Addendum - Tuscarora Creek Crossing dated
August 8, 1989, as illustrated on page 15 of the Concept/Rezoning Plan. Conveyance of the
Trailview Boulevard right-of-way shall occur at the Town's request following design and
approval of construction drawings for Trailview Boulevard. Actual construction of the bridge
structure for Battlefield Parkway's crossing of the Northern Virginia Regional Park Authority
Trail (the "W & OD Trail") and Tuscarora Creek floodplain shall occur as agreed between the
Town and Applicant Leegate Corporation, as the owner of the Leegate Tract namely: that
Leegate or its successor with respect to the Leegate tract (LCTM 49-22), will construct the
northbound three-lane half-section of the bridge crossing following the construction of office
space on the Leegate Tract in excess of 800,000 gross leasable square feet. Construction of this
three-lane span of the bridge by Applicant Leegate Corporation will relieve Leegate or its
successor with respect to the Leegate Tract (LCTM 49-22), of any further responsibility to
construct any additional portion of the bridge. The Applicant Leegate will record among the
Loudoun County land records a memorandum reflecting its commitment to the Town regarding
such bridge construction in the form shown on Exhibit B hereto.
Other Public Streets: Applicant or successor shall convey to the Town in fee simple by deed
or in a form approved by the Town Attorney, free and clear of any and all liens or
encumbrance, and construct the on-site public streets generally as shown on the submitted
Concept/Rezoning Plan (Exhibit A), in accordance with the Virginia Department of
Transportation and Town of Leesburg standards. Location and conveyance of the right-of-way
shall be as generally shown on the submitted Concept/Rezoning plan and will occur when a
Final Subdivision Plat (record plat) has been approved for each phase.
Other Transportation Improvements: The Applicant. or its successor in interest, agrees to
contribute up to the aggregate sum of EIGHT HUNDRED ONE THOUSAND FIVE HUNDRED
DOLLAR~ ($801,500.00) (based on the projected number of 501 residential units and 20,040
gross square feet of commercial space), under the terms and conditions stated herein, as its pro-
rata, non-refundable, contribution toward the cost of regional road improvements within the
area of the Town of Leesburg, including but not limited to the construction of the Battlefield
Parkway bridge crossing of the W & OD Trail and Tuscarora Creek floodplain (the
"Transportation Improvements"). The Applicant's actual contribution shall be equal to ONE
THOUSAND FIVE HUNDRED DOLLARS ($1,500.00) per residential unit and TWO DOLl.ARS
($2.00) per gross square foot of commercial space actually constructed on the Property. These
funds shall be paid into an escrow account established by the Town of Leesburg for the specific
purpose of financing the construction of such Transportation Improvements. The Applicant. or
its successor in interest shall make payments to the Town of Leesburg on a residential unit-
by-unit and commercial-square-footage basis immediately prior to the issuance of zoning permits
for construction of individual residential units or commercial structures on the Property.
Public Safety: Applicant agrees that immediately prior to the time zoning permits are obtained
for individual residential units to be constructed on the Property, Applicant. or its successors
in interest, will pay to the Town of Leesburg the sum of ONE HUNDRED DOI.I.ARS ($100.00)
per residential unit as a non-refundable contribution to the fire and rescue facilities providing
service to the Property.
Public Parks Contribution: Applicant. or its successors in interest, agree that immediately prior
to the time zoning permits are obtained for individual residential units on the Property, it will
make a non-refundable cash contribution to the Town in the amount of TWO HUNDRED
DOLT.ARS ($200.00) per residential unit. These funds shall be placed by the Town in a fund
for the development of public park facilities at Ida Lee Park as the Town deems appropriate.
Public Park Dedication: The Applicant, or its successors in interest, at time of Final
Subdivision Plat approval, shall convey to the Town by deed or in a form approved by the
Town Attorney, in fee simple and free and clear of any and all liens or encumbrances, for
public park purposes an area of approximately 6.23 acres located at the northeastern corner of
the Property, shown as Parcel A on the submitted ConceptfRezoning Plan (E=hibit A). The
Applicant. or its successors in interest, will construct or provide one (1) three-person swing set.
Minutes of February 27, 1990
one (1) modular wood play structure, up to nine (9) picnic tables, one (1) pavilion/shelter with
restroom facilities, a seventy-four (74) space parking lot with curb and gutter, and the extension
of water and s~nitary sewer lines to the pavilion at a cost not to exceed One Hundred Twenty-
five Thousand Dollars ($125,000), including an 8 to 10 foot wide asphalt trail connection to the
W & OD Trail, all as generally shown on page 10 of the Concept/Rezoning Plan and in
accordance with the Development Schedule/Phasing Plan on page 1 thereof, as approved by the
Director of Parks and Recreation.
Pedestrian Trails: The Applicant, or its successors in interest, will construct a pedestrian trail
system throughout the Property as generally shown on the submitted ConceptfRezoning Plan
(Exhibit A) and the detailed drawings included on page 14 thereof. The trail will be an 8 to
10 foot wide asphalt trail system constructed to Town of Leesburg standards and built as stated
in the Development Schedule/Phasing Plan described on page 1 of the Concept/Rezoning Plan.
Landscaping Buffering and Tree Preservation: As generally shown on the Concept/Rezoning
Plan, Applicant or its successor will provide landscape buffering around the proposed townhome
cluster along Battlefield Parkway and the proposed townhomes adjacent to Tavistock Farms.
The Applicant or its successor will submit a tree preservation plan and preliminary grading
plan for Planning Commission review and approval concurrently with the first subdivision or
development plan. The Applicant or its successor will also work with Town Staff to develop
up to three alternate stormwater channel designs which allow maximum tree preservation,
alternate bank stabilization techniques and site specific landscape plantings to re-establish a
naturalized channel which meets engineering standards. Three (3) CONCEPTUAL alternate
stormwater channel designs will be submitted for Planning Commission review at initial
preliminary subdivision plan submission, with FINAL alternate stormwater channel design
prepared and submitted concurrently with site infrastructure construction drawings. In
addition, the Applicant or its successor will supplement the existing vegetation where the
proposed single-family homes abut the industrially-zoned land at the southern border of the
Property and provide a buffer area as approximately shown on the Concept/Rezoning Plan.
The proposed landscape buffering and vegetation supplementation shall be substantially as
shown on the detailed drawings included in the Concept/Rezoning Plan (Exhibit A). The
Applicant or its successor will preserve the significant areas of 25% slopes within Kincaid Park
and the Commercial/Retail area as shown on pages 5, 10 and 12 of the Concept/Rezoning Plan.
