HomeMy Public PortalAbout1990_10_10MINUTES OF THE REG~ MEETING OF THE LEESBURG TOWN COUNCIL
OCTOBER 10, 1990
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A regular meeting of the Leesburg Town Council was held in the Loudoun County School Board
Meeting Room, 102 North SWeet, N.W., Leesburg, Virginia on October 10, 1990 at 7:30 p.m. The
meeting was called to orde~ by the Mayor, with the invocation given by Councilmember Kimball and
the Salute to the Flag led by Mr. Frank Carney. Present were: Mayor Robert E. Sevila,
Councilmembers Georgia W. Bange, James E. Clem, Christine M. Forester, Donald A. Kimball, Claxton
E. Lovin and William F. Webb. Also present were: Town Manager Jeffrey H. Minor, Assistant Town
Manager Steven C. Brown, Director of Planning, Zoning and Development Katherine Imhoff, Director
of Engineering and Public Works Thomas A. Mason, Public Information Officer Susan Farmer, Planner
Kristie Lalire and Deputy Town Attorney Deborah Welsh.
Mayor Sevila recognized Councilmember Christine Forester. Mrs. Forester said that present
this evening was Dr. Hatrick who will be conducting a drawing for twelve people to take a ride on the
Lufthansa Junkers 52 on Saturday. Mrs. Forester then recognized Dr. Hatrick. Dr. Hatrick addressed
the Council stating that one of the projects of the Leesburg Marshall Committee, as part of our
educational effort and our effort to raise awareness about General Marshall, is a visit this Saturday by
a special plane that has been completely refitted by Lufthansa Airlines. The plane will be at the
Leesburg Airport from 10:30 a.m., until 3:00 p.m. The flight that the winners will be participating in
will occur at 2:00 p.m. on Saturday. Also, on November llth there will be a special service at 7:00
p.m., at the St. James Church, which was General Marshall's church. This service will be in honor
of General Marshall.
The first winner was Dr. Hatrick's son, William Hatrick. The other winners were: Ms. Vicky
Gardner, Mr. Larry Towe, Councilmember William Webb, Ms. Ramona Dowdal, Mr. Ron Peveril, Mr.
Ben Harrison, Mr. Howard Moody, Mr. John P. Ryan, Mr. Fred Hetzel, Sr., and Ms. Peg Klunk.
Four alternate tickets were drawn in case any of the first twelve could not make the flight. The
winners were: Ms. Jane Taylor, Mr. David Easton, Ms. Shiela Miller and Mr. Myron Kruger.
PETITIONERS
Mr. Steve Robin, Vice Chairman of the Board of the Bluelnont Concert Series, addressed the
Council. Unfortunately, the Bluemont Concert Series is among those who have been caught in the cut-
backs of the state budget. The Town supports the Summer Concert Series by a sum of money. This
year it was $10,000.00. At the same time the state was asked to contribute $5,000.00 as a matching
grant program. As Leesburg has these matching grants, so do the other eight different cities, towns
and counties that we deal with. Not only have we lost the matching grant in Leesburg but we have
lost them in all eight jurisdictions, for a total sum of $34,000.00. We are here tonight to ask Council's
consideration in making up the $5,000.00 that was lost, on a one-time basis. The overriding feature
of this cut-back is that it effects programs that have already taken place, last summer. We understand
that the state of Virginia will be in a position to fund us next year, for the same program, at a 70%
level. We attempted to get the state to reconsider but were completely unsuccessful.
Mr. Kimball explained that Mr. Dunning appeared before last week's Administration and Public
Works Committee where it was suggested that Mr. Dunning make another presentation before the
entire Council.
Mr. Dunning addressed the Council further discussing the situation. There are nine
jurisdictions involved and to-date three have stated that they win pick-up the state's default - the
County of Loudoun, the County of Warrenton and the County of Frederick. This is a very difficult
situation.
Mr. Lovin wished to clarify that this is retroactive - services rendered, basically.
This item was deferred to the October 17, 1990, Administration and Public Works Committee
meeting for further discussion and consideration.
Mr. James W. Ridgeway, a resident of 201 Stratford Place, addressed the Council. He referreu
to a petition signed by 229 senior citizens of Leesburg and Loudoun County asking that a senior citizen
activity center be included in the Ida Lee Park Recreation complex. Senior centers should have facilities
suitable for senior citizen activities and a paid director knowledgeable of senior citizen requirements.
Every senior readily signed the petition and expressed great enthusiasm for such a center at Ida Lee
Park.
Mrs. Richard B. Bernhardt, a resident of Lovettsville, Virginia, addressed the Council with
regard to senior citizens. Senior centers are a wonderful answer to keeping seniors alive and active and
out of retirement homes.
PUBLIC HEARING - AMENDMENT TO THE LEESBURG ZONING ORDINANCE AND THE
ZONING DISTRICT MAP TO EXPAND THE OLD AND HISTORIC (H-l)
DISTRICT
Minutes of October 10, 1990
Mrs. Kristie Lalire, presented a brief staff report to the Council describing the history of the
house.
Mr. Alfred DiZerega, a resident of Leesburg, explained that he was born in that house along
with his sisters. We are all for the house being included in the historic district but the three of us
don't want the land to be included. Mr. DiZerega read a letter addressed to Ms. Kristie Struble. The
letter is attached and made a part of the minutes.
