HomeMy Public PortalAbout1992_08_11225
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TOWN COUNCIL MEETING MINUTES OF AUGUST 11, 1992
A regular meeting of the Leesburg Town Council was held on August 11, 1992, at 7:30 p.m., in
the Council Chambers, 25 West Market Street, Leesburg, Virginia. The meeting was called to order by
the Mayor. ,
INVOCATION was given by Councilmember Georgia W. Bange.
SALUTE TO THE FLAG was led by Councilmember Ronald W. Blake.
ROLL CALL
Councilmembers present
George F. Atwell
Georgia W. Bange
Ronald W. Blake
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem
Staff members present
Town Manager Steven. C. Brown
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Zoning AdministraWr Scott Johnson
Planner Marilee Seigfried
Public Information Officer Susan Farmer
Town Attorney George Martin
Clerk of Council Barbara Messinger
APPROVAL OF MINUTES
MOTION
On motion of Mr. Webb, seconded by Mr. Blake, the special meeting minutes of July 14, 1992, July 21,
1992, and July 28, 1992, were approved as submitted.
voTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
CERTIFICATES OF APPRECIATION
Mayor Clem presented a certificate of appreciation to Ms. Karen Jones for her service on the Cable
Commission, and to Ms. Rose Garrett, Mr. Fred Hetzel, Sr., Mr. Fm,k Keplinger and Mr. Peter Gillwald
for their service on the EAC.
Mayor Clem also presented Mr. Richard Ramaley with a certificate of appredation for his retirement after
25 years of employment with the Town of Leesburg.
PETITIONERS
Mr. Jim Poland and Ms. Susan Gardner with Virginia Power addressed the Council presenting The Town
of Leesbur~ A Vireinia Community Profile.
Mr. Leland Mahan, representing Mr. Frenzel owner of 6 acres on Lawson Road, addreseed the Council.
Mr. Mahan stated that Mr. Frenzel is interested in a land lease residential development which involves
the erection of manufactured homes. Mr. Mahan's letter is attached and made a part of the offidal
record.
Ms. Umstattd asked Mr. Mahan how many homes would be erected? Mr. Mahan stated approximately
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Minutes of August 11, 1992
60 homes. -
This item has been scheduled for the September 1, 1992, Planning and Zoning Committee meeting
agenda.
Ms. Janet Perry., representing Positive Youth Works, addressed the Council with a Camp Bright Star
funding request. This request is attached and made a part of the official record.
This item has been scheduled for the September 10, 1992, Finance Committee for further consideration.
Mr. Hugh Harmon, representing the Conference and Visitors Bureau (CVB), addressed the Council
summarizing visitor counts for the past year. This information is attached and made a part of the official
record. He requested immediate release of town funds to the CVB.
This item has been scheduled for the September 10, 1992, Finance Committee for further consideration.
Mr. John Foot, representing the Loudoun County Rescue Squad, addressed the Council requesting
approval to erect four temporary banners advertising the Public Safety Fair.
This matter will be further discussed during agenda item 11 (f).
Ms. Patti Snodgrass, Executive Director of Leesburg Renaissance Incorporated (LRI), addressed the
Council reporting on the progress of the advertising program and presenting the advertisement and
brochure. She requested comments and/or approval from the Council.
Ms. Umstattd commented that there were no dates on the Calendar of Events and that the print was too
small. She asked that the brochure be made as user friendly as possible.
This matter will be further discussed during the New Business portion of the agenda.
Mr. John Pickerello, Manager of Architecture for the Giant Foods, Inc., addressed the Council requesting
additional signage.
This item has been scheduled for the September 1, 1992, Planning and Zoning Committee meeting
agenda.
PUBLIC HEARING to consider the vacation of lot lines in the Fairview Subdivision
Ms. Seigfried addressed the Council providing the staff repo~.
Mr. Har .fy David Saunders, a resident of Pershing Avenue, addressed the Council stating that he will be
building a house on what is now three lots. He requested further explanation of the vacation of lot lines.
Staff asked that Mr. Saunders come in to further discuss this matter with staff.
11.
MOTION
On motion of Ms. Umstattd, seconded by Ms. Bange, the following ordinance was proposed and
unanimously adopted.
92-0-30 - ORDINANCE - APPROVING VACATION OF BOUNDARY LINES ON LOTS 26-30, TAX MAP
48C((1)), BLOCK C, FAIRVIEW SUBDIVISION
VgHEREAS, there are currently two residences constructed over the property boundaries of five
lots in the Fairview subdivision; and
WHEREAS, the lots do not meet various requirements of the Leesburg Zoning Ordinance and
are classified as non-conforming, and
WHEREAS, Shirley F. Crosen and Charlene F. Rogers, owners of lots 26-30, desire to locate the
two existing structures on individual lots that more closely satisfy zoning ordinance regulations; and
WHE~, the Town Council held a public hearing on this application on August 11, 1992:
227
Minutes of August 11, 1992
THEREFORE, ORDAnVED by the Council of the Town of Leesburg in Virginia as follows:
Boundary line vacation application #92-01, authorizing the vacation of boundary lines separating
lots 26:30, Loudoun County Tax Map 48C((1)) Block C is hereby approved as shown on the plat of
consolidation prepared by Ken W. Erickson dated June 3, 1992.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
COUNCILMEMBER COMMENTS
Mr. Webb made no comment.