Homeowner's Association: When a Final Subdivision Plat (record plat) for Phase I (as
described in the Development Schedule/Phasing Plan) has been approved, Applicant or its
successor will establish a Homeowner's Association to be composed of all owners of residential
lots on the Property. The Declaration of Covenants and Restrictions will be provided to the
Town Attorney for review prior to recordation. The Homeowner's Association will be
empowered to assess annual dues from its members and will manage and maintain the
Common Areas, including the pedestrian trail system. Applicant agrees that the Final
Subdivision Plat (record plat) for each phase of the project will contain the following notation:
"Management and maintenance of the Common Areas and the pedestrian trail systems are the
responsibility of the Homeowners Association." Further, Applicant or its successor will impose
Restrictive Covenants appropriate to the character of the neighborhood by recording the
Declaration of Covenants and Restrictions at the time the Final Subdivision Plat is recorded.
10.
Fire Prevention: All builders of homes on the Property will offer to customers the option of
installing a fire sprinkler system in the home at a price to be determined by the builder.
11.
Emergency Access: Applicant or its successor will install temporary street signs during
construction and shall maintain access to the Property for emergency vehicles during
construction.
12.
Development Generally: Development of the Property shall be in general conformity with the
ConceptfRezoning Plan Application attached hereto as Exhibit A, including the Development
Schedule/Phasing Plan shown on page 1 thereof, which shall control the general layout and
general configuration of the property. The Applicant reserves the right to make minor
alterations to the Development Schedule/Phasing Plan with respect to acreage in each phase
and/or the balance of the residential unit types and construction of the commercial uses with
the prior approval of the Land Development Official, provided such changes have no significant
impact on the phasing of public improvements. Applicant or its successor reserves the right
to submit other amendments to the Development Schedule/Phasing Plan or these proffers to
the Town Council for review and approval.
The general architectural design and materials shown in the Concept/Rezoning Plan are
intended to be representational and to demonstrate the overall level of quality and finish of the
homes and commercial/retail structures to be constructed on the Property. Residential unit
rni~ will consist of architectural styles as shown on page 14 of the Concept/Rezoning Plan, with
no more than two (2) similar styles adjacent to each other. A minimum of one upgrade facade
option will be incorporated on each unit, including but not limited to: dormers, columns,
masonry facade, window lintels, front porch. In addition: (a) chimneys on single family
detached dwellings shall be masonry chimneys; Co) a minimum of twenty-five percent (25%) of
all single family detached and single family attached dwellings shall have a brick facade; (c) a
minimum of twenty percent (20%) of all single family detached and single family attached
dwellings shall have a cedar shake roof (which may consist of architectural-grade shingles); and
64
Minutes of February 27, 1990
(d) the commercial/retail structures shall have a cedar shake roof (which may consist of
architectural-grade shingles). Reasonable allowance shall be made for engineering and design
alteration at the time of actual subdivision and/or site plan approvals, ff the Land
Development Official determines that the proposed architectural styles at time of construction
are significantly different from those shown on the approved ConceptfRezoning Plan, then the
Applicant or its successor may submit new architectural plans and renderings for Town Council
review and approval.
Applicant acknowledges that the final plat and construction drawings are subject to the terms
and conditions of the applicable subdivision and zoning ordinance as well as Town engineering
and construction standards. Applicant also acknowledges that ConceptfRezoning Plan approval
does not express or imply any waiver or modification of the requirements set forth except as
spedfically cited by ordinance section and paragraph in the motion for approval of this rezoning.
Finally, Applicant acknowledges that housing density may be decreased below the maximum
approved if necessary to provide, in the general locations indicated, all public facilities and
proffered items to the appropriate Town standards.
The Applicant represents that it has full authority to make these proffers and to execute this
document, that these proffers are made voluntarily and shall be binding on all owners, heirs,
successors and assigns.
SECTION II. This ordinance shall be effective upon its passage.
90-28 - RESOLUTION - AUTHORIZING A CONTRACT WITH BCM POTOMAC, INC., FOR
ENGINEERING SERVICES IN DESIGN AND CONSTRUCTION OF THE PHASE I
WATER SYSTEM IMPROVEMENTS PROJECT
WHEREAS, the 1987 Water System Master Plan for the Town of Leesburg as adopted by
Council, October 11, 1988, recommended the development of a Western Pressure Zone to address
inadequate pressures and fire flow demands in the northwest section of the Wwn's water service area,
including Normandy Village, Foxridge, Fairview, Rock Spring and Ayrlee subdivisions; and
WHEREAS, this project was included in the town's 1989-94 Capital Improvements Program,
adopted by Council on March 28, 1989; and
WHEREAS, the Town of Leesburg duly advertised and received proposals on January 22, 1990,
from nine engineering firms to provide these services pursuant to State and local procurement laws;
and
WHEREAS, the selection committee interviewed the highest ranked firms in accordance with
Section 8-3 of the town's purchasing policies; and
WHEREAS, the selection committee ~nked BCM Potomac, Inc., as the highest rated firm and
has concluded contract negotiations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The manager is authorized and directed to enter into a lump sum contract on behalf of the
town, in a form approved by the town attorney with BCM Potomac, Inc., in the amount of $103,000.00
for design and construction engineering services on the Phase I Water System Improvements project.
90-29 - RESOLUTION - AMENDING THE TOWN OF LEESBURG PURCHASING POLICY MANUAL
WHE~, effective January 1, 1990 SECTION 11-56.1 of the 1950 Code of Virginia, as
amended, requires governments contracting for construction contracts totalling $200,000.00 or more
must include in their bid documents an option for the contractor to use an escrow account procedure
for retainage of funds, if a retainage procedure is required; and
WHEREAS, in order to comply with this Virginia Code requirement an amendment to the
Town of Leesburg Purchasing Policy is necessary:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town of Leesburg Purchasing Policy is hereby amended to include the following section.
SECTION 8.1-21.1. Deposit of certain retained funds on certain contracts with the
Town.
A. When contracting directly with contractors for contracts of $200.000.00 or more for construction
of highways, roads, streets, bridges, parkin~ lots. demolition, clearing, eradin~, excavating, oaving, oile
driving, miscellaneous drainage structures, and the installation of water, zas. sewer lines and oumping
stations where portions of the contract price are to be retained, shall include in the Bid Proposal an
option for the contractor to use an escrow account procedure for ufili~.ation of the Town's retainage
funds by so indicating in the proposal documents. In the event the contractor elects to use the escrow
account procedure, the "Escrow Agreement" form included in the Bid Proposal and Contract shall be
executed and submitted to the Town within fifteen calendar days after notification. If the "Escrow
65
Minutes of February 27, 1990
Agreement" form is not submitted within the fifteen-day period, the contractor shall forfeit his rights
to the use of the escrow account procedure.
