HomeMy Public PortalAbout1991_04_23479
TOWN COUNCIL MEETING MINUTES OF APRIL 23, 1991
A regular meeting of the Leesburg Town Council was held on April 23, 1991, at 7:30 p.m., in the
Council Chambers, 2.5 West Market Street, Leesburg, Virginia. The meeting was called to order by Mayor
Sevila.
INVOCATION was given by Councilmember Kimball.
SALUTE TO THE FLAG was led by Councilmember Forester.
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
Director of Finance Paul E. York
Director of Utilities Randolph W. Shoemaker
Chief of Police James M. Kidwell
Traffic Engineer Calvin Grow
Planners Peter Stephenson, Marilee Weir, Sally Vecchio, Gene Arner
Public Information Officer Susan Farmer
Deputy Town Attorney Deborah Welsh
Special legal counsel to the town Bob Corish
Clerk of Council Barbara Markland
PETITIONERS there were no petitioners.
MAYOR'S REPORT
Mayor Sevila presented the following proclamation to Officer Doug Taylor.
PROCLAMATION
May 22, 1991
WHEREAS, our children in Virginia have been influenced by the nation's drug problems; and
WHEREAS, drugs have affected their minds and bodies, their families and their future; and
WHEREAS, it has taken several programs and committed community efforts to fight the battle
against drugs; and
WHEREAS, the State of Virginia implemented the D.A.R.E. Program in 1986, children in 123
of 135 school districts now receive D.A.R.E. within the school's curriculum; and
WHEREAS, the children of Loudoun County and Leesburg have been receiving D.A.R.E. since
1987 through the combined efforts of the Loudoun County Sheriff's Office, the Leesburg Police
Department, parents, teachers and the community.
THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Leesburg in Virginia,
in conjunction with Governor Douglas Wilder, declare that May 22, 1991 be lrwg/n/a D~LR.F~ Da~, and
to recognize that Loudoun County be the first county to celebrate this date and encourage members of
the community to join the battle against drugs for a better future for our children.
Mayor Sevila presented Certificates of Appreciation to Kristie l. alire and Officer Eric Paul.
480
PUBLIC HEARINGS
6. a. #ZM-114 b_v Geor~elas & Sons, Inc.
Ms. Vecchio addressed the Council presenting the staff report~
Mr. Robert Haas, representing Georgelas & Sons, addressed the Council stating that the issues before
the Council have been fully discussed during the two years pending. He stated that the solutions reached
in the course of litigation resulted in the revised proffers including over $450,000.00 in offsite
contributions.
Mayor Sevila stated that this approval takes care of one of the issues of the pending litigation. If this
application is approved Wnight the law suit will be disrni~4~ed with prejudice and all issues pending.
Ms. Beverly CaDuto, a resident of Wilson Avenue, addressed the Council opposing #ZM-114.
Mr. William Hen .ry, a resident of 29 Phillips Drive, addressed the Council opposing #ZM-114.
Ms. Linda Pretty, a resident of Leesburg, addressed the Council opposing #ZM-114.
Mr. Dan Baker, a resident of 201 Ayrlee Avenue, addressed the Council opposing #ZM-114.
The Mayor closed the public hearing.
MOTION
On motion of Mr. Lovin, seconded by Mr. Clem, item 10. (a) was taken out of order.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
MOTION
On motion of Mr. Lovin, seconded by Mr. Clem, the following ordinance was adopted as amended by a
roll call vote of 7-0.
91-0-14 - ORDINANCE - APPROVING REZONING APPLICATION #ZM-114 BY GEORGELAS AND
SONS, INC.