Mr. Blake made no comment.
Ms. Umstattd stated that Leesburg Today has increased the size of its letter type and has made it easy
for her to read it.
She expressed her gratitude to the Washington Gas Light Company for paying the special event fee of
$948.00 on behalf of the NVBIA.
Ms. Umstattd made the following statement.
"Monday morning I spent three hours going through the checkbooks and deposit records and ledgers of
Leesburg Renaissance and I would like to report to the Council on that. What I found was I believe
sloppy bookkeeping and that may explain a lot of the problems I have. But my first concern is that
thousands of dollars worth of business of Leesburg Renaissance has been given to the businesses owned
by various board members of Leesburg Renaissance. Secondly, hundreds of dollars have been paid out
either in cash or by check to various board members in the names of the board members. In one
instance $800.00 in cash was given to one of the board members. There is no record of what it was for
and there is no record of whether the funds were ever returned. Hundreds of dollars worth of checks
have been paid to individual businessmen with no record why. I believe there is nothing crooked going
on but because of the sloppy bookkeeping it is hard to tell what is going on with renaissance's books."
"F~.r~.. ~ermore, because contributions from the town to Renaissance have been lumped in with other
people's contributions in the ledger book it is difficult to tell if town contributions which are SUlJposed
to be matching funds have in fact been double-counted for that purpose. Again, I am not saying that is
what has happened but because of the nature of the bookkeeping that is possible and it is very difficult
to verify whether or not that has occurred."
"There have been late payments by Renaissance resulting in accrued interest. There was one late
payment to the IRS at the end of 1991, which resulted in a penalty of over $200.00 that had to be paid
by Renaissance to the IRS. This Council has been assured that no payments were made to Renaissance
since July 1st. Actually, this town has made four separate payments to Renaissance between July 1st
and the 10th of August. The largest of those was a town contribution of $2,600.00 which was paid the
6th of July. There was a further contribution of over $5,000.00 which was paid the 10th of August to
Renaissance."
"I think the people on the board of Renaissance have been trying to do a good job but something is wrong
with either the bookkeeping or the way of doing business. I have been approached by other businessmen
in the town who have informed me that they did not join Renaissance because they felt all of
Renaissance's business was being tied up among the board members."
"I think we need to look at any conflicts that may er. ist on the board of Renaissance with the business
being solicited and as I think as everyone here is aware I have been opposed to further funding for
Renaissance until we have cleaned up some of these areas."
Mr. Trocino stated that the first meeting of the Loudoun County complex committee met today. The
committee expressed the desire to work with the county board of supervisors and to encourage the county
to remain within the historic district.
He attended the VML conference for newly elected officials and stated that the highlight of the conference
228
Minutes of August 11, 1992
was the presentation presented by Pubhc Information Officer Susan Farmer.
Mr. Atwell had no commenK
Ms. Banget. hanked Virginia Power for presenting the brochure to the town.
She reminded everyone that Ida Lee Park will be closed during the last two weeks in August.
MAYOR'S REPORT
Mr. Clem echoed Ms. Bange's comments with regard to the profile of the town presented by Virginia
Power.
He thanked Washington Gas for paying the special event fee for the NVBIA 10K rac~.
He met with fourteen year-old Hirohisa Okazaki, a resident of Fukuyama City in Hiroshima Japan, who
has been staying in Leesburg as an exchange student. A letter from the office of the Mayor Fukuyama
was read and is made a part of the official record.
The Council appointed an ad hoc committee to explore and ex~mine the crime situation in Leesburg.
The findings of this committee will be made public. He stated that the town has an excellent police
department.
Mr. Clem thanked Mr. Stewart Lewis for the pictures that he took during this year's Antique Car Show.
He asked that staff look into a joint effort with Loudoun County Sheriff's department to receive available
grant funds that would be used in connection with drug abuse prevention. He asked that staff contact
Mr. McCraken with the Sheriff's department.
Mr. Brown left the meeting at 8:50 p.m. Director of Engineering and Public Works Thomas A. Mason
took Mr. Brown's place.
MANAGER'S REPORT
Mr. Mason stated that the town will miss long-time employee, Dick Ramaley. Mr. l~__maley has been a
valuable and loyal employee.
11. (a}
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following ordinance was proposed and unanimously
adopted.
92-0-31 - ORDINANCE - AMENDING CHAPTER 19, ARTICLE I, SECTION 19-1 OF THE TOWN
CODE
WHEREAS, Chapter 19, Article I, requires connection to the town's water system when a new
building is constructed; and
WHE~, the Council desires to amend the Town Code to accommodate the use of adequate
private water supply for additions to existing structures.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Chapter 19, Article I, Section 19-1(c) of the Town Code, is hereby amended to read
as follows:
See. 19-1. Adequate supply required for buildings.