Mayor Sevila, asked Mr. DiZerega what his objection is to including the land into the historic
district. Mr. DiZerega replied by saying there are many objections but the one that is probably the
most selfish of all is what is going on down the road. The land is very valuable but you cannot do
anything with it. I am looking out for my children and grandchildren. We are not going to do
anything with the land now but down the road it will be our children's decision. Mayor Sevila stated
that he respected Mr. DiZerega's view on this and noted that the historic district has been expanded
right to the edge of his property.
Dr. John Cook, a resident of Rock Spring, addressed the Council stating that he has no reason
or desire to fight with his wife's sisters and brother. We respectfully disagree. It is a matter of
proximity. Our research has indicated that the designation of the Meadow into the historic district will
help protect our interests in insuring that should the Meadow be sold and ff developed - it would be
developed in a fashion that is pleasing and historic with respect to our house. With respect to the open
land being historic - in the basement of the Balch Library are two original folders, over 120 years old,
the original fire insurance survey of the Town of Leesburg. One dated 1872 and the other dated 1884.
The Town of Leesburg, at that time, was insured by a Philadelphia fire insurance group on the basis
that 70,000 gallons of water per day was conveyed through open pipes to cisterns located at the
intersections of all the principal streets. The source of that water is Rock Spring which you cannot see
from the road and is located in the middle of the Meadow and flows about 150,000 gallons of water a
day. Another aspect of the Meadow is the Meadow Hill which is a free invitation for children to sled
down it. In summary, I don't think that "Buddy's" grandchildren are going to be ill-served by the H-
I designation of the Meadow. I think it would be more difficult to develop if and when it is developed.
The public hearing was closed. Mayor Sevila said the Council will receive public comment in
writing for a period of ten days. On motion of Mrs. Forester, seconded by Mr. Clem, this matter was
referred to the Planning and Zoning Committee of October 17, 1990 for further discussion and
consideration.
Mr. Lovin said that he and his daughters have used the Meadow Hill and wished to thank Dr.
and Mrs. Cook.
Mr. Clem noted that the home is very lovely and has been well preserved.
Mayor Sevila said it was unfortunate that Mr. DiZerega's view is that it would cost his heirs
in value because history would probably demonstrate that inclusion into the historic district actually
adds value to property.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
COUNCILMEMBER'S COMMENTS
Mr. Webb reported that he and Mr. Lovin attended Saturday's Listening Session. No one from
the public showed up.
Mr. Webb thanked Mr. Brown for the Cable TV information and reported that Multivision has
begun installing cable in the Woodlea Manor Subdivision. Mr. Webb expressed a little concern with
Beauregard and Tavistock. He spoke with Linda McBride, the local manager for the cable company,
who sent a copy of a contract to the Northern Virginia Electric Company several months ago and
acccrSing to the power company it was not filed correctly, therefore, service may not be installed in
Feeur,~.gard or Tavistock until the end of December.
~r. Lov~n thanked Mr. Minor for the tour of the new town office building.
He vish~ t~ remind everyone that the oldest, continuous running Halloween Parade east of
the Mississippi will be held on Wednesday, October 31st at 6:30 p.m.
Mr. Clem reported that some citizens have expressed concern regarding the traffic light at
Catoctin Circle and East Market Street as well as the Bypass and Sycolin Road. He thanked Mr.
Mason for looking into these issues.
Mr. Kimball. reported on another accident at the intersection of Route 15 and Country Club
Drive in the northbound lane. It was a fine coordinated effort on behalf of the fire company, police
department and rescue squad. Accidents are continuing to happen at this location and we need to take
a serious look at what we can do to relieve some of the pressure that is built up on that northbound
lane. Mr. Kimball asked that staff look into this situation.
Mrs. Forester asked staff to follow up on the petition for the senior citizens center at Ida Lee
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Minutes of October 10, 1990
Park and give Council some idea of how that could be implemented.
If we are going to discuss the Bluemont Concert Series, I would like to have staff give us some
ideas of the impact that the additional funding would make on the budget.
Mrs. Forester attended the VPI Certified Planning Commissioner's Conference with several
members of the town's Planning Commission; Mr. Aitland, Ms. Darling, Mr. Vaughan, Mr. Jackson
and Ms. Imhoff. It was. a very informative, hard working conference where we received a lot of
information on planning. ~As always, we have more of our members present then any other planning
commission in the state.
Mrs. Forester also took the tour of the new office building and looks forward to its opening.
Mrs. Forester reported that there has been some delay in transcribing the September 26, 1990
public hearing minutes regarding the fire substation. This was to be discussed at committee level next
week in preparation for the second public hearing. She has discussed with Mr. Clem and members of
the Planning and Zoning Committee that this matter be taken off of the committee agenda and
receiving the information in the Council agenda packet. All members of the Council agreed to this.
Ms. Bange reported on the Parks and Recreation Commission meeting. With regard to the
senior citizen center, Mr. Frank Carney brought this up about a year ago before Ida Lee was opened
but there was not enough space. Ms. Bange would like to consider incorporating the senior center in
the town's phasing program.
The Parks and Recreation Commission now has a scholarship fund available. Any request
should be made to Director of Parks and Recreation Gary Huff.
