HomeMy Public PortalAbout1991_06_11MINUTES OF THE REGULAR MEETING OF THE LEESBURG TOWN COUNCIL
JUNE 11, 1991
A regular meeting of the Leesburg Town Council was held in the Council Chambers, 25 West
Market Street, Leesburg, Virginia on June 11, 1991 at 7:30 p.m., Council having been in executive
session from 7:00 p.m., prior thereto. The meeting was called to order by the Mayor, with the
invocation given by Mr. Kimball and the Salute to the Flag led by Town Manager Steven C. Brown.
Present were Councilmembers James E. Clem, Christine M. Forester, Donald A. Kimball, William F.
Webb and Mayor Robert E. Sevila. Absent were Councilmembers Georgia W. Bange and Claxton E.
Lovin. Also present were: Town Manager Steven C. Brown, Director of Engineering and Public Works
Thomas A. Mason, Director of Finance Paul E. York, Planner Peter Stephenson, Deputy Town Attorney
Deborah Welsh and Deputy Clerk of Council Barbara Markland.
On motion of Mrs. Forester, seconded Mr. Clem, the minutes of the regular meeting of January
8, 1991, were approved as corrected by Mrs. Forester and the minutes of the regular meeting of May
14, 1991 and the special meeting minutes of April 20, 1991, April 23, 1991, April 30, 1991, May 5, 1991
and May 6, 1991, were approved as submitted.
Aye: Councilmembers Clem, Forester, Kimball, Webb and Mayor Sevila
Nay: None
Absent: Councilmembers Bange and Lovin
CERTIFICATE OF APPRECIATION
Mayor Sevila presented Mr. Frank Carney with a Certificate of Appreciation for serving on the
Leesburg Parks and Recreation Advisory Commission since its creation. Mr. Carney has been an
enthusiastic member of the commission.
Mr. Carney wished to share his certificate with Mr. Rust. Without his marvelous, generous
contribution this would not be possible.
Mayor Sevila stated that Mr. Rust passed away, at his home, on Sunday. Mr. Rust is a citizen
to whom we all owe an awful lot. A debt that can never be repaid but through the years and memory
of his generosity. Mr. Rust is the gentleman who gave the town a 138 acre farm that has become Ida
Lee Park. Mayor Sevila wished to send special thanks to Mr. and Mrs. Rust for their wonderful
generosity shown to this town by donating that land.
PETITIONERS
Ms. Tracy Anderson, a resident and employee in Leesburg, addressed the Council with regard
to the elimination of parking on Market and Loudoun Streets. She stated that coming out of the alley
onto Market and Loudoun there is a very serious visibility problem if there are cars parked on either
side of the street. She stated that she is in favor of eliminating the parking spaces to increase visibility
and promote safety.
Ms. Laura Heck, a resident of 335 Harrison Street and owner of Old Town Jewelers on Market
Street, addressed the Council with regard to the parking on Market Street. She requested that the
parking spaces remain on the streets. The speed limit could be lowered on Market Street or speed
bumps installed. The Mayor noted that VDOT prohibits the town from installing speed bumps on
public streets. Ms. Heck stated that a right hand turn only from the alley and the parking garage
would also be a solution.
Mr. Fabian Saeidi, a resident and business owner in Leesburg, addressed the Council. He
stated that in the past two years four of his employees have had accidents exiting the alley onto Market
Street and Loudoun Street. Leaving the parking spaces on Market and Loudoun Streets is dangerous
to the public. Mr. Saeidi is in favor of the removal of the parking spaces on Loudoun and Market
Streets.
Mr. Stanley Caulkins, a resident and business owner in l Jee,~burg, addressed the Council. He
stated that he is elated to see that the parking garage is coming to fruition. I-to stated that s~epping
from the garage onto the alley is very abrupt. Some type of warning or speed bumps should be
permitted in front of both of the stair cases on the east side of the garage to slow traffic. M~'. Brown
stated th~,t the town will ~aintain the alley and that speed bumps may b.~ possible.