(c) Connection to the town water supply is required in the following instances:
(1) Any time an existing private water supply system fails health department
or Fire Marshal requirements and the town water system abuts the
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Minutes of August 11, 1992
(2)
parcel of property;
Any new building constructed on an existing lot of record, unless a
private water lateral of 200 feet or greater would be required. This
requirement does not apply to a building addition of 1800 square feet or
les~; a~d
(3) Any new residences constructed within subdivisions created after
February 1, 1987, with lot sizes of less than five acres.
SECTION II.
DISCUSSION
This ordinance shall become effective immediately upon its passage.
Mr. Trocino explained that the purpose of this amendment is to give the town flexibility in unusual cases
to make modifications.
VOTE
Aye:
Nay:
11. it)
MOTION
On motion of Mr. Webb,
unanimously adopted.
92-0-32 ORDINANCE
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
seconded by Mr. Trocino, the following ordinance was proposed and
APPROVING SPECIAL EXCEPTION APPLICATION #SE-92-04 BY
SEVENTH DAY ADVENTIST CHURCH
WHEREAS, Seventh Day Adventist Church, located at 712 Dry Mill Road S.W., has applied for
approval of a special exception to permit the expansion of an existing place of worship; and
WHEREAS, a special exception is required to allow expansion or enlargement of an existing place
of worship in the R-4 zoning district in accordance with Article 11 of the Leesburg Zoning Ordinance;
and
WHEREAS, on July 9, 1992, the Planning Commission recommended conditional approval of
special exception application #SE-92-04; and
WHEREAS, on July 14, 1992, the Town Council held a public hearing on this application; and
WHEREAS, the Town Council has amended Chapter 19, Article I, Section 19-1(c)(2) of the Town
Code to exempt building additions of 1800 square feet or less from connecting to the town water supply
provided that an adequate water supply as defined by the Town Code is provided and approval by the
Loudoun County fire marshal is obtained; 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-92-04 is hereby approved with the following conditions:
That the development is in general conformance with the attached concept plan prepared
by Delashmutt Associates and received by the town on May 28, 1992, which includes a
total of 30 paved on-site parking spaces meeting town parking lot requirements.
That the landscaping is in general conformance with the landscape plan prepared by
Ginny Waddell, dated July 14, 1992 and revised July 27, 1992.
That the grading and drainage plan is approved by the Department of Engineering and
Public Works.
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Minutes of August 11, 1992
Tl~at a meter is installed by the applicant on the well as a means to monitor sewer usage
fees.
That prior to the installation of any additional outdoor lighting, a lighting plan will be
submitted to the Department of Planning, Zoning and Development for review and
approval.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
11. (d)
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following ordinance was proposed and unanimously
adopted.
92-0-33 - ORDINANCE - AMENDING THE LEESBURG ZONING ORDINANCE TO ESTABLISH AN
AIRPORT SAFETY OVERLAY DISTRICT
WHE~, Title 15.1-491.02 of the 1950 Code of Virginia, as amended requires the governing
body of local municipalities in whose jurisdiction a licensed airport is located, to adopt by July 1, 1991
an ordinance which regulates the height of structures and natural growth for the purpose of protecting
the safety of air navigation; and
WHEREAS, the Planning Commission recommended to the Town Council adoption of this
ordinance on January 10, 1991; and
WHEREAS, the Town Council held a public hearing regarding this amendment on July 28, 1992;
and
WHEREAS, the Town of Leesburg derives economic development and enhanced interstate
commerce from the Leesburg Municipal Airport; and
WHEREAS, the concern for the health, safety and welfare of the public dictates that the Leesburg
Municipal Airport be protected by the highest possible safety standards:
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Article 5 of the Leesburg Zoning Ordinance is hereby amended to include the
following new section of ordinance:
SECTION 5D - AIRPORT SAFETY OVERLAY DISTRICT
Section 5D-1. PURPOSE AND INTENT
The purpose of the Airport Safety Overlay District is to regulate and restrict the height of structures,
objects or natural growth, and otherwise regulate the use of property in the vicinity of the Leesburg
Municipal Airport by creating the appropriate zones and establishing the boundaries thereof; providing
for changes in the restrictions and boundaries of such zones; defining certain terms used herein; providing
for enforcement; and imposing penalties. Accordingly, it is declared:
(1)
(2)
(3)
That in the interest of the public health, safety, and general welfare, prevention
of obstructions that are hazards to air navigation is necessary;
That the creation or establishment of an obstruction has the potential for being
a public nuisance and may injure the area served by the airport;
That the Town of Leesburg derives economic development and enhanced
interstate commerce from the Leesburg Municipal Airport which are held strictly
to the highest possible safety standards; and
Section 5D-2 APPLICABILITY
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Minutes of August 11, 1992
This Article shall apply to all zones designated on the Airport Safety District Map within the Corporate
limits of the Town of Leesburg where it is found that obstructions as defined by this Article have the
potential for endangering the li~es and property of users of the airport and residents in the Town of
Leesburg;, and that an obstruction may impact the areas available for landing, takeoff, and maneuvering
of aircraft, thus impairing the safety and utility of the airport and adversely affecting the substantial
public investment in the airport.
