HomeMy Public PortalAbout1996_01_16TOWN COUNCIL MEETING MINUTES OF JANUARY 16, 1996
A Special meeting of the Leesburg Town Council was held on January 16, 1996, at 6:00 p.m., in
the Council Chambers, 25 West Market Street, Leesburg, Virginia. The purpose of the meeting was to
conduct the regular Town Council meeting of January 9, 1996 which was cancelled due to weather.
Notice having been delivered to all members of the Town Council priorthereto. The meeting was called
to order by Vice-Mayor William F. Webb.
ROLL CALL
Councilmembers present
George F. Atwell
J. Frank Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino
Kristen C. Umstattd
William F. Webb
Mayor James E. Clem (absent)
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
Director of Parks and Recreation Gary Huff
Assistant Town Manager for Economic Development John Henry King
Airport Manager Juan Rivera
Planner Marilee Seigffied
Public Information Officer Susan Farmer
Personnel Manager Nancy Fixx
Town Attorney George Martin
Town Clerk Barbara Markland
APPROVAL OF MINUTES
MOTION:
On motion of Mr. Trocino, seconded by Ms. Umstattd, the regular meeting minutes of December 12,
1995 were approved as corrected by Councilmember Buttery, and the special meeting minutes of
December 11, 1995, December 12, 1995, December 27, 1995 and January 3, 1996 were approved as
written.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Webb
Nay: None
Abstain: Councilmember Buttery from the special meeting minutes of December 12, 1995.
Absent: Mayor Clem
CERTIFICATE OF APPRECIATION presentation of a Certificate of Appreciation to Detective Corporal
Joanna Parrott was deferred to the February 13, 1996 Council meeting.
PETITIONERS
Mr. Alan Furman, a resident in the Linden Hill Subdivision, addressed the Council with concerns about
agenda item 10.(g).
Mr. David Kennedy, a resident in the Greenway Subdivision, addressed the Council thanking them and
staff for their efforts in the Allman Rezoning. He particularly thanked Councilmember Kristen Umstattd
and town planner Marilee Seigfi'ied.
Mr. Hubbard Turner, a resident in the Country Club Subdivision, addressed the Council thanking the
town for its snow removal efforts.
Mr. Michael Banzhaf addressed the Town Council regarding agenda item 10. (n). Mr. Banzhaf provided
the Council with additional information and requested that the Council amend the Zoning Ordinance
to determine when availability fees are paid.
Mr. Bob Donahoe, Vice President of the Donahoe Company and a partner in the Evans Ridge
development, addressed the Town Council stating that he believes that all of the documentation was
submitted in a timely fashion. Mr. Donahoe requested the Town Council to reconsider the appeal.
Mr. Atwell pointed out that the amount of availability fees in question is $31,600. Mr. Atwell asked Mr.
Donahoe how many units were being proposed?
Mr. Donahoe answered 150 two and three bedroom units.
COUNCILMEMBER COMMENTS
Mr. Buttery stated he appreciates all of the complimentary comments regarding the town staff. He
commended the town staff for the snow removal efforts, stating they did an outstanding job. He asked,
when time permits, that extra efforts be placed at removing snow from fire hydrants and intersections.
Ms. Umstattd commended many town citizens for theft efforts during the snow storm. Particularly Cathy
Wilt, Susan and Greg Adams, Ingrid Foss, Bobbie Elliot, Steve and Terri Brown and Laura Dutton.
Mr. Trocino echoed all of the comments made regarding snow removal. He thanked Mr. Brown for a
good job during this time. He also thanked the proprietors of Pro Fit, in the Battlefield Shopping
Center, pointing out that they were open every day during the snow storm.
Mr. Atwell also complimented the town staff on the snow removal efforts. He acknowledged the citizens
and businesses for their patience during the storm.
Ms. Emswiller echoed all of the comments regarding the snow removal. She pointed out that this work
is still in progress. She stated the town staff has done an exceedingly good job.
Mr. Atwell also commended Airport Manager Juan Rivera for his snow removal efforts at the Leesburg
Airport.
Mr. Webb echoed everyone's comments regarding snow removal. He suggested the town consider
purchasing additional equipment for in the future.
MANAGER'S REPORT
Mr. Brown also commended the town staff for all of theft hard work and long hours during the winter
storm. He appreciates all of the nice comments from the Town Council. He agreed with Ms. Emswiller,
in that, the continuing of snow removal is work in progress.
LEGISLATION:
fO.(a)
MOTION:
On motion of Ms. Emswiller, seconded by Mr. Trocino, the following ordinance was proposed and
unanimously adopted.