~...U_B_L.!.C_~.AI~_:~I_NG_.' ~ke.cl,',al gx.ce_lLtipnAvnl.i_ca.tj.'pn #SE-91-01 by First. MoE,,!. (3live :_4aptist C!:urch
Mr. S~:lkl:~nscn ~tated that this -;s a proposal to expand the exi~:':.g parking 1o,. b:,~ thi~e~:
spaces. A sl~ec~al exception is r~quired for a.~.'-, exi~ansion of a place of wors,up within '[~,e ~I-.,D zoning
distriO. The Zoning Ordinamm requi~:s 44 spaces (br this church B2~ed on the cal:~.city. TLc church
currently provides 33 spaces. Overilow parki'.~g is provided on the a.:~.jacevt fire company s~te. The
propoaed expansion ~511 b:~la~ the tots] n. umber of spaces to 46. The er~.sting opruce ~'ree w~ll be saved.
Staff a, td the Planvivg Com:nission has recommended appr,)vsl with three conditions.
Minutes of June 11, 1991
The public hearing was closed.
On motion of Mr. Webb, seconded by Mr. Clem, the following ordinance was proposed and
unanimously adopted.
91-0-18 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION #SE-91-01 BY FIRST
MOUNT OLIVE BAPTIST CHURCH
WHEREAS, First Mount Olive Baptist Church, located at 216 Loudoun Street, S.W., has applied
for approval of a special exception to allow an expansion of a church site to be used as a parking lot;
and
WHEREAS, a special exception is required to allow expansion or enlargement of an existing
place of worship in the RH-D zoning district in accordance with Article 11 of the Leesburg Zoning
Ordinance; and
WHEREAS, on May 20, 1991 the Board of Architectural Review recommended the reduction
in the screening requirements along the northern and eastern property lines and the Land Development
Official approved the reduction on June 4, 1991; and
WHE~, on May 23, 1991 the Planning Commission recommended approval of Special
Exception #SE-91-01; and
WHEREAS, on June 11, 1991 the Town Council held a public hearing on this application; and
WHEREAS, the proposed use meets the general review criteria set forth in the Zoning
Ordinance:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Special Exception application #SE-91-01 is hereby approved With the following conditions:
1. The development is in general conformity with the attached concept plan.
2. The applicant will utilize the entrance shown on the Loudoun County Street
Improvements Plan, currently under construction.
The existing Norway spruce and white pine trees, as noted on the concept plan, will be
preserved to the greatest extent possible.
Aye: Councilmembers Clem, Forester, Kimball, Webb and Mayor Sevila
Nay: None
Absent: Councilmembers Bange and Lovin
COUNCILMEMBER COMMENTS
l~r. Webb stated that he and Ms. Bange attended Saturday's Listening Session. There was no
public attendance.
Mr. Webb recommended that more slide presentations be used in lieu of tri-pods so that the
public and Council will be able to see the presentations.
Mr. Clem stated that he attended Potomac Crossing Day on June 8, and it was a hugh success.
He wished to thank Mr. Carney for his support and contributions to the town's Parks and
Recreation Advisory Commission.
Mr. Kimball had no comment.
Mrs. Forester also wished to thank Mr. Carney.
She attended the Le.~rn to fly Day on Sunday at the airport. It was ay excellent opportunity
to tour the facility.
The Planning Commission will be changing their meeting time.~ to 7:30 p.m. to allow for an
hour and a half workshop.
MANAGER'S REPORT
Mr. Brown noted that the Council received a copy of the written Activity Report.
He reported on the town's team in the Corporate Challenge 91.
The parking facility grand opening is scheduled for June 22, 1991, 1:00 p.m.,~ and will be part
of the Leesburg Renaissance "Taste of Leesburg Food Festival."
Minutes of June 11, 1991
Mr. Brown wished to recognize Sergeant John Smith who made an apprehension during an
attempted robbery, downtown.
Mr. Brown attended the volunteer fire company and rescue squad banquet and Potomac
Crossing Day.
Mayor Sevila asked that Mr. Brown prepare a Resolution of Respect for Mr. Rust's family.
LEGISLATION
On motion of Mr. Clem, seconded by Mr. Kimball, the following ordinance and resolutions were
proposed as consent items and unanimously adopted.