Section 5D-3 DEFINITIONS
As used in this ordinance, the following terms shall have the moanings respectively ascribed to them,
unless the context cloarly requires otherwise:
(1)
"Administrator": The official charged with enforcement of this ordinance. He or
she shall be the Town of Leesburg's Zoning Administrator.
(2) "Airport": Leesburg Municipal Airport.
(3)
"Airport Elevation": The highest point on any usable landing surface expressed in feet
above mean soa level.
(4)
'Approach Surface": A surface longitudinally centered on the extended runway
centerline, extending outward and upward from the end of the primary surface, and at
the same slope as the approach zone height limitation slope set forth in Section 5D-5.
In plan, the perimeter of the approach surface coincides with the perimeter of the
approach zone.
(5)
"Approach, transitional, horizontal, and conical zones": The airspace zones as set forth
in Section 5D-4 of this ordinance.
(6)
"Board of Zoning Appeals": Refers to the Board of Zoning Appeals of the Town of
Leesburg.
(7)
"Conical Surface": A surface extending horizontally twenty feet for every foot
vertically from the periphery of the horizontal surface.
(8)
"Hazard to Air Navigation": An obstruction determined by the Virginia Department of
Aviation or the Federal Aviation Administration to have substantial adverse effect on the
safe and efficient utilization of navigable airspace in the Commonwealth.
(9)
'Height": For the purpose of determining the height limits in all zones set forth
in this ordinance and shown on the Airport Safety District Map, the datum shall
be mean soa level (M.S.L.) elevation unless otherwise specified.
(10)
"Horizontal Surface": A horizontal plane 150 feet above the established airport elevation,
the perimeter of which in plan coincides with the perimeter of the horizontal zone.
(11)
"Leesburg Airport Commission": An advisory commission appointed by the Leesburg
Town Council whose responsibilities include, but is not limited to land acquisition,
construction, improvement, maintenance and operation of the Leesburg Municipal
Airport.
(12)
"Nonconforming Use": Any existing or new structure, or object of natural growth which
is inconsistent with the provisions of this ordinance or any amendment to this ordinance.
(13)
"Obstruction": Any structure, growth, or other object, including a mobile object,
which exceeds a limiting height, or penetrates any surface or zone floor, set forth
in Section 5D-5.
(14)
"Person": Any individual, firm, partnership, corporation, company, association, joint stock
association, or governmental entity. The term includes a trustee, a receiver, an assignee,
or a similar representative of any of them.
(15)
"Primary Surface": A surface, with a specified width as provided in Section 5D-4,
longitudinally centered on a runway. When the runway has a specifically
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Minutes of August 11, 1992
prepared hard surface, the primary surface extends 200 feet beyond each end of
that runway. The elevation of any point on the primary surface is the same as
the elevation of ~the nearest point on the runway centerline.
(16)
(17)
"Runway": A specified area on an airport prepared for landing and takeoff of aircrafh
"Structure": Any object, including a mobile object, constructed or installed by any person,
including but not limited to buildings, towers, cranes, smokestacks, earth formations,
towers, poles and electric lines of overhead transmission routes, flag poles, and ship
(18)
"Transitional Surfaces": Surfaces which extend outward perpendicular to the
runway centerline extended at a slope of seven feet horizontally for each foot
vertically from the sides of the primary and approach surfaces to where they
intersect the horizontal and conical surfaces.
(19) '~,regetation": Any object of natural and/or planted growth.
(20)
"Zone": All areas provided for in Section 5D-4, generally described in three dimensions
by reference to ground elevation, vertical distances from the ground elevation, horizontal
distances from the runway centerline and the primary and horizontal surfaces, with the
zone floor set a specific vertical limits by the surfaces found in Section 5D-5.
(21)
"Zoning Permit": A document issued by Town of Leesburg allowing an activity
which may result in structures or vegetation which exceed the height limitations
provided for in this ordinance.
Section 5D-4. AIRPORT SAFETY ZONES
In order to implement the provisions of this ordinance, certain zones are established which include the
area and airspace of the Town of Leesburg lying equal to and above the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply to Leesburg Municipal Airport. These
zones are established as overlay zones, superimposed over the existing zoning districts, being more
specifically zones of airspace that do not affect the uses and activities of the zoning district except as
provided for in Section 5D-6. An area located in more than one of the following zones is considered to
be only in the zone with the most restrictive height limitation. These zones are as follows:
(1)
"Airport Zone": A zone that is centered about the runway and primary surface,
with the floor set by the horizontal surface.
(2)
"Approach Zone": A zone that extends away from the runway ends along the extended
runway centerline, with the floor set by the approach surfaces.
(3)
"Transitional Zone": A zone that fans away perpendicular to the runway centerline and
approach surfaces, with the floor set by the transitional surfaces.
(4)
"Conical Zone": A zone that circles around the periphery of and outward from
the horizontal surface, with the floor set by the conical surface.
Section 5D-5.