MAYOR'S REPORT
Mayor Sevila read the following proclamations:
PROCLAMATION
WHEREAS, crime and the fear of crime adversely affect the well-being and the quality of life
of all citizens and institutions in our community; and
WHEREAS, the financial loss, personal injury and community deterioration resulting from crime
are intolerable; and
WHEREAS, citizen crime prevention action has proved successful in reducing crime and in 1980
McGruff, the Crime Prevention Dog, was created to "Take a Bite Out of Crime" as a nationwide symbol
for crime prevention; and
WHEREAS, it is essential to continue to distribute crime prevention information to the public
and encourage its involvement in crime prevention programs in order to help reduce the number of
crime victims; and
WHEREAS, crime prevention adds immeasurably to the health, safety and vigor of our
community and should be encouraged and supported by governmental agencies, businesses, schools,
community groups and neighbors; and
WHEREAS, crime prevention programs require the support of all citizens; and
WHEREAS, in 1984 the Crime Prevention Coalition designated October as National Crime
Prevention Month and the McGruff House program was initiated nationwide; and
WHEREAS, 1990 marks McGruff's 10th year of helping Americans take a bite out of crime:
THEREFORE, BE IT PROCLAIMED by the Council for the Town of Leesburg in Virgini~ that
October 1990 is proclaimed McGruf['s Tenth Anniversary Month and Crime Prevention Month, an 1 t'~at
all citizens, government agencies, public and private institutions and businesses should inch ~s~ tLeir
awareness of and participation in effective crime prevention measures.
Mayor Sevila asked that members of the Leesburg Crime Prevention Council and Officer Doug
Taylor come forward to receive the proclamation.
Mrs. Forester, as a member of the Crime Prevention Council, reported that on Saturday,
October 20, from 12:00 p.m., to 5:00 p.m., there will be a neighborhood watch table at the fire station
to commemorate the crime prevention month in the Town of Leesburg.
On Saturday, October 27, from 1:00 p.m., to 3:00 p.m., Kids Safety Day will be celebrated at
the Rescue Squad.
PROCLAMATION
NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION CENTENNIAL JUBILEE
Minutes of October 10, 1990
PROCLAMATION
WHEREAS, the National Society Daughters of the American Revolution was organized October
11, 1890; and
WHEREAS, since it was founded, through its committees, it has stressed good citizenship and
love of country in both the young and old of this nation; and
WHEREAS, the DAR has donated over ten million copies of its DAR Manual for Citizenship
to the foreign-born who wijh to become American citizens; and
WHEREAS, the NSDAR is a service organization having pioneered in the field of preservation,
environmental issues, occupational therapy services for immigrants at Ellis Island, established schools
in Appalachia, recruited over a thousand nurses for service in Spanish-American War, which became
the nucleus of the Army Nurse Corps; and
WHEREAS, it has been actively involved in historic preservation, locating and marking countless
graves of Revolutionary War patriots, restoring and preserving historic sites; and
WHEREAS, over the years, the DAR has contributed to numerous historic National projects
such as building the Memorial Bell Tower and Carillon at Valley Forge, Madonna of the Trail statues,
furnishing Council Chamber and Assembly Room at Independence Hall, assisting in restoration of the
Statue of Liberty and Ellis Island, commissioning and funding ceiling murals in the United States
Capitol; and
WHEREAS, the NSDAR is celebrating a Century of Service to the Nation, 1890 - 1990.
NOW, THEREFORE, I Robert E. Sevila Mayor of the Town of Leesburg do hereby proclaim
the year of October 11, 1990 through October 11, 1991, as the DAR Centennial year in the Town of
Leesburg and urge all our citizens to join with me in recognizing the National Society of
Daughters of the American Revolution during its Centennial year.
Mayor Sevila called on Mrs. Joan Shelton to receive the proclamation. Mrs. Shelton said, on
behalf of the Catoctin Chapter and SDAR, we are very proud to be a part of this for 100 years.
MANAGER'S REPORT
Mr. Minor noted that the Council did receive a written copy of the Activity Report on Monday.
The Ad hoc Committee on Parking held their first meeting which was very productive.
Mr. Michael Tringale, has been appointed as the Leesburg Renaissance Executive Director. Mr.
Tringale is from Fredericksburg and will start on October 24. We believe that he will bring a lot of
vitality and enthusiasm and ideas to our business community.
Mr. Minor recently participated in the "Know to Say No Drugs Program" sponsored by the
Kiwanis Club, at Cool Springs Elementary School. This program will be held at all the schools. The
children are very enthusiastic. Virtually every child knows Officer Doug Taylor and our police
department.
With regard to Councilmember Kimball's concern with the Country Club and Route 15 bypass
intersection, Council did budget money, this year, for a northbound left turn lane. The engineering
department is working on this and hopefully we will see this relatively soon.
Mr. York and I have been working on some proposed budget recommendations and decisions
that affect our departments in terms of saving substantial sums of money for the town in the current
fiscal year. The Council will have a report on these initiatives for the next committee meetings.
LEGISLATION
On motion of Mr. Lovin, seconded by Mr. Clem, the following ordinance and resoluti~m w;r¢
proposed as consent items and unanimously adopted.
