HomeMy Public PortalAbout1991_02_12TOWN COUNCIL MEETING MINUTES OF FEBRUARY 12, 1991
A regular meeting of the Leesburg Town Council was held on February 12, 1991, at 7:30 p.m.,
in the Lower Level Council Meeting Room, 25 West Market Street, Leesburg, Virginia. The meeting was
called to order by the Mayor.
INVOCATION was given by Councilmember Donald A. Kimball.
SALUTE TO THE FLAG was led by Councilmember William F. Webb
ROLL CALL
Councilmembers present
Georgia W. Bange
James E. Clem
Christine M. Forester
Donald A. Kimball
Claxton E. Lovin
William F. Webb
Mayor Robe~c E. Sevila
STAFF MEMBERS PRESENT
Acting Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas A. Mason
Public Information Officer Susan Farmer
Planner Kristie LaLire
Town Attorney George Martin
Clerk of Council Dorothy B. Rosen
PETITIONERS
Mr. Tom Galloway, President of Leesburg Renaissance, addressed the Council. He stated that an
economic development committee was appointed at the last meeting. We will continue the cooperative
relationship and the research about the appropriate market mix. We plan to evaluate the town's current
condition and recommend goals and objectives to make sure the town will prosper and continue the blend
of the citizens, businesses and elected officials and groups seeking common goals.
PUBLIC HEARINGS:
6. a. PUBLIC HEARING TO CONSIDER REZONING PLAN AMENDMENT EXETER PRN #ZM-
126, SIGN PACKAGE
Ms. Kristie LaLire, addressed the Council presenting the staff report. She stated that the application is
a proposal to amend the Exeter PRN Plan to include a sign package of five different types of signs for
a total of 23 signs. The five types of signs are two monument signs, four marketing signs, 7 ladder signs,
5 directional signs and three amenity signs. In consideration of this proposal conditions were set by the
Planning Commission which are included in the staff report and in the proposed legislation.
Mayor Sevila asked if these agreements are by way of proffers? Ms. LaLire stated that the applicant was
requesting an amendment to the previously approved sign. Therefore, the town has the ability to request
conditions.
Mr. Ken Berg, representing the applicant Richmond American Homes, addressed the Council stating that
he would be glad to answer any questions. He submitted color renderings to the Clerk for the record.
There was no public comment. The Mayor closed the public hearing.
6. b. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO ARTICLE V, SECTION 11.81
OF THE TOWN CODE "REGULATIONS FOR USE OF PARKS"
Mr. Brown stated that as the town moves to a more professional parks and recreation department it is
necessary to adopt a set of rules and regulations. Mr. Huff is present to answer any questions.
Minutes of February 12, 1991
Mr. Huff stated that he met with the Commonwealth Attorney and they have added a new item to page
7 of the regulations under Park Operating Police, No. 1 Authority. This provision gives the Director the
authority to bar individuals from the park property for serious or repeated violations. This would be
enforced by taking out a trespassing warrant. With regard to penalties, with the Commonwealth
Attorney's advice, we have stated that the violations shall be punished by ejectment from the park and
a fine of not more then $100.00.
There was no public comment. The Mayor closed the public hearing.
MOTION
On motion of Mr. Clem, seconded by Mr. Kimball, this matter was referred to the Administration and
Public Works Committee of February 19, 1991.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
COUNCILMEMBER COMMENTS
Mr. Webb stated that several items were discussed at the last Cable Commission meeting. He reported
that Multivision is continuing to get new customers. They are having difficulty meeting their
commitments at Tavistock but are guaranteeing that by March 15, Tavistock will have service.
Mr. Lovin stated that on January 24, he and Ms. Bange attended the DARE graduation at Leesburg
Elementary. He thanked the parents association, the Optimist Club and some of the civic clubs that have
joined the town in support of the DARE program. He thanked Officers Doug Taylor and Chris Jones
for their work in this program.
He attended Saturday's Listening Session along with Councilmember Kimball.
Mr. Clem had no comment.
Mr. Kimball stated that he attended the first American Heart Association Telethon at Carradoc Hall on
Sunday from 12 noon until 6 p.m. He manned the telephones from 12 noon until 2 p.m. He stated that
it was a tremendous opportunity to watch such a high energy group.