(1)
AIRPORT SAFETY ZONE HEIGHT LIMITATIONS
Except as otherwise provided in this ordinance, in any zone created by this
ordinance no structure shall be erected, altered, or maintained, and no vegetation
shall be allowed to grow to a height so as to penetrate any referenced surface,
known as the floor, of any zone provided for in Section 5D-4 at any point.
(2)
The specific geometric standards, height restrictions, or floors, for the individual zones
shall be those planes delineated as surfaces in Part 77.25, Subchapter E (Airspace), of
Title 14 of the Code of Federal Regulations, or in successor federal regulations. The
official map which depicts the Airport Safety Zones height restrictions shall be
maintained by the administrator.
Section 5D-6 USE RESTRICTIONS
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Minutes of August 11, 1992
Notwithstanding ~ny other provisions of this ordinance, and within the area below the horizontal limite
of any zone established by this ordinance, no use may be made of land or water in such a manner as to:
(1)
(2)
(3)
(4)
(5)
(6)
Create electrical interference with navigational signals or radio communication
between the airport and airborne aircraft;
Diminish the ability of pilots to distinguish between airport lights and other lights;
Result in glare in the eyes of pilots using the airport;
Impair visibility in the vicinity of the airport;
Create the potential for bird strike hazards; or
Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering
of aircraft intending to use the airport.
Section 5D-7. NONCONFORMING USES
(1)
Except as provided in Section 5D-7(2), the regulations prescribed by this ordinance shall
not require the removal, lowering, or other change or alteration of any structure or
vegetation not conforming to the regulations as of the effective date of t_his ordinance, or
otherwise interfere with the continuance of a nonconforming use. Nothing contained in
this ordinance shall require the removal, lowering, or other change or alteration of any
structure which construction was begun prior to the effective date of this ordinance, and
is in the process of being diligently pursued toward completion.
(2)
Notwithstanding the provision Section 5D-7(1), the owner of any existing nonconforming
structure or vegetation is hereby required to permit the installation, operation, and
maintenance thereon of whatever markers and lights deemed necessary by the Federal
Aviation Administration, the Virginia Department of Aviation, the Leesburg Airport
Commission, or the administrator to indicate to operators of aircraft the presence of that
airport obstruction. These markers and lights shall be instaned, operated, and
maintained at the expense of the airport owners, and not the owner of the
nonconforming structure in question.
Section 5D-8.
(1)
ZONING PERMITS
Except as provided in Sections 5D-8(1), 5D-8(2), and 5D-8(3), no structure shall
be erected or otherwise established in any zone created by this ordinance unless
a zoning permit issued by the administrator shall have been applied for and
granted. Each application for a zoning permit shall indicate the purpose for
which desired, and provide sufficient geometric specificity to determine if the
structure will conform to the regulations prescribed in this ordinance. No zoning
permit for a structure inconsistent with this ordinance shall be granted unless
a variance has been approved as provided in Section 5D-8(4).
(2)
No zoning permit shall be granted that would allow the establishment or creation of an
obstruction or permit a nonconforming use or structure to become a greater hazard to
air navigation than it was on the effective date of this ordinance or any amendments
thereto other than with relief as provided for in Section 5D-8(4).
(3)
Whenever the administrator determines that a nonconforming structure has been
abandoned or more than fifty percent destroyed, physically deteriorated, or decayed, no
zoning permit shall be granted that would enable such structure to be rebuilt,
reconstructed, or otherwise refurbished so as to exceed the applicable height limit or
otherwise deviate from the zoning regulations contained in this ordinance, except with
the relief as provided for in Section 5D-8(4).
(4)
Any person desiring to erect or increase the height or size of any structure not in
conformance with the regulations of this ordinance may apply for a variance from the
Board of Zoning Appeals if accompanied with a recommendation from the Leesburg
Airport Commission. The Commission shall consider the effect of the proposal on the
operation of air navigation facilities, and determine whether the safe and efficient use of
navigable airspace is impeded. Such variances shall only be allowed where it is duly
found that a literal application or enforcement of the regulations will result in
unnecessary hardship and relief granted will not be contrary to the public interest, will
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Minutes of August 11, 1992
not;create a hazard to air navigation, will do substantial justice, and will be in accordance
with the spirit of this ordinance. The issuance of zoning permits by the administrator
may be subject/o a final determination from the Virginia Department of Aviation that
the safety of the airport is not impaired.
(5)
Any zoning permit or variance granted may, if such action is deemed advisable to
effectuate the purpose of this ordinance and be reasonable in the circumstances, be so
conditioned as to require the owner of the structure in question to install, operate, and
maintain, at the owner's expense, such markings and lights as may be deemed necessary
by the Federal Aviation Administration, the Virginia Department of Aviation, Leesburg
Airport Commission, or the administrator. If deemed proper with reasonable cause by
the Board of Zoning Appeals, this condition may be modified to require the owner of the
structure in question, to permit the airport owner, at his own expense to install, operate,
and maintain the necessary markings and lights.
Section 5D-9. ENFORCEMENT
The administrator shall enforce the regulations prescribed in this ordinance and be vested with the police
power incumbent to carry out and effectuate this ordinance, including the action of injunction,
prosecution and other available means through the appropriate Circuit Court. Applications for zoning
permits and variances shall be made to the administrator on a form provided for that purpose.