B. In order to have retained funds paid to an escrow agent, the contractor, the escrow agent, and
the surety shall execute an "Escrow Agreement" form. The contractor's escrow agent shall be a trust
company, bank or savings institution with its principal office located in the Commonwealth. The
"Escrow Agreement" and all regulations promulgated by the Town entering into the contract shall be
substantially the same as that used by the Commonwealth of Virginia Department of Transportation.
C. This section shall not apply to contracts for construction of railroads, public transit systems,
runways, dams, foundations, installation or maintenance of power systems for the generation and
prima .fy and secondary distribution of electric current ahead of the customer's meter, the installation
or maintenance of telephone, telem~a~h or signal systems for public utilities and the construction or
maintenance of solid waste or re.cycling facilities and treatment plants.
D. Any such public contract for construction, which includes payment of interest on retained funds,
may require a provision whereby the contractor, exclusive of reasonable circumstances beyond the
control of the contractor stated in the contract, shall pay a specified penal .ty for each day exceeding the
completion date stated in the contract.
E. Any subcontract for such public prqiect which provides for similar progress payments shall be
subject to the provisions of this section.
90-30 - RESOLUTION - APPROVING OUTDOOR OPERATIONS FOR A PORTION OF AREA 3 AND
AREA 5 AS DESIGNATED ON THE APPROVED PRELIMINARY
DEVELOPMENT/REZONING PLAN FOR #ZM-98 HIGH POINT ASSOCIATES.
WHEREAS, rezoning application #ZM-98 by High Point Associates was approved on November
8, 1988, by Ordinance No. 88-0-39, and established a Planned Employment Center (PEC) zoning
district with proffers; and
WHEREAS, Beckham Dickerson applied on behalf of High Point Associates, on August 21, 1989
for outdoor operations associated with a proposed C & P regional office on a portion of the High Point
Planned Employment Center (PEC) parcel; and
WHEREAS, Section 7B-17(e) of the Zoning Ordinance states:
"(e)
Use Limitations. The following limitations apply to the use of land in a planned
employment center in addition to any limitation provided in the ordinance
establishing the district.
(1)
Ail operations shall be conducted within a fully enclosed building unless
the Town Council finds that the outdoor operations are compatible with
the planned employment center;" and
WHEREAS, the proposed outdoor operations, subject to the conditions enumerated below, do
not adversely affect the approved planned employment center, or the adjacent residential development
and elementary school; and
WHEREAS, this Council has determined that the proposed re-alignment of area 3 and area 5
to accommodate this proposal is in general conformance with the original rezoning action:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The application for outdoor operations for a C & P Regional Headquarters only on a portion
of area 3 and area 5 as designated on the approved preliminary development/rezoning plan for #ZM-
98 High Point Associates is hereby approved, subject to the following conditions:
The layout and location of the outdoor operations shall be in general conformance to the
concept plan dated February 6, 1990, prepared by Beckham W. Dickerson, Jr. An S-2
landscaping screen shall be required along the entire east and west boundaries of the site.
o
A maximum 5-foot berm with a 3 to 1 slope shall generally be required within an area
approximately 30 feet wide along the entire east and west sides of the site, subject to final
approval by the Land Development Official.
The maximum allowable building square footage of area 3 shall be restricted to 119,000 square
feet with a 20% open space requirement. Excess building construction from the other areas may
not be averaged onto area 3.
The architectural treatment of the C & P building and accessory structures, including the level
of detail, scale and material shall be cohesive with the approved architecture of the office
buildings depicted in Exhibit A of the approved rezoning plan.
90-31 RESOLUTION RECEIVING AND REFERRING THE APPLICATION OF LINI-IAB
DEVELOPMENT CORPORATION FOR AN AMENDMENT TO THE LINDEN I-TTLT~
66
Minutes of February 27, 1990
PLANNED DEVELOPMENT (#ZM-60) AND SETTING A JOINT PUBLIC HEARING
UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE OF VIRGINIA, AS
AMENDED
WHEREAS, Section I of Ordinance No. 85-O-23 amending the Leesburg Zoning Map states:
"The Linden Hill Concept Plan/Preliminary Development Plan, as
amended for a maximum of 60 single-f,_mily condominium units, plus
one single-f~mily residential unit and one clubhouse unit in the existing
house, is approved
and the Leesburg Zoning Map is revised to change from County R-2 to
PRN, 10.3367 acres of land .... "; and
WHEREAS, the applicant has now requested removal of the clubhouse from the existing main
house and to relocate it in the building to be constructed adjacent to the proposed swimming pool and
to allow the main house to be developed as a single-f~mily dwellin$-, and
WHEREAS, the applicant has requested a joint public hearing on this application in order to
allow for the prompt construction of the recreation facilities for the residents of Linden Hill:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The application of Linhab Development Corporation, assigned rezoning number #ZM-117, for
a concept plan amendment to #ZM-60 is hereby initiated and a notice of joint public hearing with the
Planning Commission to consider rezoning application #ZM-117 shall be published in the Loudoun
Times-Mirror. The notice shall be published on March 9, 1990, and March 16, 1990, for public
hearing on March 27, 1990 at 7:30 p.m. in the Council Chambers, 10 Loudoun Street. S.W.,
Leesburg, Virginia. The Clerk shall give notice of this joint hearing to the Planning Commission.
90-32 - RESOLUTION - GRANTING APPROVAL OF THE ENCROACHMENT INTO THE PUBLIC
RIGHT-OF-WAY BY A HANDICAP RAMP TO BE LOCATED AT 17 ROYAL STREET,
WHEREAS, the construction of a handicap ramp is required by Technical Services, the
Loudoun County building department, for the renovation of this building; and
WHEREAS, the addition of the ramp will not detract from the architectural significance of this
historic building; and
WHEREAS, the design and construction details will be reviewed by the Board of Architectural
Review; and
WHEREAS, the proposal as been reviewed by the Director of Engineering and Public Works
who found the new construction to be acceptable;
THEREFORE, RESOLVED by the council of the town of Leesburg in Virginia, as follows:
The council hereby grants permission for the property owner to construct a handicap ramp
within sixteen (16) feet of in the public right-of-way at 17 Royal Street" S.W.
90-33 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
GOVERNOURS SQUARE PHASE I CONDOS
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
Governours Square Phase I Condos.
SECTION II. The extension of municipal water and sewer for Governours Square Phase I
Condos is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION Ill. The irrevocable bank letter of credit in a form approved by the town attorney
from the Sovran Bank N.A. in the amount of $416,071.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Governours Square Phase I Condos.