91-0-19 - ORDINANCE - AMENDING THE TOWN CODE TO ESTABLISH PROCEDURES FOR
OPERATING THE TOWN'S DOWNTOWN PARKING FACILITY
WHEREAS, the town's new 371-space parking facility will open next month; and
WHEREAS, the town staff and the Ad Hoc Parking Committee have worked to create policies
and procedures for operating the parking complex; and
WHEREAS, Town Code amendments are required to establish fines, fees and enforcement
capability; and
WHEREAS, the town attorney has reviewed and concurred with the proposed amendments:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
The following Sections 10-181 through 10-195 are hereby added to the Leesburg Town Code
effective upon passage:
Section 10-181 Defined.
For the purpose of this division, the term "off-street parking facility" shall be taken to mean a
building constructed upon public land designated for the purpose of providing for parking of
automobiles.
Section 10-182 Authority of town manager to manage, control, operate, and maintain.
The town manager is hereby authorized to manage, control, operate and maintain the facility when
placed into service.
Section 10-183 Hours of Operation.
The town manager shall regulate the daily hours of operation. The facility shall be available for
free parking Saturday and Sunday or at other times so designated by Town Council.
Section 10-184 Designation of parking spaces.
The town manager shall cause so many spaces within the facility as he may deem proper for
monthly permit parking~ and other spaces for other than monthly parking.
Section 10-185 Establishment of designated parking spaces.
Parking spaces within the facility shall be designated for the following purposes.
(1) Town Business. The town manager shall designate a certain number of
spaces, not to exceed 10 spaces, as reserved for persons having business with
the Town provided the parking does not exceed 30 minutes.
(.2) Official Vehicles. The tow__~n manager may designate a certain number of
spaces, as reserved_for packi, g of town-~wned vehicl-s.
(3) Permit Parking. The town manager shall designate a certain number of
spaces, as reserved for persons holding valid long-term par_king permits. The
n__u_mber of permit spaces may fluctuate according to non-permit usage.
Section 10-186 Parking permitted o~ly in designated spaces.
No automobile shall be parked in the facility, exc_ep~ in a space designat~' or marked off as a
vehicle parking space, and no part of an automobile sha~_l occu,y more than one space. No automobile
shall be parked in a space designated for special pm-poses unless meeting' the requirement for such use.
Section 10-187 Parking fees for spaces rented on other than a mcnthly baSis.
O:~ Monday through Friday the fee shall be fifty cents ($0.50) for each hour or par~ thereof,
Minutes of June 11, 1991
provided, however, that the maximum charge for continuous parking for any period of time up to
twenty-four (24) hours shall not exceed four dollars ($4.00).
Section 10-188 Parking fees for spaces rented on a monthly basis.
The parking fees for spaces in the facility permitted on a monthly basis shall be forty, dollars
($40.00) per month for each space.
Section 10-189 Parking without paying fee.
It shall be unlawful for any person to park any vehicle, or cause, allow, or permit any vehicle to
be parked within the facility, without payment of the applicable parking fee prescribed in this division.
Section 10-190 Destruction of equipment.
It shall be unlawful for any person to deface, tamper with, damage, destroy, or impair the
usefulness of any equipment or fixtures erected on or affixed to the facility. Any person violating this
section shall be punished as if guilty of a class 1 misdemeanor, as defined in section 18.2-11 of the Code
of Virginia (1950), and as provided in Chapter 1, Section 1-13 of the Town Code.
Section 10-191 Speed and direction of vehicles.
No person shall drive a vehicle within the facility in excess of five (5) miles per hour, and no
person shall drive a vehicle in a direction except that which is designated.
Section 10-192 Non-motorized vehicles.
No person shall operate a non-motorized vehicle of any .type within the facility.
Section 10-193 Sale of stamps and use thereof for payment of parking fees.
The town manager is hereby authorized to implement a business validation oroeram by which a
participating business can reduce the parking fee for a customer by affixing a stamp, or stamps, each
having a face value of fifty cents ($0.50) to the parking ticket~ and to cause validation equipment and
supplies to be sold to persons or businesses participating in the validation program.
Section 10-194 Authority of town manager to temporarily waive fee or establish special
parking fees for holidays, special events, or heavy storm or catastrophe.