Section 5D-10. APPEALS
Any person aggrieved, or any officer, department, board, or bureau affected by a decision of the
administrator may appeal such decision to the Board of Zoning Appeals.
Section 5D-11. JUDICIAL REVIEW
Any person aggrieved or any taxpayer adversely affected by any decision of the Board of Zoning Appeals
may appeal the decision to the appropriate Circuit Court.
Section 5D-12. PENALTIES
Each violation of this ordinance or of any regulation, order, or ruling promulgated under this ordinance
shall constitute a misdemeanor and be punishable by a fine of no more than five hundred dollars. Each
day on which a violation occurs shall constitute a separate offense.
Section 5D-13. CONFLICTING REGULATIONS
Where there exists a conflict between any of the regulations or limitations prescribed in this ordinance
and any other regulations applicable to the same subject, where the conflict is with respect to the height
of structures or vegetation and the use of land, or any other matter, the more stringent limitation or
requirement shall govern.
Section 5D-14. SEVERABILITY
Should any portion or provision of this ordinance be held by any court to be unconstitutional or invalid,
that decision shall not affect the validity of the ordinance as a whole, or any part of the ordinance other
than the part held to be unconstitutional or invalid.
SECTION II. All prior ordinances in conflict herewith are hereby repealed.
SECTION HI. Severability. If any provision of this ordinance is declared invalid by a court of
competent jurisdiction, the decision shall not affect the validity of the ordinance as a whole or any
remaining provisions of the zoning ordinance.
SECTION IV. This ordinance shall be in effect upon its passage.
VOTE
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
11.
This resolution was referred to the September 1, 1992, Administration and Public Works Committee
235
Minutes of August 11, 1992
meeting for further'consideration and discussion.
ll. (0
MOTION
On motion of Ms. Bange, seconded by Mr. Webb, the following resolution was proposed and unanimously
adopted.
92-155 - RESOLUTION - AUTHORIZING THE TEMPORARY CLOSING OF STREETS FOR THE
LOUDOUN COUNTY FIRE & RESCUE PUBLIC SAFETY FAIR PARADE ON
SATURDAY, SEPTEMBER 19, 1992
WHEREAS, the Leesburg Volunteer Fire Company and Loudoun County Volunteer Rescue Squad
are sponsoring Leesburg Public Safety Fair '92 from Friday, September 18, 1992, to Sunday, September
20, 1992, at Ida Lee Park; and
WHEREAS, the fair is planned to include a parade of fire and rescue vehicles on Saturday,
September 19; and
WHEREAS, the parade will begin at 10:00 a.m. at Loudoun County High School, proceeding on
Catoctin Circle to King Street, north on King Street to Ida Lee Park; and
WHE~, the parade requires Council authorization to temporarily close streets along the
parade route.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Catoctin Circle, from Loudoun County High School to King Street, and King Street, from Catoctin
Circle to Ida Lee Park, are hereby authorized to be temporarily closed from 9:45 a.m. to the conclusion
of the Public Safety Fair Parade on Saturday, September 19, 1992. Banners advertising the event are
authorized to be placed at the four entranced to town, two weeks prior to the event.
VOTE
Aye:
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
11. (g). (h). (i), (k), (1), (m)
MOTION
On motion of Mr. Trocino, seconded by Ms. Umstattd, the following resolutions were proposed as consent
items and unanimously adopted.
92-149 - RESOLUTION - AUTHORIZING THE TEMPORARY CLOSING OF STREETS FOR THE
NVBIA 10K RACE ON SUNDAY, AUGUST 16, 1992
WHEREAS, the Northern Virginia Building Industry Association Outreach Committee is planning
its annual 10-kilometer run in Leesburg on Sunday, August 16, 1992; and
WHEREAS, proceeds from the 10K Race will benefit the Loudoun County Alzheimer Respite
Center in Leesburg;, and
WHEREAS, the race will begin at 8:30 a.m. at Market Station, proceed south on Harrison Street
to Catoctin Circle, along Catoctin Circle to King Street, south on King to First Street, west on First to
Wirt Street, south on Wirt to Davis Avenue, west on Davis to Lee to Dry Mill Road, and west on Dry
Mill Road to the W&OD Trail, as shown on the attached map; and
WHEREAS, Council authorization is required to temporarily close streets along the race route.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
Streets along the route of the NVBIA 10K Race as indicated on the attached map are hereby
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Minutes of August 11, 1992
authorized to be temporarily dosed as needed from 8:15 a.m. to the conclusion of the race on Sunday,
August 16, 1992.