Ms. Sarah Armstrong was present at Saturday's Listening Session to discuss the library activities. They
will be holding an auction at the Supervisor's meeting room on March 16. They are looking for objects
of art to be auctioned offto provide some finances to upgrade the Thomas Balch Library. Ms. Armstrong
expressed concern with the fact that the new library will only be open 20 hours per week. Mr. Kimball
suggested adoption of legislation in support of longer hours for the new library. Ms. Armstrong also
indicated the need for public transportation.
Mrs. Forester reported on the Planning Commission. She stated that on Saturday, February 2, the
Planning Commission held a full day workshop with the Planning staff and Mr. Brown to discuss the
Town Plan anticipating the fact that the Council will be initiating the Town Plan amendment and update
soon.
A joint workshop was held before last Thursday's Planning Commission with the BAR to discuss the
current proposed amendments to the sign ordinance.
She thanked Susan Farmer for doing "On the Line" on WAGE radio. It has generated some interest in
the community. Mrs. Forester stated that she is looking forward to "Looking at Leesburg" coming back
on the cable channel.
Ms. Bange reported on the Parks and Recreation Commission meeting that was held this morning. She
wished to thank Gary Huff for the work he has done to get Ida Lee Park off the ground.
She was very impressed with the DARE Program graduation at Leesburg Elementary.
She also manned the phones during the American Heart Association telethon from 4 pm to 6 pm. There
was a wonderful variety of entertainment at the telethon.
Minutes of February 12, 1991
Ms. Bange thanked Mr. Brown and expressed her appreciation of his hard work.
MANAGER'S REPORT
Mr. Brown noted that the Council did receive a copy of the written Activity Report. He thanked the
councilmembers who attended the DARE graduation program. The Loudoun Country Day School also
had a DARE graduation on January 30, Mr. Lovin, Mr. Brown and Chief Kidwell were in attendance.
The fire station site committee has been organized and will meet tomorrow night at the fire station. The
committee will meet on the second and fourth Wednesday of each month. He thanked Brian Balthrop
for volunteering and acting as chairman for that committee and Joe Sullivan as vice-chairman.
He thanked Multivision for their donation and efforts during the heart associations' telethon. $8,300.00
were raised during the telethon.
A dedication and open house is planned for the new government center on March 15.
MAYOR'S REPORT
Mayor Sevila stated that he attended the telethon on Sunday and made a brief appearance on television.
He wished to thank WAGE Radio for their efforts during the telethon.
Mayor Sevila read the following proclamation.
PROCLAMATION
VOCATIONAL EDUCATION WEEK
February 11-17, 1991
WHEREAS, the Congress of the United States and the Commonwealth of Virginia have
recognized the imperative need for vocational education; and
WI-IEREAS, vocational education allows individuals the opportunity to gain the competitive edge,
giving them a lifetime of personal satisfaction and occupational growth and productivity; and
WHEREAS, vocational education stimulates the growth and vitality of Leesburg's business and
industry and those of the entire nation by providing a skilled work force; and
WHEREAS, a strong vocational education program, planned and carried out by trained vocational
educators, is vital to the future economic development of our country and the well-being of its citizens.
NOW, THEREFORE, BE IT RESOLVED, that the Town of Leesburg does hereby proclaim
February 11-17, 1991, as Vocational Education Week and urges all citizens of this community to visit and
become familiar with the services offered by our local vocational education program for the benefit of the
town and each citizen.
MOTION
On motion of Mrs. Forester, seconded by Mr. Clem, the proclamation was adopted unanimously.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
LEGISLATION
10. (c). (e), (~). (h), (i), (j)
MOTION
On motion of Mr. Webb, seconded by Mr. Lovin, the following resolutions were proposed as consent items
and unanimously adopted.
Minutes of February 12, 1991
91-30 RESOLUTION - AUTHORIZING PREAPPLICATIONS TO THE FEDERAL AVIATION
ADMINISTRATION AND THE VIRGINIA DEPARTMENT OF AVIATION FOR
FEDERAL AND STATE AID FOR CLEAR ZONE LAND ACQUISITION
WHEREAS, the FAA has recommended purchase of a 13.5-acre parcel adjacent to and northeast
of the airport's runway for the purpose of establishing a clear zone for the north runway to accommodate
corporate aircraft; and
WHEREAS, the town's Airport Master Plan has incorporated larger clear zones and transitional
surfaces plus an instrument landing system to improve the safety and marketability of Leesburg
Municipal Airport; and
WHEREAS, the parcel, owned by Reynolds Metals, Inc., must be acquired prior to installation
of the instrument landing system:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The acting town manager is authorized to file all necessary preapplications for federal and state
assistance to purchase the 13.5-acre parcel northeast of the runway shown on the attached Airport Layout
Plan.