90-34 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
GOVERNOURS SQUARE PHASE I TOWN'HOUSES
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
67
Minutes of February 27, 1990
Governours Square Phase I Townhouses.
SECTION Il. The extension of municipal water and sewer for Governours Square Phase I
Townhouses 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 the Sovran Bank N.A. in the amount of $1,641,325.95 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for Governours Square Phase I Townhouses.
90-35 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE AND
AUTHORIZING A TIME EXTENSION FOR PUBLIC IMPROVEMENTS
INSTALLATION IN FOX CHASE SECTION I
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in Fox Chase Section I and certified that the value of work performed
exceeds $248,000.00; and
W-I-IEREAS, a letter of credit from Sovran Bank in the amount of $310,000.00 has been
provided by the developer and approved by Council to guarantee installation of public improvements
for Fox Chase Section I.
WHEREAS, Pulte Home Corporation, the developers of Fox Chase Section I have not completed
all of the required public improvements in accordance with the approved construction drawings and
town standards within the two year period agreed to in the contract for public improvements; and
WHEREAS, the letter of credit from Sovran Bank dated March 15, 1988, which guarantees the
installation of public improvements in the amount of $310,000.00 will expire on March 15, 1990.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Sovran Bank in the amount of $310,000.00 is reduced to
$62,OOO.OO.
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 Fox Chase Section I.
SECTION III. A time extension of one year for installation of public improvements is hereby
approved.
90-36 RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE
PERFORMANCE GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE
FOR PUBLIC IMPROVEMENTS AT 201 AND 203 LIBERTY STREET
V(HEREAS, 201 Joint Venture, the developer of 201 and 203 Liberty Street has completed the
public improvements in accordance with approved plans and town standards, and these have been
inspected and approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The irrevocable letter of credit from Sovran Bank in the amount of $10,297.00 is
released, and a new surety in a form approved by the town attorney for a maintenance guarantee in
the amount of $514.85 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.
Aye: Councilmembers Clem, Kimball, Lovin, Mulokey Tolbert and Mayor Sevila
Nay: None
Absent: Forester
On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following ordinance was proposed and
unanimously adopted.
90-0-6 - ORDINANCE - AMENDING SECTION 17-1.1 OF THE TOWN CODE
WHE~, Loudoun County elderly and handicapped residents are eligible for expanded
eligibility requirements for real estate tax relief; and
WHERF, AS, at the urging of the Town Council members, Senator Charles Waddell amended
legislation before the General Assembly to expand Leesburg's requirements for tax relief for elderly and
disabled persons to match those of Loudoun Count~.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Minutes of February 27, 1990
SECTION I. Section 17-1.1 of the Town Code is amended to read as follows:
Sec. 17-1.1. Tax Relief for the elderly and totally and permanently disabled.
(a) Definitions.
As used herein:
(1)
"Total gross combined income" means gross income from all sources of the
owners of the dwelling residing therein and of any relatives of the owner who
reside in the dwelling, provided that the $6,500 of income of each relative, other
than the spouse of the owner or owners, who is living in the dwelling shall not
be included in such total.
(2)
"Net combined financial worth" means all assets less liabilities of the owners of
the dwelling and of the spouse of any owner who resides therein, including
equitable interests, excluding the value of the dwelling and the land in an
amount not to exceed one acre upon which it is situated.
(3) "Affidavit" means the real estate tax exemption or deferral affidavit.
(4) "Town" means Town of Leesburg, Virginia.
(5) "Town Council" means the Town Council of the Town of Leesburg.
(6)
"Director of Finance" means the Director of Finance of the town or any of his
duly authorized agents.
(7)
"Deferral" means deferral from the town real estate tax according to the
provisions of this chapter.
(8)
"Dwelling" means the full-time owned residence of the person or persons
claiming exemption or deferral; and the land on which it is situated, not to
exceed one acre.
(9)
"Exemption" means exemption from the town real estate tax according to the
provisions of this chapter.
(10)
"Head of Household" means the primary earner of income, between the husband
and wife, who either jointly or solely owns the dwelling and qualifying land on
which tax relief is sought.
(11) "Person" means a natural person.
(12)
"Permanently and totally disabled" means a person who has been certified by
the Veterans Administration, or the Railroad Retirement Board, or if such
person is not eligible for certification by any of these agencies, a sworn affidavit
by two medical doctors licensed to practice medicine in the Commonwealth, one
of who practices medicine in Leesburg, to the effect that such person is
permanently and totally disabled. The affidavit of at least one such doctor may
be based upon medical information contained in the records of the Civil Service
Commission which is relevant to the standards for determining permanent and
total disability. For purposes of this section, the terms "permanently and totally
disabled" shall mean unable to engage in any substantial gainful activity by
reason of any medically determinable physical or mental impairment or
deformity which can be expected to result in death or can be expected to last
for the duration of such person's life.
(13) "Property" means real property.
(14)
"Taxable year" means the calendar year, from January 1 until December 31 for
which exemption or deferral is claimed.
Sec. 17-1.2. Exemption or deferral authorized; effective date.
(a)
Real estate tax exemption or deferral is provided for qualified property owners
who are not less than sixty-five years of age or who are permanently and totally
disabled and who are eligible according to the provisions of this chapter.
Persons qualifying for exemption or deferral are deemed to be bearing an
extraordinary real estate tax burden in relation to their income and financial
worth.
(b) The effective date of this chapter shall be January 1, 1985.
Sec. 17-1.3. Administration of exemption or deferral.
69
Minutes of February 27, 1990
The exemption or deferral shall be administered by the DirecWr of Finance according
to the provisions of this chapter. The Director is hereby authorized to make an inquiry
of persons seeking such exemption or deferral in conformity with the provisions of this
chapter, including the requiring of answers under oath, as may be reasonably necessary
to determine qualifications for exemption or deferral as specified by this chapter. The
Director may require the production of certified income tax returns and appraisal
reports to establish income and/or financial worth.
Sec. 17-1.4. Requirements for exemption or deferral.
An exemption or deferral shall be granted subject to the following provisions:
(a)
The title of the dwelling for which an exemption or deferral is claimed is held,
or partially held, on January I of the taxable year by the person or persons
claiming the exemption or deferral.
(b)
The person or persons occupying the dwelling and owning title, or partial title,
thereto is not less than sixty-five years of age on December 31 of the year
immediately preceding the taxable year, or the person or persons occupying such
dwelling are considered to be considered to be permanently and totally disabled
as defined in Sec. 17-1.1(12) of this ordinance.