WHEREAS, on November 28, 1989, the Council received rezoning application #ZM-114 by
Georgelas and Sons, Inc., to rezone a 71.8 acre parcel of land located north of the Falrview subdivision
and west of Andover Meadow Subdivision consisting of Parcels A, B and C and excluding Parcels D and
E as shown on the concept plan drawn by Pachdli~ Simmons and Associates, Ltd., revised June 14, 1990;
from R-1 to R-4 with proffers and referred the application to the Planning Commi~ion for public hearing
and recommendation; and
WHEREAS, on January 27, 1990, the Planning Commission held a public hearing on this
application; and
WHEREAS, on February 2, 1990, the Planning Commk~aion recommended denial of this rezoning
application to the Council; and
WHEREAS, on May 8, 1990, the Town Council held a public hearing on this application; and
WHEREAS, on August 8, 1990, this application was denied by the Council; and
WHEREAS, in September, 1990, due to the denial, the applicant filed suit against the Town and
Council; and
WHEREAS, the applicant submitted revised proffers to address the concerns of the Council; and
WHEREAS, on April 23, 1991, a second public hearing was held by the Council; and
4/23/91-2-
481
WHERF_.6S, it is now determined that this rezoning request is in the interest of public necessity,
convenience, general welfare and good zoning practice:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Rezoning application #ZM-114 by Gsorgelas and Sons Inc. is hereby approved and
the Leeshurg Zoning District Map is amended to change from R-1 to R-4 with proffers, 71.8 acres of land
located north of Falrview subdivision and west of Andover Meadow subdivision as drawn on the concept
plan drawn by Paciulli Simmons and Associates, Ltd. revised June 14, 1990; subject to the following
conditions proffered in writing by the property owner on April 23, 1991 in accordance with the provision
of Section 15.1-491(a) of the 1950 Code of Virginia as ~_mended:
The applicant agrees to limit any development on this parcel to 144 single family lots, no less
than 85 percent of which shall have a minimum lot size of 12,000 square feet and the remaining
15 percent of which shall have a minimum lot size of 10,000 square feet.
0
Z
0
The applicant agrees that any development on this parcel shah be substantially in accordance
with the Concept Plan prepared by Paciulli, Simmons & Associates and dated June 14, 1990
which is submitted herewith and incorporated herein as if fully replicated within this document.
The applicant will, at his own expense, construct Falrview Street through the subject property
as a collector road, as generally depicted on the Concept Plan from Old Waterford Road to
existing Fairview Street, subject to the provisions of proffer number 4 immediately following.
The applicant will provide a 70-foot dedicated right-of-way, free and clear of any and all liens or
encumbrances to the Town in a form approved by the Town Attorney. Dedication of the right-of-
way shall occur at time of recordation of the subdivision plat. The applicant shall build Fairview
Street as a Local Collector, with a 38-foot pavement width, curbface to curbface, throughout the
length of Falrview on applicant's parcel (approximately 2,000 feet) and will construct same
according to applicable Town Design and Construction Standards and any applicable Virginia
Department of Transportation standards or regulations. The applicant agrees to complete the
base coat pavement on Fairview prior to and as a condition of the Town's issuance of the 72nd
zoning permit requested for the 72nd building lot within the parcel.
Homes on the subject property shall not face on, nor driveways open on Falrview Street.
Applicant agrees to provide a 20-foot wide restricted use easement in the yards of lots hacking
on the southeastern side of Falrview Street as shown on the Concept Plan. The easement win
be in a form submitted to the Town Attorney for approval and said easement shall be dedicated
at the time of recordation of the subdivision plat. Applicant shall create a landscaped earthen
berm upon this restricted use easement. No construction or structures of any nature shah be
allowed upon this setback area except those necessary to provide entry features or monuments
of the subdivision, landscaping, and any necessary underground utilities. Additionally, the
applicant shall provide in the covenants governing this subdivision a restriction prohibiting any
fencing in this easement and further prohibiting any fence which is not a standard mA=imum
height 6-foot vertical 'board on board' design for the entire distance along and parallel to
Fairview Street. No fence shall be approved by the Homeowner's Association contemplated
herein which is not consistent with the goal of a continuous, natural wood, board on board design
of the same height, color, and material parallel to and throughout the length of Falrview Street,
as depicted on the approved Concept Plan.
A two (2) foot No-Access easement shall be created within the lotlines abutting Fairview Street,
on Lots 1, 34 through 46, 61, 101, 102, 129, 130 and 144 as depicted on the Concept Plan. Said
easement shall prohibit without exception the use or construction of any ingress/egress points
from Fairview Street other than for Town or utility maintenance, emergency, or temporary Town
or utility construction needs. The easement will be in a form submitted to the Town Attorney
for approval and said easement will be dedicated ~'
Applicant shall provide ingress/egress locations on Fairview, subject to the Town's requirements
and engineering review, to serve the Loudoun Country Day School. Construction of said
ingress/egress locations to occur concurrent with Fairview Street construction.
The submitted Concept Plan demonstrates a boundary-line adjustment with the Loudoun
Country Day School in an effort to accommodate the School's future expansion plans, its parking
and recreational facilities. All such property obtained by Georgelas shall be included in the
4/23/91-3-
482
rezoning of this property by designation on the official Zoning Map. Any reconfiguration of the
boundary-line adjustment shall be substantially in accordance with the approved Concept Plan.