90-0-30 - ORDINANCE - ADOPTING AMENDMENTS TO THE LEESBURG SUBDMLICN AND
LAND DEVELOPMENT REGULATIONS
WHEREAS, amendments to the Leesburg Subdivision and Land Development Regulations were
initiated and referred to Planning Commission for recommendation on April 24, 1990; and
WHEREAS, on May 24, 1990 the Planning Commission held a public hearing on these proposed
amendments and forwarded the amendments to the Council with a favorable recommendation on
June 7, 1990; and
WHEREAS, the Leesburg Design and Construction Standards Manual was adopted by the
Council on June 27, 1990; and
WHEREAS, the Council conducted a public hearing on the amendments on July 25, 1990; and
Minutes of October 10, 1990
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WHEREAS, the Council's Planning and Zoning Committee considered these amendments on
August 1, September 6, September 20, and October 3, 1990; and
WHEREAS, the Leesburg Design and Construction Standards Manual is incorporated into, and
made a part of the Leesburg Subdivision and Land Development Regulations as authorized under
Section 15.1.466 of the Code of Virginia, as amended; and
WHEREAS, duplication or inconsistencies exist between the Leesburg Design and Construction
Standards Manual and the Leesburg Subdivision and Land Development Regulations; and
WHEREAS, the document has been reviewed by the professional design community and the
Department of Planning, Zoning and Development has met with representatives of the design
community to review, discuss and evaluate the Leesburg Subdivision and Land Development
Regulations; and
WHEREAS, all inconsistencies or duplications with the Leesburg Design and Construction
Standards Manual have been resolved.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Leesburg Subdivision and Land Development Regulations dated September
28, 1990 is hereby adopted as amended..
SECTION II. The Leesburg Subdivision and Land Development Regulations dated June 13,
1979, as amended, is hereby repealed.
SECTION III. Severability. If any portion of these amendments is declared invalid by a court
of competent jurisdiction, the decision shall not affect the validity of amendments as a whole or any
remaining provision of the Leesburg Subdivision and Land Development Regulations.
SECTION IV. All prior ordinances in conflict herewith are repealed.
SECTION V. This ordinance shall become effective upon its passage.
90-252 o RESOLUTION - COMMENDING THE DECISION OF THE LOUDOUN HEALTHCARE, INC.
BOARD OF DIRECTORS TO LOCATE ITS NEW FACILITY WITHIN THE
TOWN OF LEESBURG
WHEREAS, the Loudoun Hospital Center, formerly named Loudoun Memorial Hospital, has
been a vital part of the quality of life in the Town of Leesburg for over seventy-three years; and
WHEREAS, the Loudoun Healthcare, Inc. Board of Directors previously voted to build a new
80 bed acute care facility within the Route 7 corridor between Goose Creek and Route 28 to replace
the Loudoun Memorial Hospital in Leesburg;, and
WHEREAS, this initial decision generated widespread concern within the Town of Leesburg and
much of Loudoun County and resulted in substantial public debate, including a public meeting between
the Leesburg Town Council and the Loudoun Healthcare, Inc. Board of Directors on February 7, 1990;
and
WHEREAS, Loudoun Hospital Center has improved its operations and financial stability within
the last nine months; and
WHEREAS, the Loudoun Healthcare, Inc. Board of Directors announced its decision to build
a new hospital in Leesburg at its annual meeting on September 27, 1990; and
WHEREAS, this Council desires to acknowledge and congr~tul ~te the Board c~ Directors on this
decision and appreciates its willingness to listen to the citizens )f ;,o~doun ¢~,o ~n"y relative to this
decision so crucial to the future of the Town of Leesl~ur.,-.
THEREFORE, RESOLVED by the Council ~f tb; T)wn c .' L;es )urg i~ V~r$inf~ ~s follows:
SECTION I. This Council commends the Loudoun Healthcare, Inc. Board of Directors on its
September 27 decision to build a new hospital in Leesburg.
SECTION II. This Council desires to work with the Board of Directors and other hospital
officials to assist it in locating and constructing a new facility within the Town of Leesburg. The town
manager's office and town departments are directed to work with the management and staff of Loudoun
Healthcare, Inc. to help identify possible locations appropriate for hospital development and to provide
such other assistance as may be necessary to facilitate improvements to the existing hospital and/or the
construction of a new hospital within the Town of Leesburg.
SECTION III. The manager is authorized and directed to forward a copy of this resolution to
the Board of Directors of Loudoun Healthcare, Inc., its chief executive officer, the Leesburg news media,
Loudoun County Board of Supervisors and the Loudoun Chamber of Commerce.
Mr. Kimball stated that he is very gratified that the Loudoun Healthcare has changed their
Minutes of October 10, 1990
plans~ and will remain in Leesburg.
90-253 - RESOLUTION - ENDORSING AN AMENDMENT TO THE CHARTER AGREEMENT OF
THE NORTHERN VIRGINIA PLANNING DISTRICT COMMISSION TO REVISE THE
MEMBERSHIP FORMULA
WHEREAS, based on population increases the Charter Agreement of the Northern Virginia
Planning District Commission (NVPDC) requires commission membership to increase from 37 to 40;
and ;
WHEREAS, the NVPDC's Operations Committee reviewed the membership formula because
of concerns over the growing size of the membership, the lack of a mechanism to control membership
growth, and increasing, unbalanced representation from Fairfax County; and
WHEREAS, based on its committee's review the NVPDC has requested that each member
jurisdiction endorse two amendments to the Charter Agreement which revise the membership formula.
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
The proposed amendments to the Charter Agreement of the NVPDC to change the population
increment for allocating extra seats from 50,000 to 75,000 and to require that at least 50% of each
member government's representation be composed of elected officials are hereby endorsed.