The town manager is hereby authorized to temporarily rescind the parking fees set forth for spaces
rented on other than a monthly basis in the event of a heavy snow storm or mRior catastrophic event
to facilitate the removal of snow or debris from town streets, and to establish alternative rates or waive
fees in the case of special events or special circumstances.
Section 10-195 Penalty for violation of this division.
Unless otherwise provided, any person, upon being convicted of violating any provision of this
division, or of aiding, abetting or assisting in the violation of any provision of this division, shall be
punishable by a fine of not less than $10.00 nor more than $50.00 for each offense, or by imprisonment
of not more than five days for each offense.
91-125 - RESOLUTION - AUTHORIZING AND DIRECTING THE TOWN MANAGER TO SUSPEND
PARKING FEES FOR THE NEW PARKING FACILITY UNTIL OCTOBER 1,
1991
WHEREAS, the town's new 371 space parking facility is scheduled to open on June 22, 1991; and
WHEREAS, town staff and the Ad hoc Citizen's Advisory Committee on Downtown Parking have
proposed a set of ordinances to regulate parking including fees to be charged to customers using the
facility; and
WHEREAS, the ad hoc citizen's committee recommends that the fees be suspended until an
evaluation of the usage of the facility can be comple~d ~.y October l, 19ql; and
WHEREAS, the period of free parking will be utilized as a promotional device to encourage usage
of the new facility; and
WHEREAS, town staff will evaluate the number of vehicles using the facility and will make
periodic reports on at least a monthly basis to Council throughout'the ..?~...; and
WHEREAS, Council will reevaluate the timeliness of instituting parking fees effective October 1,
1991.
THEREFORE, RESOLVED by the Council of the To~wn .of Leesburg in Virginia as follows:
The Town Manager is hereby authorized anti directed to suspend parking fees for the new parking
facility until October 1, 1991.
Minutes of June 11, 1991
91-126 - RESOLUTION - APPOINTING A COUNCILMANIC MEMBER TO THE LOUDOUN COUNTY
CONVENTION AND VISITOR'S BUREAU'S TRANSITION TEAM
WHEREAS, the Loudoun County Convention and Visitor's Bureau (CAVB) is organizing with
funding authorized by the Loudoun County Board of Supervisors and funding proposed by the Leesburg
Town Council; and
WHEREAS, representatives of the CAVB have made presentations during which they requested
town participation on their transition team; and
WHE~, Councilmember Claxton E. Lovin had expressed an interest in serving on the CAVB
to promote tourism in Leesburg;, and
WHEREAS, the town manager has also committed to assign a staff member to assist with the
efforts of the CAVB and to help ensure that Leesburg's interests are met.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Councilmember Claxton E. Lovin is hereby appointed to represent Town Council on
the Loudoun County Convention and Visitor's Bureau's transition team.
SECTION II. The town manager is authorized and directed to appoint a staff member to the
CAVB's transition team.
91-127 - RESOLUTION - TO ESTABLISH THE COMPOSITION OF A CITIZENS AD HOC
COMMITTEE TO EVALUATE AMENDMENTS TO THE SIGN ORDINANCE
WHEREAS, on December 12, 1990, the Council initiated proposed amendments to Article 10 (Sign
Regulations) of the Leesburg Zoning Ordinance; and
WHEREAS, the Planning Commission held a public hearing on these proposed amendments, and
on April 10, 1991 forwarded its recommendation to the Council for consideration; and
WHEREAS, on May 14, 1991, Council Resolution No. 91-104 established an ad hoc sign committee
to evaluate the proposed amendments to the sign regulations and to facilitate input from the Town
citizens to ensure the amendments will be in the best interest of the community:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in.Virginia as follows:
SECTION I. The committee shall evaluate the proposed amendments to the sign ordinance
recommended by the Planning Commission and report to the Council any additional recommendations
that may be appropriate. SECTION II. The committee will analyze the aesthetic values ensured by
the proposed regulations and provide a balance of the community's concerns to protect the appearance
of the Town, while meeting the business community's need for signage.
SECTION III. The committee shall consist of the following members: Stanley Caulkins, Elizabeth
Bles Hughes, John Spring, William Gilligan, James Shea, Dan Reeves, Mervin Jackson, Margaret Dietz
and John Rocca. Georgia Bange shall serve as the Town Council representative, and the Town Manager
will assign staff to assist in its efforts.