Applicant sh~ll install an 8-foot wide asphalt bicycle/pedestrian trail along the north side of
Fairview Street through the subject property as generally shown on the Concept Plan submitted
herewith and incorporated herein. Said tmfl 8h,,11 be constru~ in accordance with appUcable
Town Design and Construction Standards. Applicant shall substantially complete said trail and
shall dedicate same to the Town of Leesburg concurrent with completion of Falrview Street.
10.
No homes shall front, nor residential driveways open, on Old Waterford Road. A 50-foot wide
scenic setback line shah be provided as generally depicted on the Concept Plan, and any
subsequent subdivision plat, along Old Waterford Road opposite Morven Park and the Virginia
Equine Center, in recognition of the scenic and historic quality of the public and private centers
located to the east of Old Waterford Road. These areas may be used to provide stormwater
management and other public and common facilities or utilities. No construction or structures
of any nature shall be allowed upon this setback area except those necessary to provide the Town
the Stormwater Management facilities, bicycle/pedestrian trail, entry features or monuments of
the subdivision, a Sanitary Pumping Station, ingress/egress and an~.ill~ry fencing as required by
the Town for the pumping station, any recreational fields, trees as shown on the Concept Plan
submitted herewith, and any necessary underground utilities.
11.
The applicant shall provide a 50-foot wide access easement in the rear of Lots 23, 24, 25, 32, and
33 as generally shown on the Concept Plan. The easement win be in a form submitted to the
Town Attorney for approval and said easement will be dedicated at time of recordation of the
subdivision plat approval. Said easement shall be for the purpose of providing an emergency
vehicular access connection between the end points of Pershing Avenue and Wilson Avenue to
be constructed by the Town at such time as the Town deems necessary. Applicant further agrees
that it will not seek through connections from either Pershing or W'dson Avenues.
12.
The applicant agrees to construct and dedicate an asphalt ingress and egress of 12 feet in width
to serve the pumping station from the ~.xi~dng pavement of Old Waterford Road as shown on the
Concept Plan subject to the standards of the Town of Leesburg and the Virg/niA Department of
Transportation. The easement will be in a form submitted to the Town Attorney for approval
and said easement win be dedicated at time of recordation of the subdivision plat.
13.
In order to preserve existing vegetation, trees and rock features, where feasible, the Town and
applicant agree that the development shall be in accordance with the attached Concept Plan and
the Tree Preservation Plan including two (2) foot topography and fifteen (15) to twenty-five (25)
percent slopes which shall be subject to review and approval of the Town Land Development
Official. Mature trees (18' diameter) and slopes in excess of fifteen percent may be removed or
modified only as necessary to accommodate site construction, access, utility service and creation
of usable lots and yards for proposed dwellings. Slopes in excess of 25 percent sh~ll be preserved.
14.
Stormwater management will be provided as specified in the Town Design and Construction
Standards Manual and in the Town's Stormwater Management Master Plan as generally shown
on the Concept Plan.
15.
In the case of potential wetlands, as designated by the Corps of Engineers or other entity with
oversight responsibility for Wetlands, applicant will obtain an necessary permits from said
agencies and provide an necessary applications and/or information to any such federal or state
agencies prior to disturbance of same. Further, applicant agrees to comply with an sections of
the Federal Clean Water Act concerning wetlands and shall furnish proof of compliance to the
Town Department of Engineering and Public Works prior to disturbance of such areas. The
applicant will establish a conservation easement, as depicted on the attached concept plan, to
prohibit future construct/on within said conservation easement. The conservation easement will
~main in i~ natural state excepting any utility or road ..... '--
the engineering phase of the subdivision. The easement will be in a form submitted to the Town
Attorney for approval and said easement win be dedicated at time of recordation of the
subdivision plat.
16.
The Applicant recognizes that an existing off-site fLinch sewer line, located between exi~ting
manhole number 230045 and existing monhole number 230046, may be inadequate to serve an
144 lots in the proposed subdivision. In the event that final engineering confirms the flinch line
to be inadequate, the applicant will re-route the necessary flow or replace the existing flinch line
4/23/91-4-
483
with a line of adequate size prior to issuance of the 79th zoning permit.
17.
If at the time of final plat approval any section(s) of the subdivision does not meet the fire flow
requirement of the ~rn~inia Department of Health and Town of Leesburg, the applicant agrees
to provide required water pressure by construction of a water booster pump or other acceptable
measure including but not limited to providing an 8-inch watermain connection from the
subdivision to the watermain stubs at Pershing and Wilson Avenues adjacent to the subdivision;
in the event that this item is deemed desirable by the Town, applicant shall complete the said
connection along with its normal construct/on phasing in the adjacent cul-de-sacs of the
subdivision roughly as shown on the attached Exhibit 'A'. The Town shall supply the Applicant
with any necessary easements.