90-254 - RESOLUTION - AUTHORIZING NIGHTTIME FLASHING OPERATIONS OF TRAFFIC
SIGNALS
WHEREAS, Council authorized by Resolution #90-185 the nighttime flashing operation at East
Market Street and Plaza Street and at Harrison Street and Catoctin Circle for a 45 day trial period; and
WHEREAS, the Leesburg Police Department and the Department of Engineering and Public
Works have monitored the flashing operations at night and have observed that motorists appear to
understand the flashing mode and are proceeding correctly at the flashing lights; and
WHEREAS, there has been no increase in traffic violations at these intersections; and
WHEREAS, motorist operating vehicles in Leesburg during nighttime hours will experience
fewer delay because of the nighttime flashing mode for traffic signals at certain intersections; and
WHEREAS, the nighttime flashing operation conforms to the Manual on Uniform Traffic
Control Devices:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Nighttime flashing operation between the hours of 12:00 midnight to 5:00 A.M.
for the traffic signals at East Market Street and Plaza Street and at Harrison Street and Catoctin Circle
is authorized to continue.
SECTION II. Use of a nighttime flashing mode between the hours of 12:00 midnight to 5:00
a.m. at the intersections of Fort Evans Road and East Market Street~ Catoctin Circle and South King
Street and Clubhouse Drive and South King Street is hereby authorized.
Mr. Kimball stated that he received a comment recommending the flashing of some signals
from an individual who goes to work at 3:00 a.m. Mr. Kimball brought this information to Council
where it was reviewed by Council favorably. Citizens never know what influence they can have until
they speak up.
90-255 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING APE :~FORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR AN
ADDITION TO THE OLD C&P BUILDING AT VIRGINIA VILL k___Gi
RESOLVED by the Council of the Town of Leesburg in Virgmi
SECTION I. The manager shall execute the contract fo~ rub,lc irr, pr~ve,nents ,b~ the
improvements shown on the plans approved by the Director of Engineering and Public Works for an
addition to the old C&P Building at Virginia Village.
SECTION II. The extension of municipal water and sewer for an addition to the old C&P
Building at Virginia Village 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 First American Bank in the amount of $82,397.26 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
for an addition to the old C&P Building at Virginia Village.
90-256 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTAIJ,ATION IN FOXCHASE SECTION II
WHEREAS, the town's Director of Engineering and Public Works has reviewed the public
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Minutes of October 10, 1990
improvements installed to date in Foxchase Section II and certified that the value of work performed
is $213,457.00; and
WHEREAS, an irrevocable letter of credit from First American Bank in the amount of
$397,499.00 has been provided by the developer and approved by the Council to guarantee installation
of public improvements in Foxchase Section H.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from First American Bank in the amount of $397,499.00 is
reduced to $184,042.00.
SECTION H. 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 Foxchase Section Il.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
On motion of Mr. Lovin, seconded by Mrs. Forester, the following ordinance was proposed and
adopted.
90-0-31 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE AND ZONING
Z
DISTRICT MAP TO EXPAND THE H-l, HISTORIC DISTRICT OVERLAY ZONE
WHEREAS, the Westgreen subdivision is being considered for inclusion in the H-1 Historic
District Overlay zone under Article 5, Section 5A-8 of the Zoning Ordinance, Item 6 owing to its unique
location, this area represents an established and familiar visual feature of a neighborhood, community
or town; and
WHEREAS, the property owners have indicated support for the expansion of the H-l, Historic
District Overlay zone to allow town architectural review; and
WHEREAS, on June 28, 1990, the Planning Commission unanimously recommended this
expansion to the Council for approval; and
WHEREAS, this expansion of the H-l, Historic District Overlay zone will not impair the
designation of the town's National Register Historic District; and
WHEREAS, approval of the proposed H-l, Historic District Overlay zone expansion is in the
best interest and 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. Section 5A-3, titled Historic District Created, Established of the Leesburg Zoning
Ordinance is hereby amended to read as follows:
A historic conservation district is hereby created within the town as an overlay on the
official zoning map under authority of Section 15.1-503.2 of the State Code to be known
as the H-1 Historic District with original boundaries shown on a map designated "Gray's
New Map of Leesburg' drawn fro~r, the special surveys in the year 1878 as hereby
amended and described as follow.~:
"Beginning on the east at the intersection of Loudoun and Market
Streets and runniug northeast parallel to Church Street to the
intersection of a line ir, projectiol of Nortl~ Stxeet; thence northwest in
a straight line to and alon[: N ~rt'~ Street t) the intersection of Church
Street; thence north(~ast in a, ~s ght lin e; ~ar dlel tn King Street to the
intersection of x 1 nE in pr~ iec io~ of Un oL £ rE ~t; thence in a straight
line northwest tc m_d dot; t 'nj ,n 5trc .~t to tL~ iatersection of a line
in extension ~f ~A~,er~y Str~ ~.t; ~h( ~cc ;~ Lb ~cst "n a straight line to the
intersection ~f Li].art,~ as,d ~Io,~h Streets, thence no,~hwes~ In a straight
line in extension of North Street until intersecting a line in projection
of Ayr Street; thence southwest to and along Ayr Street to a point on
the east right-of-way of Dry Mill Road; thence right along the curb of
said right-of-way having a radius of 225.43 feet to the center of the
Town Branch; thence along the Town Branch S 41° 10' 41" E to the
projection of Ayr Street, thence southwest along the projection of Ayr
Street 100 feet; thence in a straight line in extension of South Street
southeast to Town Branch; thence S 36° 10' 42" E along Town Branch
to the Washington and Old Dominion Trail; thence paralleling the trail
and Town Branch 594.12 feet along a curve to the right having a radius
of 3646.36 feet to the extension of the western right-of-way of Liberty
Street; thence N 22° 45' 00" E to the intersection of a projection of
South Street; thence in a straight line in extension of South Street
southeast to a point 200 feet west of King Street, still on an extension
of South Street; thence in a straight line southwest parallel to King
Minutes of October 10, 1990
Street to a point 500 feet south of the railroad; thence east across King
Street in a straight line parallel to South Street for 1700 feet; thence
northeast in a straight line parallel to King Street to the intersection
of Loudoun and Market Streets, to also include properties at 406
through 414 South King Street and 416, 418, 420, 422, 424 and 426
South King Street; 305 through 430 West Market Street; 6 Wilson
Avenue, N.W., 10, 14, 18, and 102 Morven Park Road, N.W. and 9 and
21 Ayr Street~ N.W. and 302-334 Loudoun Street~ S.W. (inclusive of
even numSered addresses only).