91-31 - RESOLUTION - INITIATING AN AMENDMENT TO THE LEESBURG ZONING ORDINANCE
SECTION 10A-4 TO PROVIDE A SPECIFIC DEFINITION OF GASOLINE STATIONS
WHEREAS, the Town Council recently amended the Leesburg Zoning Ordinance Section 10A-
14(5) to specify signage for gasoline stations; and
WHEREAS, the Town Council expressed a concern that the signage now permitted for gasoline
stations might be expanded to include those other uses listed in the Leesburg Zoning Ordinance definition
of Service Stations; and
WHEREAS, the Town Council directed staff to prepare a definition of gasoline stations to ensure
that Section 10A-14(5) will not be utilized for uses other than gasoline stations:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment to Section 10A-4 of the Leesburg Zoning Ordinance, as shown.
below, is hereby initiated and referred to the Planning Commission for public hearing and
recommendation under Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as amended:
Section 10A-4. Special Definitions.
Gasoline Station Signs. Signs permitted by Section 10A-14(5) for buildings and
premises in which the primary use is the retail dispensing of motor fuel.
SECTION II. The Planning Commission shall report its recommendation to the Town Council
on the proposed amendment pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as
amended.
91-32 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE FOR THE KMART BUILDING ADDITION
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Acting Town 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
Kmart Building Addition.
SECTION II. The corporate surety bond in a form approved by the Town Attorney from the
Aetna Casualty and Surety Company in the amount of $30,000.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for the Kmart Building Addition.
_91-33 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
Minutes of February 12, 1991
GUARANTEE FOR IMPROVEMENTS TO EDWARDS FERRY ROAD AND THE
ROUTE 15 BYPASS
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Acting Town 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
Improvements to Edwards Ferry Road and the Route 15 Bypass.
SECTION II. The irrevocable bank letter of credit in a form approved by the Town Attorney
from Sovran Bank, N.A. in the amount of $2,500,000.00 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
for Improvements to Edwards Ferry Read and the Route 15 Bypass.
91-34 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND WATER AND SEWER EXTENSION PERMITS FOR
BATTLEFIELD SHOPPING CENTER
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Acting Town 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
Battlefield Shopping Center.
SECTION II. The extension of municipal water and sewer for Battlefield Shopping Center is
approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The irrevocable bank letter of credit in a form approved by the Town Attorney
from Sovran Bank, N.A. in the amount of $737,000.00 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
for Battlefield Shopping Center.
91-35 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A PERFORMANCE
GUARANTEE AND A SEWER EXTENSION PERMIT FOR THE BATTLEFIELD
SHOPPING CENTER SANITARY SEWER OUTFALL
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Acting Town 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
Battlefield Shopping Center Sanitary Sewer Outfall.
SECTION II. The extension of municipal sewer for the Battlefield Parkway Sanitary Sewer
Outfall is approved in accordance with Section 15-9 of the Town Code.
SECTION III. The irrevocable bank letter of credit in a form approved by the Town Attorney
from Sovran Bank, N:A. in the amount of $204,000.00 is approved as security to guarantee installation
of the public improvements shown on plans approved by the Director of Engineering and Public Works
for the Battlefield Shopping Center Sanitary Sewer Ouffall.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
lO.
Mrs. Forester raised concern with Section II, (4) of the proposed legislation which states "an agreement
that the owner will bear costs of relocating monument signs...". She questioned who the owners will
be in the future.
Mr. Kenneth Berg representing Richmond American stated that a line item in the budget could be
established to cover the cost of relocating these signs for the homeowners association, thereby,
substituting owner for homeowners association.
Minutes of February 12, 1991
After further discussion, councilmembers agreed that they did not want to place the burden on the
homeowners association for the removal/relocation of the signs.