96-0-1 - ORDINANCE - APPROVING REZONING APPLICATION #ZM-143 ALLMAN FAMILY
LIMITED PARTNERSHIP TO AMEND AND EXISTING CONCEPT PLAN AND
PROFFERS ESTABLISHED FOR #ZM-90 GREENWAY FARM AND #ZM-120
GREENWAY FARM
WHEREAS, on March 23, 1988, the Town Council amended the zoning district map and
approved rezoning application #ZM-90 Greenway Farm PRN, with proffers; and :
WHEREAS, on August 8, 1990, the Town Council approved #ZM-120 Greenway Farm PRN
amending the concept plan and proffers associated with #ZM-90; and
WHEREAS, on November 15, 1994 rezoning application #ZM-143 Allman Family Limited
Partnership was submitted requesting an amendment to the existing concept plan and proffers for #ZM-
90 and #ZM-120 to permit the creation of 42 residential townhouse lots on a 5.93 acre parcel of land
designated for a church site; and
WHEREAS, on February 16, 1995 the Planning Commission held a public hearing to consider
this rezoning request; and
C01/16/96 -2-
WHEREAS, on April 20, 1995 the Planning Commission recommended to Council approval of
#ZM-143 Allman Family Limited Partnership conditioned upon the applicant submitting a concept plan
and proffers to support up to 18 single family detached residential units; and
WHEREAS, on May 10, 1995 the applicant submitted a variation request to the Planning
Commission to access 18 single family residential units by a common parking court and to create lots
larger than 8,000 square feet on a common parking court; and
WHEREAS, on June 13, 1995 the Council held a public hearing to consider the concept plan
and proffer amendment; and
WHEREAS, on June 15, 1995 the Planning Commission held a public hearing to consider the
variation requests; and
WHEREAS, on July 20, 1995 the Planning Commission approved the variation requests; and
WHEREAS, the proposed residential use and density are consistent with the Town Plan and with
adjacent land uses; and
WHEREAS, the 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-143 Allman Family Limited Partnership Concept Plan
and Proffer Amendment as shown on a concept plan prepared by Marc Weiss & Associates dated
December 8, 1995, including up to four pipestem lots with the minimum size as shown on the plan, is
hereby approved.
ALLMAN FAMILY LIMITED PARTNERSHIP (Applicant), a Vir~nia General Partnership,
and the owner of the property designated as Tax Map Parcel 47/13/A3 and applicant in #ZM-143, hereby
voluntarily proffers that in the event the subject concept plan and proffer amendment is approved in
general accordance with the concept plan prepared by Marc Weiss & Associates and dated December
8, 1995, entitled "Concept Plan Property of Allman Family LP" and proffer amendment application and
proposed development plan, the development of the property shall be in compliance with the following
proffered conditions pursuant to Section 15.1-491(a) of the 1950 Code of Vir~nia, as amended and
Section 13A-12 of the Zoning Ordinance of the Town of Leesburg, Vir~nia. These proffers replace and
make null and void proffers 1 through 8 and 10 associated with Ordinance No. 88-0-11, #ZM-90
Greenway Farm Partnership, but retain in effect proffer 9 which is directly applicable to the development
of the day-care facility.
(1)
Development of the property shall be in substantial conformity with the Concept Plan prepared
by Marc Weiss & Associates dated December 8, 1995, entitled "Concept Plan Property of AIlman
Family LP", which shall control the density, use, general layout and general configuration of the
property, with reasonable allowance for engineering and design alteration to meet Town zoning,
subdivision and land development regulations.
(2)
The applicant, or its successors-in-interest, agrees to pay thc Town prior to issuance of each
zoning permit issued for each residential unit constructed on the property FIVE HUNDRED
DOLLARS ($500) as its pro-rata share toward the construction of off-site transportation
improvements.
(3)
Immediately prior to issuance of each zoning permit, the Applicant, or its successors-in-interest,
shall make payment in the amount of FIFTY DOLLARS ($50.00) per residential unit to the
Town as a contribution to the fire and rescue facility providing service to the property, which
monies shall be paid by the Town to the appropriate fire and rescue facility.
(4)
Immediately prior to issuance of each zoning permit, the Applicant, or its successors-in-interest,
shall make payment in the amount of ONE HUNDRED DOLLARS ($100.00) per residential
unit as a contribution to the Town, for the improvement of Ida Lee Park in Leesburg.
(5)
The Applicant, or its successors-in-interest, agrees that prior to approval of the final plat,
architectural elevations shall be submitted to the Land Development Official for review and
approval. The architectural style, materials and construction of the single family homes shall be
compatible with the single family homes existing at the Greenway Farm Planned Residential
Neighborhood.
(201/16/96 -3-
(6)
The Applicant, or its successors-in-interest, shall limit access to the property to the entrance
shown on the Concept Plan prepared by Marc Weiss & Associates and dated December 8, 1995,
entitled "Concept Plan Property of Allman Family LP".
