HomeMy Public PortalAbout1991_03_12TOWN COUNCIL MEETING MINUTES OF MARCH 12, 1991
A regular meeting of the Leesburg Town Council was held on March 12, 1991, at 7:30 p.m., in
the lower level 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 James E. Clem
ROLL CALL
Councilmembers present
Georgia W. Bange
James E. Clem
Christine M. Forester
Donald A. Kimball
Claxton E. Lovin
William F. Webb
Mayor Robert E. Sevila
Staff members present
Acting Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas A. Mason
Planner Peter Stephenson
Planner Kristie LaLire
Public Information Officer Susan Farmer
Town Attorney George Martin
Clerk of Council Dorothy B. Rosen
APPROVAL OF MINUTES
MOTION
On motion of Mr. Webb, seconded Ms. Bange, the regular meeting minutes of December 12, 1990, were
approved as written.
VOTE
Ayet
Nay:
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
PETITIONERS
Mr. C. P. Ong, a principal of the Dulles Jeep, Eagle, Subaru Dealership located at 107 Catoctin Circle,
addressed the Council. Mr. Ong submitted a petition to the Council which seeks approval to place a
commercial trailer on the property to provide necessary space for wholesale car transactions, as a
temporary structure on the property. Mr. Ong's statement is attached and made a part of the official
record.
Mayor Sevila asked Mr. Ong if he has submitted a site plan or conceptual drawing that would show the
present layout of the property and where the temporary trailer would be located. Mr. Ong stated not
at this time but it would be forthcoming.
Mayor Sevila asked Mr. J. M. Sonies, counsel to the applicant, if he has been in touch with the town's
planning department. Mr. Sonies stated that he has been in contact with Zoning Administrator Scott
Johnson.
Mayor Sevila asked that Mr. Brown contact Scott Johnson and advise Mr. Sonies as to what would be
necessary to make application to the town for the temporary use. Mr. Sonies should be advised, under
the present regulations, of what the limitations and/or restrictions might be.
Minutes of March 12, 1991
Mr. Brown stated that this request was made through Scott Johnson. Mr. Johnson advised Mr. Sonies
that a temporary trailer would require certain approvals. The trailer was installed without approval from
the town. Staff is willing to work with Mr. Sonies to correct the situation.
Mayor Sevila advised Mr. Sonies to contact Mr. Johnson immediately and that Mr. Johnson would also
address the question of a zoning violation.
Mr. Sonies stated that a fair amount of consideration has been given to creation of a permanent
structure, as characterized in the zoning ordinance. The problem we have encountered is that the land
on which the facility is presently situated is very difficult to work with. This is the old town landfill.
Because the soil is believed to be unstable some rather exotic construction would be required. It is
because of the engineering difficulties and the resulting cost that the temporary structure was installed.
Mayor Sevila stated that he understands but in order for the Council to properly consider the request
a completed application has to be filed with the town.
Mr. C. Terry Titus, a resident of 805 Wage Drive, addressed the Council. He stated that the Loudoun
County Planning Commission has spent many months working on the General Plan. One of the issues
that has recently come before the County Planning Commission and has been discussed very thoroughly
was the area surrounding the Town of Leesburg, the Urban Limit Line and the land uses between the
corporate limit line. After these discussions, we believe that the Council should take a closer look at what
the County is proposing. Mr. Weiss and myself have prepared a map that shows what the county is
proposing. We are requesting that the Council take a look at the maps. Mr. Titus then discussed each
of the maps.
Mayor Sevila stated that he asked Mr. Weiss and Mr. Titus to prepare these maps and illustrations for
the Town Council in hopes that the Council would be able to refer the current status of the County's
General Plan to the Town Council's Planning and Zoning Committee meeting so that the Council could
then develop a policy with respect to the greenbelt issues. And to perhaps be in a position by the
proposed April public hearing dates to present a position on behalf of the town by way of comment to
the County Planning Commission.
PUBLIC HEARING to consider #ZM-126 Exeter PRN Plan amendment/sign package
Mr. Brown, addressed the Council. He stated that this item has been discussed on numerous occasions.