92-150 -'RESOLUTION - MAKING A REQUEST TO THE LOUDOUN COUNTY BOARD OF
SUPERVISORS FOR ENFORCEMENT OF THE LOUDOUN COUNTY
UNDERGROUND FACILITIES PROTECTION ORDINANCE WITHIN THE TOWN OF
LEESBURG
WHEREAS, the disruption of utility services caused by construction related activities is a problem
for both the utility companies and town and county residents; and
WHEREAS, the Loudoun County Board of Supervisors adopted an amended Underground
Facilities Protection Ordinance on March 5, 1991; and
WHEREAS, the county ordinance contains penalty provisions which include revocation of
Building, Grading, Plumbing, Electrical and other permits issued by Loudoun County related to an
excavation or demolition which damages underground utilities; and
WHEREAS, an underground utilities protection statute adopted and enforced by the town would
not be as effective as the county's ordinance because the town does not control building, grading, or other
construction related permits.
THEREFORE, RESOLVED by the Council of the town of Leesburg in Virginia as follows:
SECTION I. The Loudoun County Board of Supervisors is hereby requested to authorize and
direct the county staff to administer and enforce Loudoun County's Underground Facilities Protection
Ordinance within the corporate limits of the Town of Leesburg.
SECTION II. The Town Manager is directed to send this resolution to the Board of Supervisors
and County Administrator and to assist the county staff in the enforcement of said ordinance.
92-151 - RESOLUTION - AUTHORIZING A CONTBACT WITH EQUIFAX CREDIT SERVICES FOR THE COLLECTION OF DELINQUENT PERSONAL PROPERTY TAX AND WATER
AND SEWER ACCOUNTS
WHEREAS, Section 58.1-3919.1 of the 1950 Code of Virginia, as amended, authorizes the use of
private collection agencies for the collection of delinquent personal property taxes with the approval of
the governing body; and
WHEREAS, the town's Finance Director is interested in using Equifax Credit Services to assist
the town with the collection of delinquent personal property tax and water and sewer accounts:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the town's
Finance Director is authorized to enter into an agreement with Equifax Credit Services for the collection
of delinquent personal property tax and water and sewer accounts.
92-152 - RESOLUTION - AUTHORIZING A CONTRACT WITH COMMO~TH PETROLEUM
SERVICES, LTD. TO SUPPLY THE TOWN WITH PETROLEUM PRODUCTS
WHEREAS, for the last ten years the town has participated in a joint purchasing arrangement
with Loudoun County and the County School System for the purchase of gasoline, fuel oil and diesel fuel
for town vehicles and buildings; and
WHEREAS, on June 8, 1992, a Request for Bids was released by the County's Purchasing
Department for these products; and
WHEREAS, bids were received on July 9, 1992, from eight firms in response to the RFP; and
WHEREAS, the bids have been tabulated and evaluated and it is recommended that the bid
submitted by Commonwealth Petroleum Services, Ltd. under the escalating/de-escalating pricing
structure in the estimated annual amount of $59,923 be accepted as the lowest responsive and responsible
bid received:
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Minutes of August 11, 1992
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the Finance
Director is authorized to award~a one-year escalating/de-escalating price contract for petroleum products
to Commonwealth Petroleum Services, Ltd. in the estimated amount of $59,923.
92-153 - RESOLUTION - AUTHORIZING A STREET RESURFACING PLAN FOR FY
WHE~, the FY93 budget appropriated $85,000 for street resurfacing;, and
WHEREAS, the Director of Engineering and Public Works has recommended specific streets to
be resurfaced in a memorandum dated July 30, 1992.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The street resurfacing program outlined in a memorandum to the Council dated July 30, 1992
in the priority listed, is approved.
92-154 - RESOLUTION - ESTABLISHING A WORLD WAR II COMMEMORATIVE COMMITTEE
WHEREAS, the U.S. Department of Defense Commemorative Community Program
commemorates the 50th anniversary of World War II from 1991 to 1995; and
WHE~, the program honors veterans and their families by encouraging the development of
programs and activities that provide greater understanding of the lessons, technological contributions and
history of the war;, and
WHEREAS, to apply for acceptance into the program, the town must establish a Commemorative
Committee of 7 to 15 members who broadly represent the community, including veteran, education,
spiritual, media, business, civic and military leaders; and
WHEREAS, the committee chairperson should be able to provide continuity during the
commemorative period which ends on .Veterans Day, November 11, 1995; and
WHEREAS, the committee must conduct three or more commemorative activities per year during
the commemorative period and complete activity reports.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A World War II Commemorative Committee is hereby established to apply for the
World War 11 Commemorative Community designation for Leesburg.
SECTION II. The manager shall advertise the openings and refer the names of all interested
citizens to council for consideration.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
11.
MOTION
On motion of Mr. Webb, seconded by Ms. Bange, the following resolution was proposed and adopted.
92-156 - RESOLUTION AUTHORIZING AN AGREEMENT WITH FIRST POTOMAC
DEVELOPMENT COMPANY FOR A TEMPORARY SALES INFORMATION CENTER
WHEREAS, First Potomac Development Company has requested to use approximately 9,800
square feet of town-owned property dedicated as the northeast quadrant of the future Battlefield Parkway
and Lawson Road;and
WHEREAS, First Potomac Development Company intends to use the site for a temporary sales
information center during the first year of their single-family home sales in the Kincaid Forest Planned
Development; and
WHEREAS, First Potomac Development Company will provide the necessary parking area,
signage and landscaping for the center, consistent with the Town Code:
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Minutes of August 11, 1992
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is a~uthorized to issue a Trailer Permit and Right-of-Way Permit for the use
of approximately 9,800 square feet of town property by First Potomac Development Company upon the
demonstration that the proposed use will meet all requirements of the Town Code and safety standards.
