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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