18.
The applicant shall pay to the Town the sum of $100 per lot as a contribution for the benefit of
fire and rescue services serving the Town of Leesburg, all such funds to be used in the sole
discretion of the Town of Leesburg. Said funds shall be paid to the Town prior to and as a
condition of the Town's issuance of any zoning permit for each lot.
19.
20.
The applicant shall pay to the Town the sum of $250 per lot for the benefit of Ida Lee Park, all
such funds to be used in the sole discretion of the Town of Leesburg. Said funds shall be paid
to the Town prior to and as a condition of the Town's issuance of any zoning pernfit for each lot.
The applicant shall contribute to the Town of LeesburE, for uae by the Town to provide
transportation improvements to adjacent neighborhoods, the sum of $2,777.77 per lot. up to a
total of $400,000.00 for off-site traffic and road improvements, including but not limited to
Fairview Street. Pershing and Wilson Avenues, and off-site traffic control signals. Said funds
shall be paid to the town prior to and as a condition of the Town's issuance of any zoning permit
for each lot. In consideration thereof, the Town shall not require any further off-site txaffic
improvements, other than as set forth herein, in connection with the review and approval of any
subdivision plan generally in conformance with the Concept Plan submitted herewith. However,
in order to further preserve the scenic rural character of Old Waterford Road, the applicant shsll
provide no further improvements to Old Waterford Road. The applicant shAll~ in lieu of
improvements to Old Waterford Road and in addition to the 50-foot scenic setback shown on the
Concept Plan, dedicate to the Town, in fee simple and free of encumbrances, a parcel to total 25
feet in width as measured from centerline of existing pavement for right-of-way, along the entire
Old Waterford Road frontage of the property approximately, 1000 feet. The easement will be in
a form submitted to the Town Attorney for approval and said easement will be dedicated at time
of recordation of the subdivision plat.
21.
In order to eliminate potential house orientation problems on corner lots, where the rear of any
corner lot house is oriented toward a side yard, the applicant agrees to provide the 20-foot rear
yard setback in lieu of the required 10-foot setback on Lots 1, 11, 12, 20,21, 28,29,38,39, 46, 47,
48, 53, 61, 69, 101, 102, 105, 112, 116, 129, 130 and 144, as set forth on the approved Concept
Plan. The Restrictive Covenants referenced in Proffer number 22 will govern housing orientation
as referenced herein.
22.
When a final subdivision plat has been approved Applicant shall establish a Homeowner's
Association composed of all owners of residential lots on the property, with adequate insurance,
fiscal requirements and procedures with the responsibility to maintain all common grounds or
community facilities within the subdivision created under the Town's Subdivision and Land
Development Regulations. As required by the Zoning Ordinance of the Town of Leesburg, said
Association shall exist as a bona fide corporation at law required by covenants of record among
the land records of the County of Loudoun to assess annual dues from its members and
maintain said common grounds and facilities, including but not limited to, all those such items
as shown on the Concept Plan. Establishment of the Homeowners Assoc/ation, Declarations of
Covenants and Restrictions, and dedications pertaining to the Homeowners Association shall be
e-i~$, common open space areas will revert to the Town of Leesburg.
23.
The applicant agrees to incorporate the following architectural materials and or specifications into
the design of the homes: (a) fireplace chimneys shall be masonry or brick veneer, Co) no less
than 30 percent of the homes shall have front facades of brick, (c) no home shall have a front
facade constructed of aluminum siding, (d) roof materials shall consist of heavyweight textured
composite shingles, cedar shakes, metal or other natural msteriah, (e) each single-family home
shall have a minimum finished square footage of not less than 2200 square feet. These materials
and specifications will be included in the restrictive covenants referenced in Proffer number 22.
24.
Applicant a~knowledges that the final plat and construction drawings are subject to the terms
and conditions of the applicable subdivision and zoning ordinance as well as Town engineering
4/23/91-5-
484
and construction standards. Applicant also seknowledges that the Concept Plan approval does
not express or imply any waiver or modification of the requirements set forth except as
specifically c/tod by the motion for approval of this re~oning. Finally, Applicant aD. knowledges
that housing density may b~ decreased b~low the maximum approved ~f n~uy to provide, in
the general locations indicated, all public facilities and proffered items to the appropriate Town
25.