SECTION IV. The advisory committee is directed to report to Council by July 23, 1991, its
findings and recommendations to assist Council in amending the sign ordinance.
91-128 RESOLUTION - INITIATING AN AMENDMENT TO SECTION 13-75(c)(2) OF THE
LEESBURG SUBDMSION AND LAND DEVELOPMENT REGULATIONS AND
GRANTING A 90 DAY EXTENSION OF THE PLANNING COMMISSION REVIEW OF
SECTION 13-75(c)(2)((d)) OF THE LEESBURG SUBDMSION AND LAND
DEVELOPMENT REGULATIONS
WHEREAS, the Town of Leesburg seeks to promote common parking court designs that would not
create unneces~o' traffic flow problems, increased traffic safety risks, or inadequate fire protection; and
WHEREAS, the Town of Leesburg Town Council has previously initiated an amendment to Section
13-75(c)(2)((d)) to address those concerns; and
WHEREAS, upon further review of Section 13-75(c)(2) additional language not previously initiated
should to be changed to more effectively amend the comInon parking court regulations; and
WHEREAS, these additional chang~ will necessitate an extension of time for the Planning
Commission review of Section 13-75(c)(2)((d)):
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An amendment to Section 13-75(c)(2) of the Leesburg Subdivision and Land
Development Regulations to create additional criteria and standards, as well as amend some of the
Minutes of June 11, 1991
existing criteria and standards for use in evaluating requests for common parking courts including those
requiring special approval is initiated.
SECTION II. A request for a 90 day extension of the Planning Commission review and
recommendation of the amendment to Section 13-75(c)(2)((d)) is granted.
SECTION HI. This amendment is referred to the Planning Commission for a public hearing and
recommendation under Chapter 11, Title 15.1-431 of the Code of Virginia, as amended.
91-129 - RESOLUTION - AUTHORIZING A PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO ARTICLE 18 OF THE LEESBURG ZONING ORDINANCE TO REVISE THE
DEFINITION OF A BED AND BREAKFAST INN
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
A notice of public hearing to consider an amendment to Article 18 of the Leesburg Zoning
Ordinance to revise the definition of a Bed and Breakfast Inn shall be published in the Loudoun Times-
Mirror. The notice shall be published on July 3, 1991 and July 10, 1991 for public hearing on July
23, 1991 at 7:30 p.m. in the Council Chambers, 25 West Market Street, Leesburg, Virginia.
91-130 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION IN THE MANORS OF LEESBURG
SECTION 1 SUBDIVISION
WHE~, the town's Director of Engineering and Public Works has reviewed the public
improvements installed to date in the Manors of Leesburg Section 1 Subdivision and certified that the
value of work performed exceeds $862,160.00; and
WHE~, an irrevocable letter of credit from Signet Bank/Maryland in the amount of
$1,077,700.00 has been provided by the developer and approved by the Council to guarantee installation
of public improvements for the Manors of Leesburg Section 1 Subdivision.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The irrevocable letter of credit from Signet Bank/Maryland in the amount of
$1,077,700.00 is reduced to $215,540.00.
SECTION II. The Town Manager shall notify the developer that liability for the letter of credit
has been reduced as outlined in Section I of this resolution, and that this reduction does not constitute
acceptance of public improvements by the town or relieve the developer of responsibilities outlined in
the contract for public improvements for the Manors of Leesburg Section 1 Subdivision.
Aye: Councilmembers Clem, Forester, Kimball, Webb and Mayor Sevila
Nay: None
Absent: Councilmembers Bange and Lovin
Mr. Brown gave a staff report in lieu of reading proposed legislation 11 (c).
He stated that staff is recommending removal of the metered spaces on Loudoun and Market
Streets between Wirt and King Streets. The spaces on Wirt Street just north of Market Street be
reinstated as metered spaces and the spaces west of Wirt Street on Market Street be reinstated as
metered spaces which are currently loading zones.
Mr. Webb expressed concern with pedestrian access from the town office and garage to Wirt Street.