The recent concern deals with the possible demolition/relocation of the monument sign. The applicant
has submitted modified proffers that resolves the issue and provides for the homeowners association to
take of the relocation of the sign. The applicant is present to answer any questions.
Mr. Charles Shumate, representing the applicant, addressed the Council. The modification includes
proffers to address the sign package. The 9 conditions carry forward all of the conditions previously
outlined in the proposed resolution. We wanted to make sure that there was a clear setting of
responsibilities as to who, between the Town and/or the homeowners, should bear the cost of
maintenance, relocation or demolition of the sign. We also wanted to maintain some flexibility in the
document so that what will then be a settled community will have an opportunity to deal with what will
take place in some 15 plus years. Mr. Shumate then read number 5 in the proposed legislation. The
homeowners association will have an annual budget of about $300,000.00. We plan to put this demolition
and/or relocation item in as a line item in the budget to make sure the money is there.
Mr. Kimball asked Mr. Shumate how prospective homeowners become aware of this requirement. Mr.
Shumate stated that it will be an amendment to the homeowners document.
Mr. Ken Berg, representing the applicant, further addressed Mr. Kimball's question by stating that when
a prospective buyer comes in and wants to review documents, we will provide the buyer with them at
that time. We customarily provide these documents at the contract time which is well in advance of any
settlement.
There was no public comment. The Mayor closed the public hearing.
COUNCILMEMBER COMMENTS
Mr. Webb stated that he attended last Thursday's Planning Commission meeting where some of the
members requested a joint meeting with the Council.
Minutes of March 12, 1991
He and Mr. Lovin were present at Saturday's Listening Session where only one citizen was present. Mr.
Rick Carl a resident of South Street. Mr. Lovin and Mr. Webb went to Mr. Carl's house and noted some
concerns on Royal and South Streets.
Mayor Sevila stated that he too received a lengthy letter regarding the situations on Royal and South
Streets. He stated that a report should be prepared by Mr. Brown and forwarded to the Council of what
the situation is. Perhaps there are County and State agencies that should also be involved.
Mr. Brown stated that the other authorities have been alerted and are working on the situation now.
Town crews have also been sent in to clean up.
Mr. Lovin encouraged members of Council to drive up Royal Street and South Street to view the
properties in question.
He stated that he would miss not seeing Ms. Rosen as frequently after her retirement in June. He
wished to congratulate Ms. Rosen for her 28 years of outstanding service.
He recognized Mr. Brown and Susan Farmer for the awards that the town won from the City Hall Public
Information Awards and Merit. One was the Tourism Brochure and the other is the Municipal Services
Brochure.
Dedication of the new municipal government center is scheduled for this Friday.
Mr. Clem stated that he and Mr. Brown attended the Tai Kwon Do Championship on Saturday held at
the high school. It was a rich and rewarding experience. The town received a plaque and in turn
presented Master Choi with a Certificate of Appreciation.
Mr. Kimball wished to acknowledge Mr. Tolbert in the audience.
He thanked Mr. Brown for hanging the Tai Kwon Do sign. It was hung in a prominent place giving
them added recognition.
Mr. Kimball wished Ms. Rosen well.
Mrs. Forester echoed Mr. Lovin's comments with regard to the municipal government center dedication.
She wished Ms. Rosen well.
The Loudoun Community Orchestra will have their inaugural performance Saturday night at Loudoun
County High School. The admission is free.
Ms. Bange stated that she had an opportunity to represent the Council and read a letter from the Mayor
to Brian Mallick who has become an Eagle Scout. This is quite an achievement for a young man.
She attended the Parks and Recreation Commission meeting where a budget workshop was held and
went very well.
She encouraged everyone to visit Ida Lee Park.
She wished Ms. Rosen well.
Mr. Brown noted that the Council did receive a copy of the written Activity Report.
He thanked Master Choi for coordinating the event in Leesburg and Tom Galloway with Leesburg
Renaissance.
He encouraged the public to attend the dedication of the town's municipal government center at 3:00
p.m., on Friday.
MAYOR'S REPORT
Mayor Sevila joined his fellow councilmembers in congratulating Ms. Rosen on her retirement. He has
enjoyed a long and rewarding relationship with Ms. Rosen.