On the second and any subsequent anniversary dates following approval of #ZM-114 by the Town
of Leesburg all monetary contributions referenced in Proffer number 18, 19, and 20 shall be
adjusted, increased or decreased, in accordance with the Consumer Price Index (CPI).
SECTION II. This Ordinance shall be in effect upon its passage.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
6. b. Community Development Block Grant aoolication
Mr. Stephenson, addressed the Council presenting the staff report.
Mr. York stated that these projects require a considerable amount of msobours in order to administer
them to make sure that the project complies with the grant documents and that they meet all financial
requirements called for in the grant.
Mr. Pat Movnahan, representing the Loudoun Foundation for Adequate Housing, addressed the Council
providing a brief report and submitting a petition in support of LFAH.
Mayor Sevila stated that he would like to know how successful these kinds of projects are. He ~si~ed why
isn't the county making this application? Why isn't the county standing behind the obligation to
administer these funds? Why is the Town of Leesburg being asked once again to shoulder the burden
of providing affordable housing on a county-wide and regional basis without any nod or assistance from
the county. He stated there has to be a balanced approach. He stated that this is a piece-meal, heroic
effort.
Mr. Mo.ynahan stated that this application is a prerequisite for the community development block grant
monies to be used to create affordable housing in this effort. It is a mandate of being able to receive
allocation of funding. He stated that he would be happy to show e~mples on a nation-wide basis of
these projects that are very successful.
Mr. Lovin asked that this application be referred to committee for proper evaluation.
Mr. Bob Kimble, Vice President of Human Resources for Loudoun Health Care, addressed the Council
in support of affordable housing.
Mr. Chuck Thornton. General Manager of WAGE Radio, addressed the Council expressing his support
of affordable housing.
Mr. Webb expressed support of affordable housing.
The Mayor closed the public hearing.
MOTION
On motion of Mr. Lovin, s~--~ by Mr. C%m, +k;o ,~a++
and Zoning Committee meeting for further consideration.
VOTE
Aye: Councilmembers BaDge, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
_6:?. I.EESBUR,G VAULT. nO,UNDAR¥ !.INE VACATION
Mr. Arner addressed the Council presenting the staff report. Mr. Arner read a letter from Mr. Roger
Hough of J.T. Hirst & Co., Inc. Mr. Hough's letter is made a part of the official record.
4/23/91-6-
485
Mayor Sevila asked that staff analyze the traffic situation.
The Mayor closed the public hearing.
MOTION
On motion of Mr. Webb, seconded by Ms. Barite, t. his matter was referred to the May 7, 1991, Planning
and Zoning Committee meeting for further consideration.
VOTE
Aye: Councilmembers Barite, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
6. d. J & H AITCH~ON - BOUNDARY LINE VACATION
Ms. Weir addressed the Council presenting the staff report~
The Mayor dosed the public hearing.
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, action on this matter was deferred to 10. (c) of the
agenda.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
6. e. FY 1992-96 CAPITAL IMPROVEMENTS PROGRAM
Mr. Brown addreesed the Council presenting the executive summary and a slide presentation.
Mr. Terry. Titus, a resident of 805 Wage Drive, addressed the Council commenting on various projects
in the proposed CIP regarding:.
· revising/updating the 201 Study.
· proposed tax rate from .17 cents to .28 cents in five years.
· widening of South King/Country Club Drive - if widened increased high speed traffic will be
created.
· project number 14 and 22.
· encouraged the South King Street sidewalk - west side
· sidewalk replacement
· Route 7/15 bypass.
The Mayor dosed the public hearing.
MOTION
On motion of Mrs. Forester, seconded by Mr. Webb, action on this matter was referred to the May 7,
1991, Administration and Public Works agenda for further consideration.
VOTE
Nay: None
NEW BUSIN'F_.~
11,
MOTION
On motion of Mrs. Forester, seconded by Ms. Bange, this item was taken out of order.
VOTE
4/23/91 -7-
486
Nay:
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
MOTION
On motion of Mrs. Forester, seconded by Mr. Lovin, the following resolution was proposed and
unanimously adopted.