Mr. Clem stated that he did not see a need to eliminate the parking spaces on Loudoun Street
between the alley to King Street or the spaces in front of the log cabin. Presently there is no infill and
the line of sight is excellent. A lot of women are going to be concerned about using the parking garage.
During this interim we need to have metered parking on the streets whilc women become accustomed
to using the garage. The two metered parking spaces eas~ of the xlley on Market S~reet should also
remain. We need to eliminate some of the spaces for the line of sight but they should be minimized at
least through October until peop'e get aocus~me~ to usi,g the g~r~ge. We .-eed seme parking on Wirt
Street.
Mr. Webb agreed with Mr. Clem.
Mr. Brown stated that the alley is not the concern. What has happened is that the town has
created an additional condition. The ingress and egress of the parking garage creates sight distance
problems that have not existed before. We can try a temporary situation but staff is very
uncomfortable with recommending that any spaces along Market or Loudoun be retained.
There were some very lively discussions with regard to this matter during the ad hoc parking
committee meetings. Calvin Grow took the committee on a site demonstration and the commit:tee agreed
with Mr. Grow's recommendations.
Mayor Sevila asked that staff make some recommendations for parking on Wirt Street. He would
Minutes of June 11, 1991
also like to see some further consideration given to the proposed elimination of all parking on Loudoun
and Market Streets.
Mr. Kimball stated that it would be prudent for the town to get a firm position on the pedestrian
access from Wirt Street into the parking garage as to whether it is a public right-of-way or not. ff it is
not then negotiate with the landowner for an easement.
Mr. Grow gave a slide presentation of the areas under discussion.
Mr. Clem stated that removing the spaces on the streets sends a wrong message to the business
Community.
Mayor Sevila stated that the Council has the discretion to have metered parking along its streets
any way that it deems appropriate and safe. We should only eliminate the parking after careful and
deliberate consideration that we are absolutely convinced that it is the only way that acceptable safety
levels can be maintained at the entrances to this garage.
Mr. Kimball asked that Mr. Brown inform Mr. Kelly, chairman of the ad hoc parking garage, of
the Council's recommendations.
This item was referred to the June 18, 1991, Administration and Public Works Committee agenda
for further discussion and consideration.
Mr. Stephenson addressed the Council giving a brief ~aff report in lieu of reading proposed
legislation 11 (e). He stated that the applicant is not able to quantify, at this time, the exact dollar
amounts of future tax benefits. The applicant has summarized the primary benefits to the town.
A county public hearing on this matter is scheduled for June 26, 1991 at 7:30 p.m. The referral
comments were very much in line with town staff comments.
On motion of Mr. Clem, seconded by Mr. Webb, the following resolution was proposed and
unanimously adopted.
91-131 - RESOLUTION - ENDORSING STAFF COMMENTS FOR THE LOUDOUN COUNTY
REFERRAL APPLICATION SPEX-1991-0007 BY PATOWMACK POWER PARTNERS,
INC., (LONG LAKE/SIEMENS ELECTRICAL GENERATING FACILITY)
WHEREAS, town staff received a request for comments regarding the Long Lake/Siemens electrical
generating facility (Patowmack Power Partners, Inc.,) special exception and commission permit
applications from the County of Loudoun on March 25, 1991; and
WHEREAS, consistent with previous referrals, staff comments are provided for Town Council
review and endorsement; and
WHEREAS, the Town Council reserves the right to further comment on the Long Lake/Siemens
electrical generating facility proposal at the upcoming county public hearings.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Town Council hereby endorses the following technical staff comments and
reserves the right to further comment on the Loudoun County Referral Application SPEX-1991-0007
by Patowmack Power Partners, Inc., (Long Lake/Siemens electrical generating facility).
SECTION II. These referral comments are provided by the Department of Utilities, Department
of Engineering and Public Works, as well as the Department of Planning, Zoning and Development~
consistent with the conceptual nature of the plans provided. Detailed engineering review by the town
will be required prior to the construction of those public utilities serving the site which will be taken
into the town inventory.
Land Use
The oroposed nower facility location is generally consistent with the recommended land
use policies of the Leesburg Area Management Plan, and is adjacent to other industrial
and quarrying uses.