Minutes of March 12, 1991
He commended Barry Thompson for helping a Shenandoah University class vacate the town's lower level
when it flooded on Saturday. Mr. Thompson also found other suitable quarters within the town office
where class was resumed.
LEGISLATION
10. (a)
MOTION
On motion of Mr. Webb, seconded by Mr. Clem, the following ordinance was proposed and unanimously
adopted.
91-0-12 ORDINANCE - AMENDING THE APPROVED EXETER PLANNED RESIDENTIAL
NEIGHBORHOOD PLAN TO INCLUDE A COMPREHENSIVE SIGN PACKAGE -#ZM-
126
WHEREAS, the applicant has submitted a sign plan to amend the Exeter PRN plan, which is
in accordance with the Town's sign regulations, Article 10 of the Zoning Ordinance; and
WHEREAS, on November 19, 1990 and on January 10, 1991, the Board of Architectural Review
and the Planning Commission, respectively, recommended approval of this sign plan; and
WHEREAS, the approval of this sign plan is in the best interest and public necessity,
convenience, general welfare and a good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The revised Exeter PRN plan submitted as part of rezoning application #ZM-87
for 274.8 acres of land, bounded by the Route 15 Bypass on the east, Route 15 Business on the west,
Virginia Route 837 and Balls Bluff Road on the north, and the lands of Rev. Thomas J. Welsh, Walter
Phillips, Loudoun County School Board and Hornet on the south, is hereby amended to include this sign
plan consisting of five types of signs for a total package of twenty-three signs, subject to the following
voluntary conditions proffered in writing by the property owner on March 6, 1991, in accordance with
the provisions of Section 15.1-491(a) of the 1950 Code of Virginia as amended:
The sign package includes: a) four monument signs, b) four marketing signs, c) seven
ladder signs, d) five directional signs, and e) three amenity signs as shown on the
drawings entitled Exeter Signage Master Plan dated October 31, 1990 and revisions made
on January 7, 1991, which are attached hereto and incorporated herein as Exhibit "A",
consisting of three (3) numbered pages.
2. The name of the development shall not be changed to Waverly.
o
The amenity and ladder signs shall not exceed six (6) feet in height with illustrations
eliminated.
A two-year limit for all the temporary signs, including the marketing signs, ladder signs,
detail directional signs and amenity signs, which can be renewed annually and
administratively by the Zoning Administrator.
o
The homeowners association documents shall be amended to require that the association
shall bear the sole responsibility for and costs of maintaining as well as relocating and/or
demolishing the monument signs proposed for construction within the Battlefield
Parkway dedicated public right-of-way. Any relocation and/or demolition shall be in
accordance with the rules and regulations of the Town of Leesburg in effect at the time
of said relocation and/or demolition. The subject documents will provide for a
homeowner's funding mechanism to cover the costs of the anticipated relocation and/or
demolition. Any documents prepared pursuant to the provisions of this section shall be
reviewed and approved by the Town Attorney before recordation.
The placement of signs C, D and E shall be subject to review and approval by the
Department of Engineering and Public Works prior to installation.
Minutes of March 12, 1991
The construction details of the monument signs, including materials, shall be submitted
to staff for review prior to obtaining a sign permit from the Town of Leesburg.
All terms and conditions of the Exeter PRN submitted as part of rezoning application #ZM-87
shall remain in full force and effect except to the extent amended by the aforesaid language in paragraphs
1-7, inclusive.
The Applicant represents that it has full authority to make these proffers and to execute this
document, that these proffers are made voluntarily, and that they should be binding on all owners, heirs,
successors or assigns.
SECTION II.
This ordinance shall be in effect upon its passage.
VOTE
Aye:
Nay:
10. (b). (c). (d). (e), (g), (h), (i)
MOTION
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
On motion of Mr. Clem, seconded by Mr. Webb, the following resolutions were proposed as consent items
and unanimously adopted.