91-86 - RESOLUTION - AUTHORIZING A PUBLIC HEARING OF THE TOWN COUNCIL TO AMEND
THE LEESBURG ZONING ORDINANCE FOR INCLUSION OF AN AIRPORT
SAFETY OVERLAY DISTRICT, UNDER CHAFrER 11, TITLE 15.1-431 OF THE
1950 CODE OF VIRGINIA~ AS AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of a public hearing with the Town Council to consider amending the Leesburg Zoning
Ordinance to include an Airport Safety Overlay District shall be published in the Loudoun Times-Mirror
on May 8, 1991 and May 15, 1991 for the public hearing on May 28, 1991 pursuant to Section 15.1-431
of the 1950 Code of Virginia, as amended. The public hearing shall begin at 7:30 p.m., or as soon
thereafter as the matter may be reached, and shall be held in the Council Chambers, 25 West Market
Street. Leesburg, Virginia. The clerk shall publish notice of this hearing and the Council's intention to
consider this amendment to the Leesburg Zoning Ordinance.
VOTE
Nay:
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
COUNCILMEMBER COMMENTS
Mr. Webb had no comment~
Mr. Lovin had no comment.
Mr. Clem reminded everyone of the upcoming Flower and Garden Festival.
Mrs. Forester reported that the Planning Comm!~ion approved the subdivision plat for Dodona Manor.
Ms. Ban~e had no comment.
MAYOR'S REPORT
Mayor Sevila reminded everyone of the Arbor Day event scheduled on Saturday and Little League
opening day also on Saturday.
MANAGER'S REPORT
Mr. Brown briefly reviewed items in the Activity Report.
LEGISLATION
lO. (e)
MOTION
adopted.
91-0-15 - ORDINANCE - APPROVING VACATION OF BOUNDARY LINES ON LOTS 5-9, TAX MAP
48G, BLOCK 3. PARKER SUBDMSION (J&H AITCHESON, INC., PROPERTY)
WHEREAS, the Loudoun County tax records show four boundary lines separating lots 5-9; and
WHEREAS, the lots do not meet various requirements of the Leesburg Zoning Ordin~ce and
are classified as non-conforming, and
WHEREAS, the Leesburg Zoning Ordinance requires structures to be located on a single lot; and
4/23/91-8-
487
0
Z
WHERF. J~ the owner of these lots desires that the four boundary lines separating lots 5-9 be
vacated to create a single lot that conforms with the Leesburg Zoning Ordinance; and
WHEREAS, the Town Council held a public hearing on this application on April 23, 1991.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia ss follows:
Boundary Line Vacation Application ~91-02, authorizing the vacation of the boundary lines
separating lots 5-9, Loudoun County Tax Map 48G, Block 3, is hereby approved. The newly created
single parcel co_nS_,~s of 1.7195 acres ss shown on the plat of consolidation dated January 24, 1991,
prepared by Paciulli, Simmons and Associates, Ltd. for J&H Aitcheson, Inc.
VOTE
Aye: Councilmembers Bangs, Clem, Forester, FAmball, Lovin, Webb and Mayor Sevila
Na~ None
10. (st), (h), (1). (i). (k)
MOTION
On motion of Mr. Lovin, seconded by Mr. Webb, the following items were proposed ss consent and
unanimously adopted.
91-87 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR INSTA!,!.ATION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
BEAUREGARD ESTATES PHASE I
WHERF, a.S, the NP Corporation, the developers of Beauregard Estates Phase I, has not
completed all the required public improvements in accordance with the approved construction drawings
and town standards within the six month period agreed to in the contract for public improvements; and
WHEKEAS, the developer has requested a 60 day time extension to complete the public
improvements; and
WHEREAS, the letter of credit from Signet Book/Maryland, which guarantees the installation
of public improvements in Beauregard Estates Phase I, in the amount of $206,991.84 automatically
renews for additional one-year periods; and
WHEREAS, the Director of Engineering and Public Works has approved the amount of
$206,991.84 to guarantee installation of the remaining public improvements in Beauregard Estates Ph~
I.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Renewal of the letter of credit from Signet BonkfMaryland in the amount of $206,991.84 in a
form approved by the Town Attorney and a time extens/on of 60 days for the installation of public
improvements are hereby approved for Beauregard Estates Phase I.
91-88 - RE,SOLUTION - ACCEPTING PUBLIC IMPROVEMENTS, RET.EASING THE PERFORMANCE
GUARANTEE AND APPROVING A MAINTENANCE GUARANTEE FOR PUBLIC
IMPROVEMENTS AT CARDINAL INDUSTRIAL PARK LOTS 5 AND 6
WHEREAS, the Cardinal Park Joint Venture, the developer of Cardinal Industrial Park Lots 5
and 6, has completed the public improvements in accordance with the approved plans and town
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia ss follows:
SECTION I. The irrevocable letter of credit from Maryland National B~nk in the amount of
$245,000.00 is released, and a new surety in a form approved by the town attorney for a malnteos,ce
guarantee in the amount of $12,250.00 is approved, and shall be in effect for a period of one year from
SECTION II. This release is contingent upon delivery of a property executed instrument
conveying unto the town all such improvements and easements free of any liens or charges.