The terms of the Permit shall be twelve months with a unilateral cancellation by either party with thirty
days notice. The permit may be renewed by the Town Manager on an annual basis.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmember Trocino ..
11. (n) was removed from the agenda.
12. NEW BUSINESS
12.
MOTION
On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and
unanimously adopted.
92-157 - RESOLUTION - AUTHORIZING A TIME EXTENSION AND APPROVING A PERFORMANCE
GUARANTEE FOR INSTALLATION OF PUBLIC IMPROVEME~S FOR THE
CATTAIL BRANCH STORMWATER MANAGEMENT POND
WHEREAS, the Pulte Home Corporation, the developers of the Cattail Branch Stormwater
Management Pond, has not completed all the required public improvements in accordance with the
approved construction drawings and town standards within the two year period agreed to in the contract
for public improvements; and
WHEREAS, the developer has requested a 60 day time extension to complete the public
improvements; and
WHEREAS, the letter of credk from First American Bank, which guarantees the installatidn of
public improvements, in the amount of $234,695.00 expires on August 7, 1992; and
WHEREAS, a new letter of credit from Nations Bank in the amount of $234,695.00 has been
provided by the developer to guarantee installation of the remaining public improvements for the Cat'mil
Branch Stormwater Management Pond.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Nations Bank in the amount of $234,695.00 in a form
approved by the Town Attorney and an extension of 60 days for the installation of public improvements
are hereby approved.
VOTE
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
12.
MOTION
On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and adopted.
92-158 - RESOLUTION - MAKING A REDUCTION OF THE PERFORMANCE GUARANTEE FOR
PUBLIC IMPROVEMENTS INSTALLATION IN PAXTON SECTION 2
WHEREAS, the town's Director of Engineering and Public Works has 'reviewed the public
improvements installed to date in Paxton Section 2 and certified that the value of work performed is
$150,373.28; and
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Minutes of August 11, 1992
WHEREAS; a letter of credit from Farmers and Merchants National Bank, confirmed by Crestar
Bank, in the amount of $187,966.60 has been provided by the developer and approved by the Council to
guarantee installation of public improvements for Paxton Section 2.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The letter of credit from Farmers and Merchants National Bsnk; confirmed by
Crestar Bank, in the amount of $187,966.60 is reduced to $37,593.32.
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 Paxton Section 2.
VOTE
Aye: Councilmembers Atwell, Bange, Trocino, Umstattd, Webb and Mayor Clem
Nay: None
Abstain: Councilmember Blake
DISCUSSION
Mayor Clem referred to the brochure and ad proposed by Leesburg Renaissance, Inc., (LRI) and
expressed concern with the front cover of the brochure and whether or not it would be legible because
of the dotted pattern.
Ms. Farmer stated that the gray color is on the draft brochure to show that there will be a color there
other than white.
Mr. Atwell expressed concern with not having dates on the calendar of events.
Ms. Snoderass stated that an insert with dates can be xeroxed and inserted into the brochures.
Ms. Umstattd stated that the points of interest on the map do not include any of the highlights of the
calendar of events. There is no directional arrow to where Waterford or Morven Park is. She asked that
the historical points of interest also be highlighted.
Ms. Bange suggested adding the museum and the walking tour.
MOTION
MS. Bange moved that Mr. Atwell be instructed to review the bids on the brochure and make
recommendations to the full Council.
The motion was seconded by Mr. Webb.
Mr. Atwell stated that this is a good step forward.
Mr. Trocino stated that he has been a supporter of LRI.
VOTE
Aye: Councilmembers Atwell, Bange, Blake, Trocino, Webb and Mayor Clem
Nay: Umstattd
MOTION
On motion of Ms. Bange, seconded by Mr. Trocino, the following resolution was proposed and
unanimously adopted.
92-159 - RESOLUTION - AUTHORIZING A SETTLEMENT OF THE HOWARD SAVINGS BANK et
al versus COUNTY OF LOUDOUN, et al at LAW NO. 12009 AND MAKING AN
APPROPRIATION
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Deputy Town Attorney is authorized to settle the above styled lawsuit and that
the assessments be adjusted as set forth below and taxes refunded in accordance with the applicable tax
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Minutes of August 11, 1992
rate of the Town of Leesburg for such year and the adjusted assessment.
1987 - $4,350,000.00
1988 - $4,761,500.00
1989 - $4,761,500.00
1990 - $3,672,000.00
SECTION H. Appropriate funds will be anocated from the unappropriated fund balance to fund
the settlement
VOTE
Nay:
Councilmembers Atwell, Bange, Blake, Trocino, Umstattd, Webb and Mayor Clem
None
MOTION
On motion of Ms. Bange, seconded by Ms. Umstattd, the meeting was adjourned at 10 p.m.
James E. Clem, Mayor