The Leegate Corp., N.V. property shown on Page 1 of 3 of the special exception plat should
be corrected to show the. zoning of this property to be PRN, Planned Residential
Neighborhood (Kincaid Forest) and not I-1, Industrial. As planned, there will be single-
family residential lots within approximately 1,800-feet of the proposed power facility, beyond
the 1,000-feet required to bring the noise level to the ambient noise levels of existing
conditions. However, the ground elevation of approx. 320 msl at the substation (stacks at
420 msl) is approximately equivalent to the ground elevation at the above referenced
Kincaid Forest PRN subdivision. The ground surface does not rise above approx. 310 msl
therefore 'qine of sight" will exist for noise transmission. The predicted noise level at
Ki~caid Forest should be determined, with mitigating measures provided if necessary.
Additionally, the visual impact upon this residential subdivision must be mitigated by the
Minutes of June 11, 1991
applicant as a condition of approval. Additional screening may be appropriate as a
condition of the special exception approval.
The W&OD Trail is less than the 1,000-feet required to bring the ambient noise levels of
existing conditions. The impact on the Northern Virginia Regional Park Authority lands
should be determined, with mitigating measures provided if necessary.
o
Water, sewer, and storm drainage have not been addressed on the special exception plat.
Extensive runs of piping will be required to provide water and sewer service to this site.
Sanitary Sewer
Subdivision plats previously submitted and reviewed indicate that sewage from this site
will require pumping if the sewer layout is to conform to that proposed with the LeeCenter
preliminary plat. All pump stations must be publicly maintained if they serve more than
one property.
Other options which have been discussed with the town were the possibility of obtaining
Loudoun County Health Department approval for a temporary pump and haul, septic
drainfield or construction of a small pumping station which will connect to the existing
forcemain from Goose Creek Golf Course discharging into the town's sewer system.
Water
Subdivision plats and development plans previously submitted and reviewed indicate that
without development of Twin Lakes Office Park, the LeeCenter Business Park, and the
Tuscarora Business Park, and the large diameter water lines proposed by these projects,
the provision of adequate water supply for fire protection to this site will not be possible
without significant expenditures by this developer.
°
The applicant is in the process of drilling wells for domestic use and looking into
alternatives for process water such as extending a waterline from the town's property at
the Public Works facility. One option presented to the applicant by the Utilities
Department was the possibility of using treated effluent from the town's Water Pollution
Control Facility. This is an option currently being considered by the town for pumping
the effluent to the Potomac River and ff implemented, the power plant could utilize this
water in their process.
Transportation
It is recommended that the right-of-way for Trailview Boulevard be dedicated at this time,
or that a legal instrument be entered into by the applicant to insure dedication at a future
date.
There should be a statement defining who will be responsible for the construction of the
four lane divided road section of Trallview Boulevard.
The applicant should be responsible for the construction of one half of the ultimate Cross
Trail Boulevard road section, which this site also fronts. If the road is not constructed at
this time the applicant should make clear how these road improvements will be provided.
Access for Fire and Rescue emergency vehicles will be along a 50-foot wide private access
easement. No road cross section or pavement design is shown to ensure adequate
horizontal alignment" vertical alignment, or pavement cross section for emergency access
to the site. Provisions for minimum standards of maintenance of this access should be
addressed in the special exception application.
The switch yard as shown conflicts with the Trailview Boulevard entrance location shown
on the latest preliminary plat for LeeCenter Business Park. Relocation of the entrance to
the location shown on the special exception plat will not meet the desirable crossover
spacing of 600-feet from Cross Trail Boulevard.
o
The location of the fuel tank and its protective berm conflicts with the common driveway
location shown for lots 17 and 18 on the preliminary plat.
Stormwater Management
No provision of stormwater management is provided on the special exception plat. The
preliminary plat indicates stormwater management on parcel 1-A adjacent to the W&OD
Trail.
Environment
The existing pond on parcel 1-A is shown on the National Wetlands Inventory Maps as a
wetland. The special exception plat does not indicate the impact upon this area.
Minutes of June 11, 1991
Mr. Kimball expressed concern with this project and its negative impact to prospective buyers
purchasing a home in this area. There should be a strong position taken, with the county, with regard
to the potential visual impact.