Mayor Sevila stated that signs are important features to identifiable communities and this Council needs
to make adequate provisions for an event that is going to occur a long time from now. He suggested
adding in Section II item (4), of the proposed legislation .... "the execution of an agreement that will
ensure that the owner will bear the cost of relocating the monument sign".
Mr. Berg stated that at the present time, the sign package that is being put forth, the budget line share
costs that are involved in the construction of the monument signs is in excess of $250,000.00. We are
not going to put ourselves in a position of escrowing monies or any kind of scheme for reconstruction of
any of these signs that need to come down. If the homeowners association wants to have the signs
relocated it is their responsibility to move the sign.
MOTION
On motion of Mr. Webb, seconded by Mrs. Forester, this matter was referred to the February 19, 1991
Planning and Zoning Committee meeting for further discussion.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
10. (b)
Mr. Brown summarized the proposed changes in the legislation.
MOTION
On motion of Mr. Clem, seconded by Mrs. Forester, the following ordinance was proposed and
unanimously adopted.
91-0-9 - ORDINANCE - AMENDING SECTION 16-13 OF THE TOWN CODE TO PROVIDE TWELVE
HOURS TO REMOVE SNOW FROM SIDEWALKS
WHEREAS, the Town Code currently allows six hours for property owners to remove snow from
sidewalks after a snowfall; and
WHEREAS, snowy, icy sidewalks pose serious safety hazards and should be corrected as soon as
possible; and
WHEREAS, town crews require twelve hours to clear town streets after a snowfall; and
WHEREAS, during the course of snow removal from town streets snow is occasionally pushed
onto sidewalks especially where sidewalks are immediately adjacent to town streets; and
WHEREAS, property owners should wait until town crews complete street snow removal before
removing snow from sidewalks:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Section 16-13 of the Town Code is hereby amended to read as follows:
Sec. 16-13. Removal of snow and ice from sidewalks.
(a) It shall be the duty of every occupant or owner of a house or lot which has a
public sidewalk or footway of stone, brick, gravel, cinder, wood or other substance, when such walk is
bu:.!t and maintained by the town, adjoining and touching upon the same in front, rear or either side
thereof, to have all snow removed from such sidewalk or footway within si~ twelve hours after such snow
has ceased falling ............................ during ......
~ o.^n ....... ~. ........ ~;-~ ~"" In event snow falls upon Sunday, such occupants or owners shall have
until 12:00 noon the following Monday to comply with this section.
Minutes of February 12, 1991
(b) The requirements of subsection (a) above applicable to removal of snow shall
apply with reference to ice or sleet on sidewalks or footways, except that, when ice or sleet cannot be
removed without injury to the sidewalk or footway, such ice or sleet shall be covered within the period
of time above specified with sand, ashes or some substance which will render it safe for travel.
(c) When there is no tenement on a lot, or no occupant of any tenement thereon,
it shall be the duty of the owner of the lot or tenement, or his agent, to have the snow or ice removed
from his sidewalk or footway as above required of occupants of houses.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
lO.(d)
MOTION
On motion of Mr. Webb, seconded by Mr. Clem, the following resolution was proposed and unanimously
adopted.
91-35 - RESOLUTION - AUTHORIZING FUNDING FOR LEESBURG RENAISSANCE
WHEREAS, Council adopted on June 27, 1990, Resolution No. 90-160, which established
Leesburg Renaissance and the conditions required for matching town funding; and
WHEREAS, as one of the conditions of funding, Leesburg Renaissance must receive Council
authorization of programs that are to be initiated and implemented; and
WHEREAS, the Leesburg Renaissance Board of Directors has hired an executive director,
solicited 62 members and conducted promotional programs such as Friday Nights Alive in Leesburg; and
WHEREAS, active promotion of Leesburg during difficult economic conditions is necessary and
welcome by town businesses and citizens; and
WHEREAS, the Leesburg Renaissance Board of Directors adopted its short-term objectives and
presented them at the February 5, 1991, Administration and Public Works Committee meeting and
provided the Town Council with a projected cost of future events and programs to meet these objectives;
and
WHEREAS, Leesburg Renaissance continues to implement its comprehensive plan, Planning for
Progress: 1990 and Beyond, to promote the economic development of the Town of Leesburg:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The request for matching funding in the amount of $11,005 for Leesburg
Renaissance expenditures through December 31, 1990, is hereby authorized.