(c)
A dwelling jointly held by a husband and wife may qualify if either spouse is
over sixty-five or is permanently and totally disabled. Such exemption or
deferral program shall be subject to the following restrictions and conditions:
(1)
The gross combined income of the owner or owners during the year
immediately preceding the taxable year did not exceed
+~ ...... n ~^un~ t~oo ~nm forty thousand dollars ($40,000. Gross
combined income includes all income from all sources of the owner or
owners and of owners' relatives living in the dwelling for which the
exemption or deferral is claimed, provided that the first six thousand
five hundred dollars ($6,500) of income of each relative, other than the
spouse, of the owner or owners, who is living in the dwelling, shall not
be included in such total. Also excluded from gross income is all of the
income received by an owner for permanent disability for the preceding
year up to a maximum amount of $7,500.
(2)
The total combined net financial worth of the owner or owners as of
December 31 of the year immediately preceding the taxable year did not
exceed ~c;'cn~' five thcu~n~ ($75,000) one hundred fifty thousand
dollars $150,000. Total net financial worth shall include the value of
all assets, including equitable interests, of the owner or owners and the
owners' spouse, and shall exclude the fair market value of the dwelling
and the land upon which it is situated, not exceeding one acre, for
which the exemption or deferral is claimed.
Sec. 17-1.5. Claiming an exemption or deferral.
(a)
Annually, and not later than May 1 of the taxable year, the person or persons
claiming either an exemption or deferral must file a real estate tax exemption
or deferral affidavit with the Director of Finance. Those applying for an
exemption or deferral for the first time must file on or before September 1 of
the tax year for which relief is sought. The Director shall have the discretion
to permit applicants to file after these deadlines in cases of genuine hardship.
(b)
The affidavit shall set forth in a manner prescribed by the Director the names
of the related persons occupying the dwelling for which the exemption or
deferral is claimed, their gross combined income and the total combined net
worth of the owners and spouses. The affidavit shall also state whether or not
the person or persons claim the exemption or the deferral option and, if the
deferral, the amount of deferral claimed, up to 100% of the real estate tax
liability.
(c)
If, after audit and investigation, the Director determines that the person or
persons are qualified for an exemption or deferral, he shall so certify and shall
deduct the amount of the exemption or deferral from the claimant's real estate
tax liability.
Sec. 17-1.6. Amount of exemption.
The person or persons qualifying for and claiming an exemption shall be relieved of all
real estate tax liability for that portion of the real estate tax levied on the qualifying
dwelling and land.
7O
Minutes of February 27, 1990
Sec. 17-1-7. Amount of deferral; repayment of deferred taxes.
The person or persons qualifying for and claiming a deferral shall be relieved of all real
estate tax liability levied on the qualifying dwelling and land.
The accumulated amount of taxes deferred shall be paid, without penalty and with
interest in the amount of 8% per year, to the Director of Finance by the vendor upon
the sale of the dwelling, or from the estate of the decedent within one year after the
death of the last owner thereof who qualifies for tax deferral under the provisions of
this chapter. Such deferral of real estate taxes shall constitute a lien upon the real
estate as if they had been assessed without regard to the deferral under the provisions
of this chapter. However, such liens shall, to the gross price for which such real estate
may be sold, be inferior to all other liens of record.
Sec. 17-1.8. Changes in status.
Changes with respect to income, financial worth, ownership of property, medical status
or other factors occurring during the taxable year for which the affidavit is filed, and
having the effect of exceeding or violating the limitations and conditions provided in this
chapter, shall nullify any relief of real estate tax liability for the then current taxable
year and the taxable year immediately following.
Sec. 17-1.9. False Claims.
Any person or persons falsely claiming exemption or deferral shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less than $50.00 nor more
that $300.00 for each offense.
SECTION II. This ordinance shall be effective July 1, 1990.
Mr. York explained that this legislation will allow the town to increase the income and net
worth limits for individuals that qualify for tax relief. Currently, anyone that earns $22,000.00 per
year or has a net worth of $75,000.00 qualifies for a tax relief. Under the proposed legislation those
limits will be increased to $40,000.00 and $150,000.00. Making these changes will broaden the scope
of the criteria that is used to determine who is eligible for tax relief. This should also make it so that
a greater number of individuals can take advantage of this. If someone qualifies for this program, they
are totally exempt from paying town real estate tax.
Mr. Clem is glad that the town has taken this initiative.
Mr. Muloke¥ thanked Senator Waddell for his efforts, in the State Legislature, in getting this
legislation passed to include the town.
Mr. Kimball asked that a copy of this resolution be sent to Senator Waddelh
Aye~
Nay:
Absent:
Councilmember Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
None
Forester
On motion of Mr. Mulokey, seconded by Mr. Lovin, the following resolution was proposed and
adopted.
90-37 - 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
WHEREAS, 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
WHE~, 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 wen as current development plan roadway alignments;
and
71
Minutes of February 27, 1990
WHEREAS, the Town Council initiated the adoption of a revised VDOT Route 7 Corridor Plan
on July 11, 1989; and
WHEREAS, the Leesburg Planning Commission held a public hearing on September 28, 1989;
and
WHE~, 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 will operate at an unacceptable Level of Service and be detrimental to properties adjacent
to Route 7 which desire safe and convenient access to their properties; and
WHEREAS, adoption of the VDOT Route 7 Corridor Plan will 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, 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 will be retained until such time as equitable alternative
access from Route 7 to the property is provided.
SECTION III. This resolution shall be effective upon its passage.
Mr. Clem said that Mr. Stanley with the Virginia Toll Road Corporation did a super job, this
evening, telling the Council and public about the proposed toll road. Mr. Clem believes, ultimately, it
will take traffic off of Route 7. He is concerned with Route 7, as we recognize it today - it is not going
to improve to a better level of service by making it a limited access highway. We are also in a position
where the toll road has not been finalized to the existing bypass around Leesburg. As we stand today,
improving the highway to six lanes, there will be a bottleneck at. the bypass - the bypass is still two
lanes in each direction and will not be able to handle the traffic that will be at the cloverleaf. Mr.
Clem feels that we will have problems with access to existing businesses which generate tax revenue
for the town. If we lose that revenue, it will be passed down to the citizens of Leesburg. Our taxes
are high enough. We need to explore some avenue of dispersing the traffic, when it crosses Goose
Creek, to send it either in a northerly or westerly direction. Making Route 7 a limited access does not
benefit the citizens of Leesburg. It is a detriment.
Mr. Lovin stated that he does not share the same view as Mr. Clem, especially in regard to
limited access. In 1987 the Town Council designated Route 7 as a limited access road. Mr. Lovin
favors Route 7 being a limited access road because of the amount of development that is planned for
this area. Limited access will benefit the movement of traffic. The County has designated the section
of Route 7 that goes through the County as limited access. Enacting this legislation will provide a
planning tool. It does not necessarily mean that Route 7 will not be investigated further into the
future. The situation now requires the town to do something. Mr. Lovin favors the legislation and
will vote for it.