Ms. Maury Hummel, representing Long/Lake Siemens, addressed the Council. She stated that in
the breakdown between the assessment function being done centrally by the SCC under one form of
business org~ni~ation or locally by the local tax officials under another form of business organization -
is if it is done centrally at the SCC level, the fair market valuation is done by the SCC. They are
required, by law, to apply the real estate tax rate of the locality within which the facility is located. In
t~nis case it would be $.94 on $100.00 of valuation. If we assume a $100 million valuation for the
property the estimated tax revenue would be $940,000. This is assessed by the SCC, forwarded to the
locality and the locality collects the tax revenue.
If Long/Lake Siemens forms a partnership under Potowmack Power Partners, instead of a public
service corporation, they are taxed as any other private entity at the locality. This means their property
can be variously classified among real estate, machinery and tools and personal property. Each one of
those classifications applies a different rate. The lowest being real estate. At $.94 on $100.00 valuation,
machinery and tools is $2.75 on $100.00 valuation and personal property is $4.20 on $100.00 valuation.
If the county classifies all of the improvements on the property as real property the estimated tax
revenue is $940,000.
Long/Lake has proposed in its special exception application to be an independent power producer
and that is what the SCC views as a non-qualifying for public utility status.
Aye: Councilmembers Clem, Forester, Kimball, Webb and Mayor Sevila
Nay: None
Absent: Councilmembers Bange and Lovin
On motion of Mr. Webb, seconded by Mr. Clem, the following resolution was proposed and adopted.
91-132 - RESOLUTION ADOPTING THE FY 1992 FEE SCHEDULE FOR THE IDA LEE
RECREATION CENTER
WHEREAS, the Ida Lee Recreation Center has been operational for almost one full year; and
WHEREAS, each year the parks and recreation staff and Advisory Commission review the center's
fees; and
WHEREAS, the cost of the center's operation will be increasing in the next fiscal year; and
WHEREAS, Town Council has directed that 80% of the operational cost be recovered through fees;
and
WHEREAS, fee adjustments, including a single admission fee, lowering daily admissions, and
raising some pass and membership fees have been recommended by the Parks and Recreation
Department and the Advisory Commission to meet Town Council directives:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Town Council hereby adopts the fee schedule for fiscal year 1992 recommended by the
Administration and Public Works Committee at its June 4, 1991, meeting.
Mr. Huff'briefly.reviewed the changes in the fee schedule.
Mayor Sevila stated that he believes that the Advisory Commission and Mr. Huff have studied
carefully the negative impact of these increases. He asked that Mr. Huff keep the Council informed if
there is any response to the new fee schedule.
Mrs. Forester echoed the Mayor's concerns also asking that Mr. Huff keep the Council informed
on the effect of these increases. She is concerned with raising the fees, at. this time, with all the
renewals coming up and the outdoor facilities that may be drawing come of the members who won't
renew for the year.
Aye: Councilmembers Forester, Kimball, Webb and Mayor Sevila
Nay: Councilmember Clem
Absent: Councilmembers Bange and Lovin
NEW BUSINESS
On motion of Mrs. Forester, seconded by Mr. Clem, the following resolution was proposed and
unanimously adopted.
91-133 - RESOLUTION - APPOINTING BARBARA A. MARKLAND AS CLERK OF COUNCIL
WHEREAS, Dorothy Rosen retired as Leesburg's Clerk of Council effective June 1, 1991 after 28
years of service; and
Minutes of June 11, 1991
WHE~, Barbara Markland has been employed by the town for seven years and has served
as the Deputy Town Clerk for the past two years; and
WHEREAS, Barbara Markland's education and employment experience meet the requirements
for the position of Clerk of Council; and
WHEILEAS, Section 2-4.1 of the Charter of the Town Code of Leesburg authorizes the Council to
appoint and fix the compensation of the Clerk of Council.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Barbara Markland is hereby appointed to the position of Clerk of Council effective immediately at
a salary of $29,658.00.
Aye: Councilmembers Clem, Forester, Kimball, Webb and Mayor Sevila
Nay: None
Absent: Councilmembers Bange and Lovin
On motion of, and duly seconded, the meeting was adjourned at 10:50 p.m.
Clerk of Council
Robert E. Sevila, Mayor
Town of Leesburg