91-89 - RESOLUTION - AUTHORIZING A CHANGE ORDER FOR ADDITIONAL SERVI¢~ TQ ~
4/23/91-9-
488
CONTRACT WITH WTT,T,T~ H. GORDON ASSOCIATES FOR ENGINEERING
SERVICES TO DEVELOP A DESIGN AND CONSTRUCTION STANDARDS MANUAL
FOR THE TOWN OF LEESBURG
WHEREAS, in 1988, a consulting services contract was entered into by and between the Town
of Leesburg and William H. Gordon Associates of Reston, Virginia to prepare a Design and Construction
Standards Manual for adoption as part of the Town of Leesburg's Subdivision and Land Development
Regulations; and
WHEREAS, on March 13, 1990, the Town Council received comments from the public during
a public hearing concerning adoption of the Design and Construction Standards Manual; and
WHEREAS, the consultant and the Department of Engineering and Public Works met with
representatives of the design community on numerous occasions to review, discuss and evaluate the
Design and Construction Standards Manual; and
WHEREAS, the Consultant was directed to perform tasks which were beyond the scope of the
original contract; and
WHEREAS, the Consultant has requested a change order in the amount of $26,530.00 as
compensation for the extra work required for the completion of the Design and Construction Standards
Manual; and
WHE~, no appropriation is necessary since payment can be made from existing accounts.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Acting Town Manager is authorized to execute a change order to the contract with William
H. Gordon Associates in the amount of $26,530.00 for additional work required beyond the scope of the
original contract for development and preparation of a Design and Construction Standards Manual.
91-90 - RESOLUTION - AMENDING COUNCIL AGENDAS TO INCLUDE A PROCLAMATION
AND/OR CERTIFICATE OF APPRECIATION LINE
WHEREAS, proclamations and certificates of appreciation have in the past been presented during
the Mayor's Report; and
WHEREAS, recipients of proclamations or certificates of appreciation are often inconvenienced
by having to wait through the Petitioners, Public Hearings, and Councilmember Comments portion of
the agenda.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A separate item entitled Proclamations and/or Certificates of Appreciation is added to the Council
agenda between the Approval of Minutes and Petitioners.
91-91 - RESOLUTION - AUTHORIZING A PUBLIC HEARING OF THE TOWN COUNCIL FOR
REZONING APPLICATION #ZM-121 FOR LEESBURG CORNER BY LEESBURG
EAST II ASSOCIATES, UNDER CHAPTER 11, TITLE 15.1 OF THE 1950 CODE OF
VIRGINIA, AS AMENDED
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of a public hearing with the Town Council to consider rezoning application #ZM-121
by East 1I Associates shall be published in the Loudoun Times-Mirror on May 8, 1991 and May 15, 1991
~- ~'~" '~° ~' .................. i~,.i-431 u£ i,h~ .... Code of Virginia, as
amended. The public hearing shall begin at 7:30 p.m. or as soon thereafter as the matter may be
reached, and shall be held in the Council Chambers of the new municipal building, 25 West Market
Street, Leesburg, Virginia. The clerk shall publish notice of this hearing and the Council's intention to
consider the rezoning application.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
10. {d)
4/23/91-10-
489
MOTION
On motion of Mrs. Forester, seconded by Mr. Clem, the following ordinance was proposed and
unanimously adopted.
91-0-16 - ORDIN.ANCE - AMENDING SECTION 10-131 OF THE TOWN CODE
WHEREAS, an engineering and traffic investigation was conducted by the Town of Leesburg
which substantiates the need to temporarily lower the speed limit on the Route 15 Bypass in the
construction work zone for improvements located approximately between Edwards Ferry Road and Route
7.
THRREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Section I. Section 10-131 of th~ Town Code is amended to read as follows:
Sec.. 10-131. ~peed Limits
The m,,ximum speed limits on streets within town shall be 25 miles per hour, or as
prescribed in this section, and no person shall drive a motor vehicle in excess of such
mAxdmum limits. Upon the following streets within the town, between the points hereinafter
indicated, the mA-imum speed limit shall be the speed hereinafter indicated and no person
shall drive a motor vehicle between such points in excess of such maximum speed limit:
~, (1) King Street: 55 miles per hour from Balls Bluff Road to 500
feet north of the 1983 corporate limits.