Mr. Mulokey wished to answer some of the questions raised, this evening, regarding the Route
7 Corridor Plan. The first - why should we adopt this plan now. Unless we adopt a plan and make
a clear statement to all those who will be developing along this corridor, it is most likely they will go
into modes of development that would be unfortunate for the long term growth of the community.
Three items, come to Mr. Mulokey's mind, in terms of urgency. First of all is the hospital. We have
heard the hospital indicate that they wanted to leave town because of the traffic problems coming into
town from the east. The plan, as it is proposed for adoption tonight sends a dear message to the
hospital that the Town of Leesburg wants to eliminate the traffic problem and keep the hospital in
town. The second reason for the urgency is the County administration center. One of the objections
that was made to Leesburg's Stratford site was a concern for traffic access to that site. This plan
clearly says to the County that we intend to provide quick access to that site. The third reason for
urgency is the Virginia Toll Road Corporation's preparation to break ground in the near future. It is
important for the town to get a plan in place, right away, which will allow us to improve the bypass
and the intersection at Route 15 and Route 7. This plan is not perfect, however, it is the combined
efforts of a number of professional traffic engineers who are objective and who have no personal
interest in how the roads are designed. I believe that they have the most professional objective interest
in moving traffic around our community. The plan was reviewed by the town's Planning Commission
72
Minutes of February 27, 1990
and was recommended for approval by the Planning Commission. The alternative plan is one that
would leave, in place, a traffic jam at the eastern entrance of the town. I cannot see the wisdom in
spending tens of thousands of dollars an acre to purchase new land while we leave a traffic jam at the
entrance to our town. It is my understanding this plan is a conceptual plan which does not constrain
us to any particular type of interchange design but does allow us a framework for developing a
particular design within the constraints of the overall plan. The sooner we adopt this plan the better
it is going to be for all of the citizens of Leesburg.
Mr. Kimball believes that conceptually it is a good plan but its not good enough. In my
opinion this plan moves traffic into the community and does nothing to move traffic around the
community. At the February 21, Planning and Zoning Committee meeting I asked specifically about
the termination of Route 653 northbound - I found it curious that nobody answered the question.
This week in our packets we received the Washington By-Pass Study. It is interesting to note that the
people that brought us the Route 7 Corridor Plan are the same people that are bringing us the plan
for the western bypass. Which means Route 653 going across two points in Maryland to run to
unestablished points. If the parallel lines were laid along Route 7, two years ago, and subsequent to
that time became involved in a Washington Bypass Study, then there is sort of a master plan and it
is up to us to piece meal it together and make some sort of sense out of it. It is short sighted to give
us Route 653 that goes a couple of hundred yards north of Route 7 and terminates - when it seems
to be part of a larger master plan that hinges upon Maryland's acceptance. It seems there is some type
of a strong-arm package which is foreign to me.
With regard to the hospital, I too share everyone's concern with the hospital leaving our
community. The proper place for the hospital is in the community. However, using the Route 7
Corridor Plan as a basis for their wanting to move is somewhat short sighted. My understanding of
the hospital's move is that they expect not to do anything for 2 or 3 years. They are still analyzing
their particular position, searching for the proper location. When in fact the Route 7 Corridor Plan is
a 15 to 20 year plan. I don't understand how that can actually favor or not favor the hospital.
With regard to the County administration building, I think the toll road will help that situation
tremendously and the Battlefield Parkway connecting to Route 7 will help that situation as well.
I have been opposed to it and I remain opposed to it.
Mayor Sevila said that he has listened to the comments in the work sessions and tonight. He
noted that 5 of the 7 councilmembers commute Route 7 everyday. He looks at this decision as one
that is a step in a long term process. It is the lack of long term planning that has created the
problems throughout Northern Virginia. We can't sit here and treat t~oute 7, east of the bypass, as
a Leesburg street. It doesn't function that way and we must recognize that it is a very important part
of a regional transportation network. What we are doing now is putting in place the planning that will
enable, as late as a generation from now, significant improvements to be made on Route 7 to keep it
from absolutely stalling - gridlock. I have listened to Mr. Clem's comments and we just disagree. You
say it is a road for somebody else going someplace else - I don't believe that. A perfect example - 5
out of our 7 councilmembers use that road. It is a road that is literally traveled by our citizens
frequently if not on a daily basis. We can't ignore the crying need for some long term planning.
Being critical of VDOT does not gain us anything. VDOT is the agency that has been
designated by the Governor, by legislature, to do our planning. We have our own planning staff, we
have received the input from independent consultants, all of whom concur that something drastic
needs to he done with Route 7.
To the property owners along Route 7, who are concerned that we are adversely affecting
property values - your property values are not going to decline as a result of sound transportation
planning. Route 7 is going to be the part of a network of roads in eastern Loudoun County. A
network of roads that will be put in place to assure that there is better access to all of the properties.
I hope that I am around, in 15 to 20 years, when the effects of this planning actually come to fruition.
The properties along Route 7 will be worth far more than they would have been if Route 7 was left
to develop as it is today. We have a problem situation, we are foolish to turn our backs on it. I
support this plan. This is the second or third consistent step taken by this Council beginning in 1986.
I do not discount the fact that all the government centers are being evaluated, including the
Leesburg site, based on accessibility. I don't discount the fact that we had representatives from the
hospital tell us that one of the reasons they are forced to consider moving out of Leesburg is the
inability to get to and from Leesburg from the east during rush hour. These are the planning criteria
that are being used by the two biggest employers in the Town of Leesburg as justification, at least in
pa~ for wanting to leave the Town of Leesburg. It is an important entrance and we must keep it
open at all hours of the day and designating Route 7 as a limited access is an important step in doing
that.
Mr. Kimball assured everyone that he is convinced that something must be done. He agrees
that this section of Route 7 is part of a large regional network - it is interesting that the network
seems to stop at Leesburg. There is no networking around Leesburg.
Aye: Councilmembers Lovin, Mulokey, Tolbert and Mayor Sevila.
Nay: Counci]members Clem and Kimball
Absent: Councilmember Forester
73
Minutes of February 27, 1990
On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following resolution was proposed and
unanimously adopted.