SECTION II. The Zoning District Map is hereby amended to incorporate the H-l, Historic
District Overlay zone as described in Section I above.
SECTION III. This ordinance shall be in full force and effect upon its passage.
Mayor Sevila asked if there was any objection by any of the residents in the Westgreen
Subdivision. Ms. Imhoff stated that no negative response was received from any of the seventeen
residents.
Ms. Bange stated that some discussion outside the Westgreen Subdivision from people stating
that the Westgreen houses are not old and historic. Ms. Bange agrees that they are not old and
historic, however, the homes are in keeping with a good buffer zone for the Old and Historic District.
I do not have a problem with including Westgreen into the H-I.
Mayor Sevila said that this is a situation where you can't go wrong. We are pleasing the
residents of the community and by expanding the historic district we are assuring the safety and
protection of our downtown historic district. These properties are a gateway to that district.
Mr. Clem said that this does not change the zoning of these properties. It is only an overlay.
Mr. Kimball asked how many of the seventeen residents in Westgreen actually responded to the
survey. Ms. Imhoff eleven responded along with a letter from the homeowners association. Mr.
Kimball said that he asked, at a previous committee meeting, for an analysis or staff report on what
the impact of home prices in that area is. Mr. Kimball said that he would take the Mayor's earlier
comment, that "history would probably demonstrate that inclusion into the historic district actually adds
value to property", in lieu of any further staff report. The Mayor said that was a non-expert opinion
and should be treated in that way.
Aye: Councilmembers Bange, Clem, Forester, Lovin, and Mayor Sevila
Nay: Kimball, Webb
Ms. Imhoff gave a brief staff report in lieu of the reading of the following ordinance.
On motion of Mr. Lovin, seconded by Mr. Clem, the following ordinance was proposed and
adopted.
90-0-32 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE AND ZONING
DISTRICT MAP TO EXPAND THE H-l, HISTORIC DISTRICT OVERLAY ZONE
WHEREAS, the property at 106 Morven Park Road is being considered for inclusion in the H-
1, Historic District Overlay zone under Article 5, Section 5A-8, Item 5 of the Zoning Ordinance, a
property related to a distinctive area should be developed according to a plan based on a historic,
cultural or architectural motif; and
WHEREAS, the property owner has indicated support for the expansion of the H-l, Historic
District Overlay zone to allow town architectural review; and
WHEREAS, on June 28, 1990, the P!arnizg Commission unanimously recommended this
expansion to the Council for approval: and
WHEREAS, this expan~ic ~ ,f '.he H-., {L,~ri Di,. xi;t )ver'_ay zone will not impair the
designation of the town's Nat:oval Register ?Ii,,to: {c D;~t ic'~ and
WHEREAS, approval of the proposed H-l, Historic District Overlay zone expansion is in the
best interest and public necessity; convenience, general welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
A historic conservation district is hereby created within the town as an overlay on the
official zoning map under authority of Section 15.1-503.2 of the State Code to be known
as the H-1 Historic District with original boundaries shown on a map designated "Gray's
New Map of Leesburg" drawn from the special surveys in the year 1878 as hereby
amended and described as follows:
"Beginning on the east at the intersection of Loudoun and Market
Streets and running northeast parallel to Church Street to the
intersection of a line in projection of North Street; thence northwest in
a straight line to and along North Street to the intersection of Church
Minutes of October 10, 1990
Street; thence northeast in a straight line parallel to King Street to the
intersection of a line in projection of Union Street; thence in a straight
line northwest to and along Union Street to the intersection of a line
in extension of Liberty Street; thence southwest in a straight line to the
intersection of Liberty and North Streets; thence northwest in a straight
line in extension of North Street until intersecting a line in projection
of Ayr Street; thence southwest to and along Ayr Street to a point on
the east rig~t-of-way of Dry Mill Road; thence right along the curb of
said right-~-way having a radius of 225.43 feet to the center of the
Town Branch; thence along the Town Branch S 41° 10' 41" E to the
projection of Ayr Street, thence southwest along the projection of Ayr
Street 100 feet; thence in a straight line in extension of South Street
southeast to Town Branch; thence S 36° 10' 42" E along Town Branch
to the Washington and Old Dominion Trail; thence paralleling the trail
and Town Branch 594.12 feet along a curve to the right having a radius
of 3646.36 feet to the extension of the western right-of-way of Liberty
Street; thence N 22° 45' 00" E to the intersection of a projection of
South Street; thence in a straight line in extension of South Street
southeast to a point 200 feet west of King Street, still on an extension
of SoUth Street; thence in a straight line southwest parallel to King
Street to a point 500 feet south of the railroad; thence east across King
Street in a straight line parallel to South Street for 1700 feet; thence
northeast in a straight line. parallel to King Street to the intersection
of Loudoun and Market Streets, to also include properties at 406
through 414 South King Street and 416, 418, 420, 422, 424 and 426
South King Street; 305 through 430 West Market Street; 6 Wilson
Avenue, N.W., 10, 14, 18, ~_nd 102 and 106 Morven Park Road, N.W.
and 9 and 21 Ayr Street, N.W.