(2)
King Street: 35 miles per hour from 500 feet north of the
1983 corporate limits.
(3)
King Street: 35 miles per hour from First Street to 300 feet
south of Country Club Drive.
(4)
King Street: 45 miles per hour from 300 feet south of
Country Club Drive to the south corporate limits.
(5)
Edwards Ferry Roach 35 miles per hour from Plaza Street
to the east corporate
(6)
Market Street: 55 miles per hour from the east corporate
limits to 320 feet east of Cardinal Park Drive.
(7)
Market Street: 45 miles per hour from 320 feet east of
Cardinal Park Drive to Route 15 bypass (north entrance).
(8)
Market Street: 35 miles per hour from Route 15 bypass (north
entrance) to 1000 feet east of Fort Evans Road.
(9)
(10)
Evergreen Mill Roa& 35 miles per hour.
Masons I~ne: 35 miles per hour from South King Street to
Evergreen Mill RoacL
(11)
Long Lane: 35 miles per hour from Evergreen Mill Road
to 1000 feet east of Evergreen Mill Road intersection.
02)
Long Lane: 45 miles per hour from 1000 feet east of
Evergreen Mill Road intersection to Sycolin Road.
(13)
(14)
Lawson Roach 35 miles per hour from Sycolin Road to 1200
feet east of Sycolin Road.
Sycolin Road: 45 miles per hour from the Route 15 bypass
to the south corporate limits.
(15)
(16)
_Route 7 bvoass: 55 miles per hour exclusive of access ramps.
Route 15 and Route 7 bypass: 55 miles per hour exclusive of
access ramp&
(17)
Route 15 bypass: 55 miles per hour from the north eorpor~t~
L~mits to 3.000 feet south of Battlefield Parkw~.y,
(18)
.Route 15 bypass: 45 miles per hour from 3000 feet south of
.Battlefield Parkway. to 2,000 feet north of Route 7, for the
term Aoril 29, 1991 through December 2. 1991.
(19) Route 15 bypass: 55 miles per hour from 2,000 feet north of
Route to the Route 15 and Route
490
SECTION II. The manager shall dearly indicated by markers or signs the maximum speed limits
established by this ordinance.
SECTION III. All prior ordinances and resolutions in conflict herewith are repealed.
SECTION IV. This ordinance shall be effective upon the placement of appropriate signs and
markers indicating the maximum speed limits established herein.
SECTION V. The Department of Engineering and Public Works should monitor the Route 15
bypass to determine if future speed limit changes are warranted.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
10. (e)
MOTION
On motion of Mr. Clem, seconded by Mr. Webb, the following resolution was proposed and u~snlmously
adopted.
91-92 - RESOLUTION - ESTABLISHING A POSITION ON COUNTY REDISTRICTING
WHEREAS, the Loudoun County Board of Supervisors is considering six county redistricting
proposals based on the results of the 1990 Census; and
WHERF,~, four of the proposals divide Leesburg among three magisterial districts, and two of
the proposals divide Leesburg between two districts; and
WHEREAS, currently Leesburg is divided between two districts, Dulles and Leesburg; and
WHEREAS, in recognition of Leesburg's united "community of interest," this Council desires that
Leesburg not be split into more than two districts and that both districts should be geographically located
to share a community of interest with the Town of Leesburg; and
WHEREAS, the Board of Supervisors will conduct a public hearing on the six redistricting
proposals on Thursday, May 2, at 7:30 p.m. in the board room:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Leesburg Town Council hereby requests the Loudoun County Board of
Supervisors to maintain the Town of Leesburg in not more than two county election districts.
SECTION Il. Acting Town Manager is hereby directed to present a copy of this resolution to the
Loudoun County Board of Supervisors at the May 2 public hearing so that it may be part of the public
record.
VOTE
Nay:
Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
None
10.
Mayor Sevila stated that he was reluctant to go forward with this endorsement unless there is some kind
of urgency.
MOTION
On motion of Mr. Clem, seconded by Mrs. Forester, this matter was referred to the May 7, 1991,
Planning and Zoning Committee meeting for further consideration.
VOTE
Aye: Councilmembers Bange, Clem, Forester, Kimball, Lovin, Webb and Mayor Sevila
Nay: None
4/23/91-12-
491
MOTION
On motion of Mr. Webb, seconded by Mr. Lovin, the meeting was adjourned at 11:20 p.m.
James E. Clem, Mayor
Clerk of Council
4/23/91