91-53 - RESOLUTION - REQUESTING VIRGINIA DEPARTMENT OF TRANSPORTATION FUNDING
FOR HIGHWAY PROJECTS WITHIN THE TOWN OF LEESBURG IN THE
VDOT SIX-YEAR IMPROVEMENTS PROGRAM FOR FISCAL YEARS 1991-92
THROUGH 1996-97
WHEREAS, the Virginia Department of Transportation (VDOT hereinafter) is revising the Six-
Year Improvements Program for fiscal years 1991-92 through 1996-97; and
WHEREAS, VDOT will be conducting a pre-allocation hearing on April 5, 1991, in Fairfax City
to determine funding for urban system and primary system projects in the Northern Virginia construction
district; and
WHEREAS, it is necessary that a request, by Council resolution, be made before VDOT allocates
funds in the Six-Year Improvements Program for urban system projects; and
WHEREAS, the Plaza Street Extension Project. and the widening of Catoctin Circle from South
Street to King Street are already in the VDOT Six-Year Plan; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. VDOT is requested to establish the following projects as part of its Six-Year Plan:
Priority
Project Description
Plaza Street Extension from East Market to Sycolin
Road at Rockuridge Drive, a distance of approximately
2700 feet.
Widen Catoctin Circle from South Street west of South
King Street to accommodate four travel lanes and a
turning lane for a distance of approximately 3300 feet.
3
Catoctin Circle Extension from existing terminus north
of East Market Street to Edwards Ferry Road, a distance
of approximately 550 feet.
SECTION II. The Town agrees to pay its share of the total costs for preliminary engineering,
right-of-way and construction of these projects in accordance with Section 33.1-44 of the Code of Virginia,
as amended and that, if the Council subsequently elects to stop or cancel any of the projects, the town
hereby agrees to reimburse VDOT for the total amount of the costs expended by VDOT through the date
Minutes of March 12, 1991
VDOT is notified of such suspension or cancellation.
SECTION III. VDOT is requested to establish as a primary system project for acquisition of
right-of-way for the completion of the grade-separated interchange at the Route 7/Route 15 intersection
on the east end of town for the following reasons:
1. Development within the required right-of-way is eminent.
The current interchange is beyond capacity at peak hours and future
traffic from local and regional growth continues to escalate traffic
problems at this intersection.
This project is included in the corridor study submitted by VDOT to the
Town of Leesburg and approved by the Leesburg Town Council.
Acquisition of this right-of-way prior to development of the property will save an
estimated $8 million in tax payers' money.
91-54 -RESOLUTION - REQUESTING SUPPORT FROM THE LOUDOUN COUNTY BOARD OF
SUPERVISORS TO INCLUDE THE COMPLETION OF THE ROUTE 7/15 BY-
PASS INTERCHANGE IN THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SIX-YEAR PLAN
WHEREAS, there are no Virginia Department of Transportation (VDOT) primary system projects
for roads located in Leesburg in the current six-year program; and
WHEREAS, the town has attempted for the past three years to convince VDOT to add the
completion of the Route 7/15 by-pass interchange to the VDOT six-year plan as a primary system project;
and
WHEREAS, VDOT has not yet included the much needed interchange as a primary system
project for completion in the next six years; and
WHEREAS, the Loudoun County Board of Supervisors will be developing its request for primary
VDOT six-year funds shortly; and
WHEREAS, the Loudoun County Board of Supervisors could either include the interchange as
a requested project or endorse and support the town's request; and
WHEREAS, the County Board's support and endorsement would greatly increase the likelihood
that the interchange would be added to the six-year plan; and
WHEREAS, completion of the interchange improvements would solve the substantial regional
traffic problems associated with Route 7/15 by-pass interchange:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Loudoun County Board of Supervisors is hereby requested to include in its VDOT six-year
plan the completion of the Route 7/15 by-pass interchange to improve regional traffic circulation in
Leesburg and Loudoun County.