SECTION II. Leesburg Renaissance's short-term objectives for the next six months as presented
at the Town Council's Administration and Public Works Committee meeting of February 5, 1991, (which
are attached hereto) are hereby authorized.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
10.(fl
Mr. Brown summarized the proposed legislation in lieu of the reading.
MOTION
On motion of Mr. Webb, seconded by Mr. Clem, the following ordinance was proposed and unanimously
Minutes of February 12, 1991
adopted.
91-37 - RESOLUTION - INITIATING AND REFERRING AN AMENDMENT TO ARTICLE 11 SPECIAL
EXCEPTION REGULATIONS AND ARTICLE 3-I MULTI-FAMILY RESIDENTIAL
ZONING DISTRICT REGULATIONS OF THE LEESBURG ZONING ORDINANCE
WHEREAS, the special exception criteria and the R-22 multi-family residential zoning district
regulations require multi-family developments to include 250 square feet of active recreational space per
dwelling unit; and
WHEREAS, the Council has determined that some multi-family development too small to
successfully support a useful recreation facility on-site in accordance with these regulations; and
WHEREAS, it has been determined that the recreation requirements for multi-family
developments should create more appropriate standards for smaller multi-family developments:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment to Article 11 Special Exceptions of the Leesburg Zoning Ordinance
to Section 11-A-7(3) as shown below, is hereby initiated and referred to the Planning Commission for
public hearing and recommendation under Chapter 11, Title 15.1-431 of the 1950 Code of Virginia as
amended:
11A-7(3)(b)
Multi-family development shall ~.nc!u~c provide a minimum of 30% of the gross
acreage of a development as open spacc ..m:~ ~... :_~,..n~ o~n ....... ~^~ ^~
.... ~ .... ~; ..... '~ ~ ..... ~ ~ ~' ........ ~ In accordance ~th
Section llA-7(3)(c) of this A~icle, open space sh~l be improved by const~ction
of ac~ve recrea~on facili~es desc~bed in the development plan in accordance
~th the schedule approved as pa~ of the plan at a rate equiv~ent to or ~eater
than the rate of const~c~on of th~ dwellings. At a minimum, a phasing plan
must assure that the m~jcr active recreation facilities ouch ~ poe!c, c!u~houccc
~ ~ ..... ~ be constructed prior to the completion of fi~ percent (50%)
of the to~ uni~.
11A-7(3)(c)
All multi-family developments shall provide active recreation space in an amount
equal to .0057 acres (250 square feet) per dwelling unit. The following are
illustrative of the types of facilities that shall be deemed to satisfy the
requirements of this article: tennis courts, swimming pools, clubhouse, basketball
courts and playgrounds. Active recreation may be provided within the open space
area(s) required by Section 11A-7(3)(b) of this Article.
11A-7(3)(d)
Multi-family developments in which the amount of open space required by
Section 11A-7(3)(b) does not exceed .5 acres and/or multi-family developments
of less than 25 dwelling units are exempt from the provisions of Section 11A-
7(3)(c) of this Article.
SECTION II. An amendment to Article 3 Residential Zoning District Regulations Section 3I-7
as shown below, is hereby initiated and referred to the Planning Commission for public hearing and
recommendation under Chapter 11, Title 15.1-431 of the 1950 Code of Virginia as amended:
3I-7(2)(a)
Multi-family development shall !nc!udc provide a minimum of 30% of the gross
acreage of a development as open spacc ..m;~ ~. ;~..~ o~n ....... ~ ^~
.... g .... g~; ..... 1~ +~----1 ..... ~. ~--~ --1 ........ J. In accordance ~th
Section 11A-7(3)(c) of this A~icle, open space sh~l be improved by const~cfion
of ac~v~ recrea~on facili~es desc~bed in the development plan in accordance
~th the schedule approved ~ pa~ of the plan at a rate equiv~ent to or ~eater
than the ra~ of const~c~on of th~ dwelling. At a minimum, a phasing plan
must assure that the m~or active recrea~on facilities ouch ac pcc!c, c!ubhcu~cc
and tcnni~ ccu~, be constructed p~or to the completion of fi~ percent (50%)
of the to~ uni~.