90-38 - RESOLUTION - CONCURRING IN BOUNDARY LINE ADJUSTMENT WITHIN FAIRVIEW
SUBDMSION, ON BLOCK F LOTS 7-12, PERSHING AVENUE, PURSUANT TO
SECTION 13-55.3 OF LEESBURG SUBDIVISION AND LAND DEVELOPMENT
REGULATIONS
WHEKEAS, the recorded subdivision plat of Fairview Subdivision, Block G, as recorded in the
land records of Loudoun County, shows five boundary lines separating lots 7-12; and
WHEREAS, these lots do not meet various requirements of the Leesburg Zoning Ordinance and
are classified as non-conformin~ and
WHEREAS, the residents of the neighborhood have expressed concern regarding the
development of single family homes on twenty-five foot lots; and
WHEREAS, the owner of these lots desires that two boundary lines separating lots 7-12 be
vacated to create four lots that will not increase the non-conformity of the lots and will allow
construction of homes similar in size to homes in the existing neighborhood; and
WHEREAS, Title 15.1-483.1 of the Code of Virginia, as amended vests the governing body the
authority to relocate or otherwise alter the boundary lines of any properly recorded plat of subdivision
or resubdivision; and
WHEREAS, the Land Development Official has been vested with the authority to
administratively vacate lines by Section 13-55.3 of the Subdivision and Land Development Regulations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
This Council concurs with the Land Development Official's decision to vacate two boundary
lines on Block G, Lots 7-12 to create four equal sized lots pursuant to Section 13-55.3 of the
Subdivision and Land Development Regulations.
Mr. Clem asked if the Council could vacate the boundary lines without going through a public
hearing. Ms. Imhoff stated that George Martin has reexamined the state language on lot vacation and
believes that a public hearing is not necessary. If Clem asked if the town was still creating non-
conforming lots. Ms. Imhoff stated that is correct - these lots will not meet the existing or proposed
zoning ordinance for that area. Those lots are protected under the Code of Virginia. We cannot take
away the legal right to make use of that properly, legally recorded parcel.
Mr. Lovin asked if the neighboring residents were satisfied with the proposed compromise. Ms.
Imhoff reported that staff asked the developer to take this compromise to the people who live in that
neighborhood. Staff has not received a reading back from the residents. People were encouraged to
come to tonight's meeting and state their views. Earlier, some of the residents had been satisfied.
Mr. Minor stated that Mayor Sevila alerted him, approximately 30 days ago, to the problem
in that neighborhood. The town's zoning department told the builder to go into the neighborhood,
show them what you intend to build, see what the community reaction is and let staff know. The
builder did this and came back with the concept of going from 6 homes to 4 on the six lots. The Land
Development Official can accomplish boundary line adjustments. Staff believes that this is a very
sensitive issue and of great concern to the Council and citizens and believes this matter needed to be
elevated to Council for evaluation.
Mr. Kimball would like to have a public hearing on this issue in order to hear from the
citizens.
Mr. Mulokey is afraid that by holding a public hearing, and not telling the builder something
soon, the builder will seek recourse in court and we will have done the citizens of this community a
disservice. This is a risk in delaying any further.
Mayor Sevila stated that this isn't anything new to the Council. The subject subdivision has
been the source of constant problems in the courts, before this town government and before our staff,
for years. We have seen an effort by the neighbors to achieve some kind of compromise
Mr. Clem said we are, in effect, establishing non-conforming lots. Mayor Sevila repeated that
we have seen an effort by the property owners to achieve some kind of compromise and it appears that
the developer has also made an effort. The real question is whether or not we are satisfied with the
effort and whether or not we would concur in what staff' has recommended and that is, create by
boundary line adjustment - 4 lots where there are now 6. Mr. Clem agrees with what the developer
is doing. It is another opportunity to get rid of those 25' lots. I still have some reservations.
Mr. Dale Conklin the developer said that he has talked to the adjacent property owners on a
couple of occasions. Basically, they do not like what he is doing but they are willing to accept the 4
lots because he is in a bad position. They want to make sure that this does not happen again. As it
74
Minutes of February 27, 1990
is now, I am losing 2 lots and taking a $50,000 loss that has to be redistributed among 4 lots. I have
lost engineering/architectural fees, etc. This is a difficult situation all the way around.
Mr. Clem understands the bind that Mr. Conklin is in. It is an unfortunate situation. If the
citizens support what Mr. Conkliu just said, and as long as legislation is put in place so that this does
not occur again, then a di~erent light is put on the situation. Mr. Minor said that Deputy Town
Attorney Deborah Welsh will develop some language that will allow us to insure that this will not
happen again. Mayor Sevila concurs with Mr. Conklin, in that, he bought these lots at a certain price
with certain expectations. This is a delicate balance that we are trying to achieve. Forcing the issue
any further is risky business particularly since Mr. Conklin's next appeal would be to a judge who
might take an interest in the amount of investment that he has made in the property and what his
expectations were and whether or not the town can, almost after the fact, affect his value. Mayor
Sevila wished to assure the citizens that the Council was doing the right thing in accepting this
proposal. Not to say that we could have done better had we started working on this s/x months
earlier. We started dealing with the problem when it became focused. We can take a serious look at
the number of vacant lots and see what can be done with respect to them. To see that the lot widths
are out to a compatible width and be assured that it will not have an adverse affect on property values
or the quality of life on these streets.
Aye: Councilmembers Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: Councilmember Clem
Abstain: Councilmember Kimball believes that this matter was a staff decision.
the actions but would like to abstain from the vote.
Absent: Councilmember Forester
He supports
On motion of Mr. Lovin, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
90-39 - RESOLUTION - OBSERVING AND HONORING THE MONTH OF FEBRUARY AS BLACK
HISTORY MONTH
WHERFu~, in February of 1926, sixty-one years after the ratification of the thirteenth
Amendment to the United States Constitution, Dr. Carter G. Woodson, a noted historian, felt a need
to recognize the achievements and contributions of Black Americans in this country; and
WHEREAS, the month of February was appropriately chosen to recognize the achievements of
Black Americans as it contained the birthdays of Abraham Lincoln and Frederick Douglass, and the
traditional one-week observance was expanded in 1976 to include the entire month of February:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The month of February, 1990 is hereby proclaimed as BLACK HISTORY MONTH and the
citizens of Leesburg are urged to join in recognizing the importance of Black History Month and in
educating the young people of our community in preserving and remembering the accomplishments of
Black Americans throughout the history of our great nation.
Mr. Tolbert asked who did the research on this resolution. Mr. Minor reported that Barbara
Markland obtained samples from other localities.
Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Absent: Councilmember Forester
Mayor Sevila, in light of the late hour, suggested that the Special Meeting to discuss the Draft
Zoning Ordinance, be carried over to the March 7, 1990 Planning and Zoning Committee meeting.