SECTION II. The Zoning District Map is hereby amended to incorporate the H-l, Historic
District Overlay zone as described in Section I above.
SECTION III. This ordinance shall be in full force and effect upon its passage.
Ms. Bange said that she requested these two pieces of property be separated and not voted on
together because she has a problem expanding the H-1 district to open ground. She believes that there
was a plan, not passed yet, to change the H-1 to RI-ID. This could change the actual density of that
open property. She has spoken with some of the residents who also feel the same. Therefore, until
we are sure where this is going we should not rezone or expand the overlay to any open property.
Mr. Lovin stated that he appreciates Ms. Bange's opinion but does not share the same opinion
on open property. This particular property needs to be in the historic district because we do not have
any idea of what is going to be there. Right now, anything that is built would not have to go before
the BAR. This whole area is surrounded by the historic district. The applicant has asked "please
make me a part of this". The neighbors that I have talked to, that are in the historic district, have said
that it would be bad if something was developed there and was not in keeping with the historic
district. This legislation tonight will ensure that same type of compatible, architectural control. Mr.
Lovin supports the legislation.
Mayor Sevila said that he respects what Ms. Bange said, but the key is that it is owner
initiated, which means that if there is a risk the property win have to go through BAR approval.
Mr. Webb believes that we are defeating the real purpose of the historic district if we keep
expanding and going further out. When it comes to vacant land, I have to agree with Ms. Bange.
Mr. Kimball referred to the comment made by Mr. Lovin "please make me a part of this" and
said that it gives him an internal check on this whole process. I could see us, by degrees,
implem, enfin[ ti e histcri~ district all the way out to Carrvale or Potomac Crossing. It is time that we
stop fc · a wi ile and t ke a lorger look at this.
M,.v( ~ S .~vil~ stat ~.d ~.h~ t he does not think that the integrity of the program is being threatened
k.v the,~ ~. limi ed irc] ~si~£ ~ r0r doec tls signal a potential for expansion of the historic district beyond
som~ a~s,rd limits. Waat~ ~e ace doing, tonight, is responsible inclusion within the district of
properties that are very important to the district and who's development could ultimately, adversely
affect the district if they are not included. With respect to open land versus developed land, I agree
with Mr. Lovin, with respect to already developed land that has historic styuctures on it. There is less
need for historic regulations then there would be for the land right next door where you have no idea
what could be developed and what ultimately goes there could harm the district. This is an excellent
addition. I have no fear that this Council or the citizens of this community are going to ask for any
absurd distortion of the historic overlay district.
Mrs. Forester said that the discussion of the 1LtID and changing the H-1 to RI-ID needs to be
clarified. The H-1 is simply an overlay and does not affect the underlying district. If this property
was to be rezoned as RI-ID the applicant would have to go through the complete rezoning process with
two public hearings and Planning Commission and Council recommendations.
Aye: Councilmembers Clem, Forester, Lovin and Mayor Sevila
Nay: Councilmembers Bange, Kimball and Webb
Minutes of October 10, 1990
On motion of Ms. Bange, seconded by Mr. Lovin, the following resolution was proposed and
adopted.
90-257 - RESOLUTION - AUTHORIZING PAYMENT INTO AN ESCROW ACCOUNT OF THE
FUNDS FROM THE LETTER OF CREDIT ISSUED BY SIGNET BANK/MARYLAND
FOR BEAUREGARD ESTATES PHASE I
WHEREAS, the Fort Beauregard Development Corporation has been declared in default of its
contract for installation of ~ublic improvements in Beauregard Estates Phase I; and
WHEREAS, a claim for payment to the town of the funds guaranteed by the letter of credit
issued by Signet Bank/Maryland was made on September 25, 1990; and
WHEREAS, Signet Bank/Maryland purchased Beauregard Estates Phase I at the Trustee's sale
held on September 27, 1990; and
WHEREAS, a payment of $206,991.84, which is the full amount of the letter of credit, was
received on October 5, 1990 by Deputy Town Attorney Deborah Welsh; and
WHEREAS, officials of Signet Bank/Maryland have requested that the letter of credit funds be
held in an escrow account for up to 30 days to enable them to provide the town with a new contract
for installation of public improvements and letter of credit for Beauregard Estates Phase I; and
WHEREAS, approval of Signet Bank/Maryland's proposed $206,991.84 escrow account, with
Deputy Town Attorney Deborah Welsh acting as escrow agent, is recommended by the Town Manager
and Director of Engineering and Public Works.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Payment by Signet Bank/Maryland of the letter of credit funds in the amount of
$206,991.84 into an escrow account with Deputy Town Attorney acting as escrow agent is approved.
SECTION II. The funds shall be held in escrow until November 5, 1990.
SECTION III. If Signet Bank/Maryland does not provide a new contract for public
improvements and performance guarantee in a form approved by the Town Attorney and approved by
the Town Council for the uncompleted bonded improvements in Beauregard Estates Phase I prior to
November 5, 1990, then the $206,991.84 plus accrued interest shall be transferred to the town's general
fund and be used to pay for the completion of the uncompleted bonded improvements in Beauregard
Estates Phase I.