91-55 - RESOLUTION - REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO
ACCEPT CERTAIN STREETS
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Virginia Department of Transportation is requested to accept into the Virginia Department
of Highways arterial and secondary system .80 lane miles of Battlefield Parkway 4-lane addition; .50 lane
miles of South Balls Bluff Road (32 feet width); .08 lane miles of South Balls Bluff Road (30 feet width);
.16 lane miles of Musket Court; .14 lane miles of Cannon Court; .58 lane miles of Balls Bluff Road; .18
lane miles of James Rifle Court; .36 lane miles of Smartt's Lane; .20 lane miles of Featherstone Lane
(cul-de-sac west); .26 lane miles of Featherstone Lane (cul-de-sac east); .12 lane miles of Barksdale Drive
(dead-end west); .26 lane miles of Barksdale Drive (dead-end east); .16 lane miles of Jennifer Court; .18
lane miles of Duff Road; .18 lane miles of Campbell Court; .26 lane miles of Wildman Street; .60 lane
Minutes of March 12, 1991
miles of Miller Drive; .48 lane miles of Trailview Boulevard; .64 lane miles of Heritage Way; .14 lane
miles of Clymer Court; .06 lane miles of Wythe Court; .10 lane miles of Nelson Court; .10 lane miles of
Forbes Court, as listed on the accompanying Form U-l, in accordance with the requirements of Section
33.1-41.1 of the 1950 Code of Virginia, as amended.
91-56 - RESOLUTION - AWARDING A CONSTRUCTION CONTRACT FOR THE WEST LOUDOUN
STREET IMPROVEMENTS PROJECT
WHEREAS, general obligation bonds were sold to finance the construction of street, sidewalk and
storm drainage improvements along a portion of West Loudoun Street to fulfill a long standing capital
improvement project; and
WHEREAS, bids were solicited under Section 8.1, Competitive Sealed Bidding, of the Leesburg
Purchasing Regulations for the construction of these improvements; and
WHEREAS, at the request of the Leesburg Volunteer Fire Company, paving of the parking lot
of the Leesburg Fire Station was included in the project as Bid Additive Item No. 2; and
WHEREAS, the Leesburg Volunteer Fire Company has agreed to reimburse the town the cost
of paving the fire station parking lot which has a bid at a price of $15,375.00; and
WHEREAS, the bids were evaluated pursuant to the bid documents, Town Purchasing
Regulations and the Virginia Public Procurement Act, and a recommendation of award has been made
by the town's consulting engineer for the project; and
WHEREAS, Buenos Aires Construction Company, Inc. is the lowest bidder and has been declared
to be both responsible and responsive; and
WHEREAS, sufficient funds have been appropriated to complete this project.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Acting Town Manager is authorized and directed to execute, on behalf of the Town, a lump
sum contract with Buenos Aires Construction Co., Inc. for the Base Bid, and Bid Additive Items 1 and
2 for a total contract amount of $216,780.00.
91-57 - RESOLUTION - AUTHORIZING AN AGREEMENT WITH THE VIRGINIA DEPARTMENT OF
HEALTH ESTABLISHING LOCAL REVIEW PROGRAM FOR WATER AND SEWER
LINE EXTENSIONS
WHEREAS, the Commonwealth of Virginia Waterworks Regulations [Section 3.14.01], requires
that all waterline extensions serving more than 15 equivalent residential connections (6,000 gallons/day)
must be submitted to the Virginia Department of Health for review and approval prior to construction,
and the Commonwealth of Virginia Sewerage Regulations [Section 3.04.0261], require the Virginia
Department of Health review and State Water Control Board approval for ail sanitary sewers serving
more than 400 persons (40,000 gallons/day); and
WHEREAS, the Commonwealth of Virginia Waterworks Regulations and Sewerage Regulations
make provisions for the establishment of Local Standards and Review Programs for review and approval
of water and sewer extensions;
WHEREAS, the Water Master Plan, the Sewer Master Plan and the Design and Construction
Standards Manual are prerequisite steps to obtaining local review authority from the Virginia Department
of Health for water and sewer line extensions, and have been adopted by the Town Council; and
WHEREAS, on January 24, 1991, the Department of Engineering and Public Works presented
the Town of Leesburg Local Standards and Review Programs for water and sewer to the Virginia
Department of Health which then requested the Town Manager sign a Memorandum of Understanding,
further Virginia Department of Health recommended approval of the Local Standards and Review
Programs for waterline extension; and
WHEREAS, the Local Standards and Review Program does not add any additional items to plan
submission requirements, will eliminate duplication of effort by the development community, and will
also represent an important part of the Town of Leesburg's efforts to shorten the review time for land
Minutes of March 12, 1991
development applications.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Acting Town Manager is hereby authorized to execute on behalf of the town
the "Memorandum of Understanding" in a form approved by the Town Attorney from the Virginia
Department of Health establishing the Local Standards and Review Program for Waterline Extensions
in the Town of Leesburg.