On motion of Mr. Clem, seconded by Mr. Mulokey, the Special Meeting to discuss the Draft
Zoning Ordinance was deferred to the March 7, 1990 Planning and Zoning Committee Meeting.
Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Absent: Councilmember Forester
Mr. Lovin made the following motion:
Pursuant to Section 2.1-344 of the Code of Virginia, I move that the Leesburg Town Council
go into Executive Session. The authority for this Executive Session is found in Section 2.1-344(3) of
the 1950 Code of Virginia, as amended. The public business matter to be discussed is the acquisition
of easements for the Peer Manor offsite storm drainage project.
The Town Manager, Town Attorney and Director of Engineering and Public Works are
requested to remain for the meeting.
The motion was seconded by Mr. Mulokey.
Aye: Counc/lmembers Clem, Kimball, Lovin, Mulokey, Tolbert and M~vor Sevila
Nay: None
Minutes of February 27, 1990
Absent: Forester
Mr. Lovin made the following motion:
I move that the Executive Session be adjourned, that the Leesburg Town Council reconvene its
public meeting and that the minutes of the public meeting reflect that no formal action was taken in
the Executive Session.
The motion was seconded by Mr. Clem.
Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Absent: Forester
On motion of Mr. Lovin, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted:
90-40 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF FEBRUARY 27, 1990
WHE~, the Town Council of the Town of Leesburg has this day convened in Executive
Session in accordance with an affirmative recorded vote of the Committee 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: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Absent: Forester
The public meeting was reconvened at 11:30 p.m.
On motion of Mr. Tolbert, seconded by Mr. Mulokey, the following resolutions were proposed
and unanimously adopted.
90-41 - RESOLUTION AUTHORIZING AN OFFER TO AGNES DIZEREGA COOK FOR
PURCHASE OF A STORM DRAINAGE EASEMENT NEEDED FOR THE PEER
MANOR OFFSITE STORM DRAINAGE IMPROVEMENT PROJECT &
AUTHORIZING CONDEMNATION PROCEEDINGS
WHEREAS, the 1975 Storm Drainage Master Plan and the Capital Improvements Program call
for extensive storm drainage improvements at the western ~/~ intersection of West Loudoun Street and
West Market Street and a new channel to Town Branch from West Loudoun Street; and
WHEREAS, alternative box culvert routes have been evaluated, the design has been completed
and construction plans approved; and
WHEREAS, easements for the underground box culvert are required to allow this project to
proceed; and
WHEREAS, completion of this project during the 1990 construction season is a high priority
since this will correct severe flooding problems on West Loudoun Street and West Market Street.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Agnes DiZerega Cook is hereby offered a sum of $1,000.00 plus landscaping
installed by the town as just compensation for the easement shown on the attached plat and described
in the easement documents.
SECTION II. In the event this offer is not accepted in writing within ten (10) days from
receipt, the Council hereby declares that an essential public convenience and necessity exists to acquire
the easement and does hereby authorize the Town Attorney to file the requisite petition for
condemnation and early entry in order to construct the storm drain system on behalf of the Town of
Leesburg and does authorize the Director of Finance to issue a check in the sum of $1,000.00 payable
to the Clerk of the Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as
amended.
90-42 - RESOLUTION - AUTHORIZING AN OFFER TO STANLEY F. CAULKINS FOR PURCHASE
OF A STORM DRAINAGE EASEMENT NEEDED FOR THE PEER MANOR
OFFSITE STORM DRAINAGE IMPROVEMENT PROJECT & AUTHORIZING
CONDEMNATION PROCEEDINGS
76
Minutes of February 27, 1990
WHEREAS, the 1975 Storm Drainage Master Plan and the Capital Improvements Program call
for ex~nsive storm drainage improvements at the western "h~ intersection of West Loudoun Street and
West Market Street and a new channel to Town Branch from West Loudoun Street; and
WHEREAS, alternative box culvert routes have been evaluated, the design has been completed
and construction plans approved; and
WHEREAS, easements for the underground box culvert are required to allow this project to
proceed; and
WHEREAS, completion of this project during the 1990 construction season is a high priority
since this will correct severe flooding problems on West Loudoun Street and West Market Street.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Stanley F. Caulkins is hereby offered a sum of $7,000.00 plus landscaping installed
by the town as just compensation for the easement shown on the attached plat and described in the
easement documents.
SECTION II. In the event this offer is not accepted in writing within ten (10) days from receipt,
the Council hereby declares that an essential public convenience and necessity exists to acquire the
easement does hereby authorize the Town Attorney to file the requisite petition for condemnation and
early entry in order to construct the storm drain system on behalf of the Town of Leesburg and does
authorize the Director of Finance to issue a check in the sum of $7,000.00 payable to the Clerk of the
Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended.
90-43 - RESOLUTION - AUTHORIZING AN OFFER TO HERBERT D. INGRAM AND MARY E.
INGRAM FOR PURCHASE OF A STORM DRAINAGE EASEMENT NEEDED FOR
THE PEER MANOR OFFSITE STORM DRAINAGE IMPROVEMENT PROJECT &
AUTHORIZING CONDEMNATION PROCEEDING
WHEREAS, the 1975 Storm Drainage Master Plan and the Capital Improvements Program call
for extensive storm drainage improvements at the western '~/~ intersection of West Loudoun Street and
West Market Street and a new channel to Town Branch from West Loudoun Street; and
WHEREAS, alternative box culvert routes have been evaluated, the design has been completed
and construction plans approved; and
WHEREAS, easements for the underground box culvert are required to allow this project to
proceed; and
WHEREAS, completion of this project during the 1990 construction season is a high priority
since this will correct severe flooding problems on West Loudoun Street and West Market Street.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Herbert D. Ingram and Mary E. Ingram are hereby offered a sum of $4,000.00
plus $7,000.00 for landscaping as just compensation for the easement shown on the attached plat and
described in the easement documents.
SECTION II. In event this offer is not accepted in writing within ten (10) days from receipt,
the Council hereby declares that an essential public convenience and necessity exists to acquire the
easement and does hereby authorize the Town Attorney to file the requisite petition for condemnation
and early entry in order to construct the storm drain system on behalf of the Town of Leesburg and
does authorize the Director of Finance to issue a check in the sum of $11,000.00 payable to the Clerk
of Circuit Court in accordance with Section 25-46.8 of the 1950 Code of Virginia, as amended.
Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Absent: Forester
On motion of Mr. Mulokey, seconded by Mr. Clem, the meeting was adjourned.
Aye: Councilmembers Clem, Kimball, Lovin, Mulokey, Tolbert and Mayor Sevila
Nay: None
Absent: Forester
--~le~k o£ Counc±l
Rob'e~t' E. 'Sev~f l~yor
Town of Leesburg