Mayor Sevila suggested adding a deadline date of November 5, 1990 in Section I of the
resolution. He also asked Mr. Mason if this was enough money to complete the public improvements.
Mr. Mason answered yes and that an extensive inspection has been completed.
Mr. Smith, a resident of Beauregard, addressed the Council expressing various concerns with
regard to erosion problems. Mr. Mason stated that he has talked with Mr. Smith regarding these
concerns and believes that these items can be corrected with the completion of the plans. Mr. Minor
stated that we are only preparing this effort in the remote chance that Signet Bank does not present
the Town Council with an approved, substitute letter of credit.
Mayor Sevila suggested that the town staff, if after 30 days and no activity has begun, to
monitor very caref~dly and include this paving in the town's paving. Don't let any inactivity during the
45 day period, already added to the 30 day period, result in the residents in Beauregard having to wait
until March to get the paving completed. Be prepared for the worst case situation.
Aye: Councilme nbers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
On m )ti0,n, f ]~ 'ir. Clem, Jet or fie t by Mr. Lovin, the following two resolutions were proposed
and ado.or( 1.
I ~ M~sc.~ L~w a brief s al: r~poi$ ~n these two items.
90-258 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALI.ATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
TAVISTOCK FARMS SECTION 1
WHEREAS, the Tavistock Farms General Partnership, the developers of Tavistock Farms
Section 1, has not completed all 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 developer has requested a one-year time extension to complete the public
improvements; and
WHEREAS, the letter of credit from Perpetual Savings Bank dated September 27, 1988, which
guarantees the installation of public improvements in Tavistock Farms Section 1, in the amount of
Minutes of October 10, 1990
$180,000.00 automatically renews for additional one-year periods; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$180,000.00 to guarantee installation of the remaining public improvements in Tavistock Farms Section
1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Renewal of the letter of credit from Perpetual Savings Bank in the amount of $180,000.00 in
a form approved by the Town Attorney and a time extension of one-year for the installation of public
improvements are hereby approved for Tavistock Farms Section 1.
90-259 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
TAVISTOCK FARMS SECTION 7
WHERFu~, the Tavistock Farms General Partnership, the developers of Tavistock Farms
Section 7, has not completed all 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 developer has requested a one-year time extension to complete the public
improvements; and
WHEREAS, the letter of credit from Perpetual Savings Bank dated October 11, 1988, which
guarantees the installation of public improvements in Tavistock Farms Section 7, in the amount of
$400,000.00 automatically renews for additional one-year periods; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$400,000.00 to guarantee installation of the remaining public improvements in Tavistock Farms Section
7.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Renewal of the letter of credit from Perpetual Savings Bank in the amount of $400,000.00 in
a form approved by the Town Attorney and a time extension of one-year for the installation of public
improvements are hereby approved for Tavistock Farms Section 7.
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
NEW BUSINESS
On motion of Mr. Webb, seconded by Mr. Clem, the following resolution was proposed and
adopted.
90-260 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR THE MOBIL
OIL SERVICE STATION
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 the
Mobil Oil Service Station.
SECTION II. The extension of municipal water and sewer for the Mobil Oil Service Station
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney from the
· ~e~'er J Insurance Company (Chubb) in the amount of $34,658.00 is approved as security to guarantee
i ~s*~llation of the public improvements shown on plans approved by the Director of Engineering and
i ublic Wo;'ks ;or the Mobil Oil Service Station.
Mr. Kimball questioned what the car wash addition would look like in terms of an architectural
aspect. Mr. Lovin stated that this application came before the BAR because it is located in the H-2
District. The car wash will be brick, landscaped and will be located in the rear of the station. Mobil
did a very nice job presenting this to the BAR. It also received a favorable recommendation from the
Planning Commission.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
EXECUTIVE SESSION
Mr. Lovin made the following motion:
Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Town
Minutes of October 10, 1990
Council of the Town of Leesburg go into Executive Session. The authority for this Executive Session
is found in Section 2.1-344(1), of the 1950 Code of Virginia, as amended. The purpose for this
Executive Session is to discuss the performance of the Town Manager.
The Town Manager is requested to remain for the meeting.
The motion was seconded by Mr. Clem.
Aye: Councilme~bers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
On motion of, and duly seconded, the following motion was made:
I move that the Executive Session be adjourned, that the Town Council of the Town of
Leesburg reconvene its public meeting and that the minutes of the public meeting reflect that no
formal action was taken in the Executive Session.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
On motion of, and duly seconded, the following resolution was proposed and adopted.
90-261 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF OCTOBER 10, 1990
WHEREAS, the Town Council of the Town of Leesburg has this day convened in Executive
Session in accordance with an affirmative recorded vote of the Town Council of the Town of Leesburg
and in accordance with the provisions of the Virginia Freedom of Information Act:
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Leesburg does
hereby certify that to the best of each member's knowledge, 1) only public business matters lawfully
exempted from open meeting requirements under the Freedom of Information Act were discussed in
the Executive Session to which this certification applies; and 2) only such public business matters as
were identified in the Motion by which the said Executive Session was convened were heard, discussed
or considered by the Town Council of the Town of Leesburg.
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
On motion of, and duly seconded, the meeting was ~journed.
Robert E. Sevila, Mayor
Town of Leesburg
Barbara Marklana, Deputy
Clerk of Council