SECTION II. The Acting Town Manager is hereby authorized to implement the "Local Standards
and Review Program for Sewerage" at such time as the Virginia Department of Health approves the
program.
SECTION III. Severability. If any pot"don 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.
91-58 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RELEASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC
IMPROVEMENTS AT THE JEWELL BUILDING
WHEREAS, the Sumner Leesburg Limited Partnership, the developer of the Jewell Building 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 Io The irrevocable letter of credit from Sovran Bank, N.A. in the amount of $60,000.00
is released, and a new surety in a form approved by the town attorney for a maintenance guarantee in
the amount of $3,000.00 is approved, and shall be in effect for a period of one year from this date.
SECTION II. This release is contingent upon delivery of a properly executed instrument
conveying unto the town all such improvements and easements free of any liens or charges.
91-59 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTALLATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR FOX
CHASE SECTION I
WHEREAS, the Pulte Home Corporation, the developer of Fox Chase Section I, 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 Sovran Bank, N.A., which guarantees the installation of
public improvements in Fox Chase Section I, in the amount of $62,000.00 automatically renews for
additional one-year periods; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$62,000.00 to guarantee installation of the remaining public improvements in Fox Chase Section I.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Renewal of the letter of credit from Sovran Bank, N.A. in the amount of $62,000.00 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 Fox Chase Section I.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
10. (f)
Minutes of March 12, 1991
MOTION
On motion of Mr. Kimball, seconded by Mr. Webb, the following resolution was proposed and
unanimously adopted.
91-60 - RESOLUTION - INITIATING AN AMENDMENT TO ARTICLE 18 OF THE LEESBURG
ZONING ORDINANCE TO REVISE THE DEFINITION OF A BED AND BREAKFAST
INN
WHEREAS, in addition to the provision of food and lodging for guests, other ancillary services
such as provision for small meetings, receptions, and similar social events for guests are often customarily
incidental to a bed and breakfast inn; and
WHEREAS, the present definition of a bed and breakfast inn, as set forth in Article 18 of the
Leesburg Zoning Ordinance, clearly allows for the provision of food and lodging but does not clearly
provide for the allowance of appropriate, related ancillary uses; and
WHEREAS, it is desired that such related ancillary uses be allowed if authorized by the Town
Council by Special Exception subject to conditions for a bed and breakfast inn, as appropriate on a case
by case basis:
THEREFORE, RESOLVED by the Council of the Town of Leesburg as follows:
The following amendment to Article 18 of the Leesburg Zoning Ordinance is hereby initiated and
referred to the Planning Commission for public heating and recommendation under Chapter 11, Title
15.12 of the 1950 Code of Virginia, as amended:
BED AND BREAKFAST INN
A private residence, in which lodging and food are provided by the owner or operator for profit
to one or more transient guests. Bed and breakfast inns shall not include more than eight guest
rooms, and may provide rooms for meetings, seminars, receptions and similar social events if
authorized by the Town Council by Special Exception subject to conditions. The owner or
operator shall be a resident of the inn.
DISCUSSION
Mr. Lovin stated that the Norris House Inn and the Laurel Brigade Inn are currently operating under
the current Zoning Ordinance definition of a bed and breakfast. Mr. Stephenson stated that the Zoning
Ordinance prior to April 1990 did not have a definition for bed and breakfast, however, there are two
inns within the historic district which have been operating and having additional events. This definition
would not only clear up the situation with the Hillcrest application but apply to any future inns because
the inns are now a special exception use.
Mr. Webb asked if the operator of an inn would have to obtain a special exception to have a wedding
reception or would it be automatic if this resolution is adopted. Mr. Stephenson explained, in the case
of Hillcrest, if this resolution is adopted it would allow the Council to continue negotiating with the
applicants to determine what in deed are appropriate uses.