3I-7(2)(b)
All multi-family developments shall provide active recreation space in an amount
equal to .0057 acres (250 square feet) per dwelling unit. The following are
illustrative of the .types of facilities that shall be deemed to satisfy the
requirements of this article: tennis courts, swimming pools, clubhouse, basketball
courts and playgrounds. Active recreation may be provided within the open space
Minutes of February 12, 1991
area(s) required by Section 11A-7(3)(b) of this Article.
3I-7(2)(c)
Multi-family developments in which the amount of open space required by
Section 11A-7(3)(b) does not exceed .5 acres and/or multi-family developments
of less than 25 dwelling units are exempt from the provisions of Section 11A-
7(3)(c) of this Article.
Section III. The Planning Commission shall report its recommendation to the Town Council on
the proposed amendments pursuant to Chapter 11, Title 15.1-431 of the 1950 Code of Virginia, as
amended.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
lo. (k)
MOTION
On motion of Mr. Webb, seconded by Mr. Kimball, the following resolution was proposed and
unanimously adopted.
91-38 RESOLUTION AUTHORIZING A TIME EXTENSION FOR EXECUTION OF AN
AGREEMENT AND PROVIDING A PERFORMANCE GUARANTEE FOR THE PUBLIC
IMPROVEMENT IN THE STAR PONTIAC VEHICLE STORAGE FACILITY
WHEREAS, a gravel vehicle storage facility was created over two years ago without benefit to
an approved development plan as required by the town's Subdivision and Land Development Regulations
and Zoning Ordinance; and
WHEREAS, subsequently a development plan was submitted and approved by the Planning
Commission; and
WHEREAS, the Council by Resolution No. 89-231 authorized an agreement and performance
guarantee in the amount of $80,250.00 for public improvements associated with the development plan;
and
WHEREAS, a phasing plan was approved which limits the area for vehicle storage, provides the
installation of substantial landscaping to screen the lot from adjacent residential property and creates a
swale to improve drainage in the area; and
WHEREAS, the Council by Resolution No. 90-193 approved the phasing plan and a performance
guarantee in the amount of $21,000.00 to guarantee the installation of the landscaping and swale; and
WHEREAS, the owner provided a letter of credit from Farmers and Merchants National Bank
in the amount of $21,000.00 for Phase I to guarantee the installation of the Phase I improvement; and
WHEREAS, the installation of the landscaping, fence and swale have been completed and
approved; and
WHEREAS, pursuant to Council Resolution No. 90-193 adopted July 25, 1990 the owner is
required to enter into an agreement to complete all public improvements and provide the $80,250.00
performance guarantee approved by Resolution No. 89-231 on or before January 25, 1991, or remove all
vehicles from the gravel vehicle storage facility; and
WHEREAS, the owner, because of economic conditions, has requested additional time before
being required to sign the agreement and provide the performance guarantee.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A one year time extension for execution of the contract for installation of public improvements
(PC-2) and providing the performance guarantee is hereby approved. Therefore, on or before January
25, 1992, the owner shall be required to enter into the agreement and provide the performance guarantee
as authorized pursuant to Resolution No. 89-231 or remove all vehicles from the gravel vehicle storage
area.
DISCUSSION
Minutes of February 12, 1991
Mrs. Forester asked if any of this information had been sent to the residents who have expressed concern
with this in the past? Mr. Mason stated nothing has been sent directly to the residents, however, the
residents were involved in the installation and were consulted prior to staff's recommendation for bond
release. No complaints have been received from the residents since the installation of the landscaping
and fence and drainage improvements.
Mr. Lovin stated that this matter has been before the Council for three years. It is sad that it has taken
the town three years to get a person to obey the town's Zoning Ordinance. It is unfortunate that the
owner needs another year.
Mayor Sevila stated that it is important to know that the Council did enter into a phasing agreement
with the owner to make sure that the citizen's primary objections were addressed and we have done that.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
NEW BUSINESS
Mrs. Forester asked Mr. Brown to place on a future Administration and Public Works Committee agenda
the discussion of economic development in the Town. We should be coordinating economic development
with Leesburg Renaissance, the Town's Economic Development Advisory Commission and the Airport
Commission.
On motion of, and duly seconded, the meeting was adjourned at 9:15 p.m.
Clerk of Council
Mayor Robert E. Sevila