Mr. Stephenson stated that this will allow the Council to authorize the extra ancillary uses on a case by
case basis as appropriate. The Norris House Inn is a much smaller inn and could not physically have
the types of related uses as proposed at Hillcrest. On the other hand, the Norris House is in a
commercially zoned district and Hillcrest is not.
Mr. Lovin wished to make clear that the proposed resolution, if adopted, does not change the ordinance,
it is only scheduling a public hearing before the Planning Commission.
Mrs. Forester stated that she looks forward to the public hearings because this was a definition that the
Planning Commission and staff worked on for a long time. It had many revisions as it went through the
zoning ordinance process.
Mayor Sevila questioned the current status of the BZA. Mr. Stephenson stated that the appeal to the
BZA has been deferred.
Minutes of March 12, 1991
voTE
Aye:
Nay:
11. New Business
MOTION
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
On motion of Ms. Bange, seconded by Mr. Lovin, the following resolution was proposed and unanimously
adopted.
91-61 - RESOLUTION - AUTHORIZING A PUBLIC HEARING FOR REZONING APPLICATION #ZM-
114 BY GEORGELAS & SONS, INC.
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider rezoning application #ZM-114 by Georgelas & Sons, Inc.
shall be published in the Loudoun Times-Mirror. The notice shall be published on April 10, 1991 and
April 17, 1991 for public hearing on April 23, 1991 at 7:30 p.m. in the Council Chambers, 25 West
Market Street. S.W., Leesburg, Virginia.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
MOTION
Mrs. Forester made the following motion:
Pursuant to Section 2.1-344 of the 1950 Code of Virginia, as amended, I move that the Town
Council of the Town of Leesburg convene in Executive Session. The authority for this Executive Session
is found in Section 2.1-344(a), Subsection (1) and (3), of the 1950 Code of Virginia, as amended. The
purpose for this Executive Session is to discuss the acquisition of Dodona Manor and the employment
of a consultant to assist with the town manager's selection process.
J. Hamilton Lambert is requested to remain during the discussions of the town manager's
selection process.
The Acting Town Manager, Deputy Town Attorney, Director of Finance and the following
representatives from the George C. Marshall Home Preservation Fund are to remain for the discussions
of the acquisition of Dodona Manor. Those representatives are: B. Powell Harrison, Katherine A. Boyd,
Ray Cheronis, Janet Frey, Edgar Hatrick, Joseph Keating, Diana Keesee, Esther Laver, Benjamin
Lawrence, Fred Lininger, Leland Mahan, Dan Malone, Elizabeth Pendzich, Victoria Pope, George
Roberson, Nestor Sanchez and John Tolbert.
The motion was seconded by Mr. Kimball.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Ms. Georgia Caldwell, representing the Loudoun Times-Mirror, requested that the Council discuss the
matter of Dodona Manor as part of the public process. Mayor Sevila stated that the issues that will come
before the Council tonight are legitimately conducted under the parameters of the executive session
ordinance.
Mr. Chuck Thornton, General Manager of WAGE Radio, also echoed that the Dodona Manor discussion
is of great interest to many individuals in this community because it directly impacts on the public's
awareness campaigns, the campaigns for support as well as the tax dollars that are going into this. This
discussion carries beyond the simple acquisition of property. The public should be involved in these
discussions.
Minutes of March 12, 1991
Mrs~ Forester made the following motion:
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.
The motion was seconded by Ms. Bange.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
Mayor Sevila asked Mr. Lambert to present to the public what the Council discussed, what the plan and
outline of the procedure is and what the terms of employment would be.
Mr. Lambert's statement is attached and made a part of the official record.
Mayor Sevila stated that the Council will act favorably on a verbal motion, tonight, to authorize Mr.
Lambert and Mr. Hirst to complete phase I in the terms as outlined in Mr. Lambert's letter.
Mayor Sevila stated that this concluded the first part of the Executive Session. He asked that those
persons named in the Dodona Manor portion of the Executive Session motion are to remain.
MOTION
On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
91-62 - RESOLUTION - CERTIFYING EXECUTIVE SESSION OF MARCH 12, 1991
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.
VOTE
Nay:
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
On motion of, and duly seconded, the meeting was adjourned.
Clerk of Council '
Robert E. Sevila, Mayor