(7)
The Applicant, or its successors-in-interest, agrees to construct no more than 17 single family
detached dwellings on the subject property.
(8)
The Applicant, or its successors-in-interest, agrees that proffer 9 from #ZM-90, Greenway Farm
Partnership, which is directly applicable to the development of the day-care facility, remains in
full force and effect. T~ds proffer states as follows: "Applicant agrees that prior to approval of
the Site Plan for the day care facility referenced in Exhibit "A", the owner of such facility will
submit architectural elevations for the day care facility to the Town Land Development Official
for review and approval. The general location of such day care facility is designated on the
attached Exhibit "A"."
(9)
The monetary contributions set out in paragraphs 2, 3 and 4 shah be subject to adjustment from
the date of final rezoning approval at a rate equal to any increases in the Consumer Price Index
(C.P.I.) from the date of the final rezoning approval, as provided by the Director of Finance.
In no event shah said contributions be reduced.
(10)
The Applicant or its successors-in-interest, hereby affirms its agreement granting a perpetual 15-
foot buffer easement to Trafalgar House Property, Inc. for the installation, construction,
reconstruction, planting, maintenance and repair of landscaping, an irrigation system to support
such landscaping and entrance signage and features. The buffer easement is shown as "15'
Buffer" on the Concept Plan prepared by Marc Weiss & Associates and dated December 8, 1995,
entitled "Concept Plan Property of Allman Family LP". Applicant further agrees to an
assignment of the perpetual 15-foot buffer easement from Trafalgar House Property, Inc. to the
Greenway Farm Owners' Association, Inc., when requested. The terms of this agreement shah
be placed in the restrictive covenants for the Allman property. Such covenants shah be submitted
to the Town Attorney for approval prior to recordation.
SECTION II. Concept plan approval does not express or imply any waiver or modifications to
any other requirements of the Design and Construction Standards Manual, Subdivision and Land
Development Regulations or Zoning Ordinance except as specifically cited herein.
SECTION III. This ordinance shah be effective upon its passage.
VOTE:
Aye: Councilmembers Atwell, Buttery, EmswiHer, Trocino, Umstattd and Webb
Nay: None
Absent: Mayor Clem
10. (b)
MOTION:
On motion of Mr. Trocino, seconded by Ms. Umstattd, the following ordinance was proposed and
adopted as amended by Councilmember AtweH.
96-0-1 - ORDINANCE - AMENDING SECTION 10-165 OF THE TOWN CODE TO PROVIDE
RESIDENTIAL PERMIT PARKING ON MAYFAIR DRIVE
WHEREAS, the residents of Mayfair Drive have submitted a petition requesting residential
permit parking on Mayfair Drive; and
WHEREAS, the town has attempted several solutions to correct the problem of overflow parking
on Mayfair by vehicles owned by non-residents; and
WHEREAS, solutions such as increased street lighting, increased police patrols, repainting yellow
curbs and increased neighborhood watch efforts have failed to solve the problem; and
WHEREAS, the current Town Code allows residential parking only between 9:00 A.M. and 4:00
P.M. Monday through Friday, limits visitor permits to 30 days, requires an annual $8.00 fee per permit
and provides for no penalty for violations; and
WHEREAS, the Town Code must be amended to accommodate the needs of the Mayfair Drive
031/16/96 -4-
residents.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
Section 10-165 of the Town Code is hereby amended to read as follows:
Sec. 10-165. Residential permit parking.
(a) The Council '-'oy ................. ~,,,, ,,~ ,,, a,,,o ~,,, rese!cffen, here~ desi~ates ......... ~,-~*~ ~-
~ .................... .... ~ ~*-~*~ * ...... ~ ....... ~-~ *~* ~E paring ~ on Ma~aff ~ve to ~ restfi~ed to
the holders of ~its. ~ ~e manager shall ~ appropriate si~s ~g
noti~ of such rest~ions to ~ ~sted on *~ .................. .... ,.~.,~ ~ a~o;~,~a~ ..... Ma~a~ D~ve.
Pe~ts shall ~ ~anted to ~ns who reside on ~Ee ~?eet win_cE E~ ~e~ ~e
~o~o,~a~ ..... ~', *"~ .......... ~ .... ~ Ma~a~ ~ve. Residents may r~ive one ad~tional ~t
to ~stfibute to ~sitors.for ~ ~ffe~ "~ ' ...... a ~n a~,~
Co) The parking prohibitions of this section shall not apply to medical, service or
delivery vehicles which are being used to provide services or deliveries to dwellings on the
restricted street.
(c) Application for a permit required by this section shah be filed with the
department of finance on forms provided for that purpose for each permit requested.
~Ee ce~aEffe~ ret ~'aa~ce ~ffE e~. Pe~t d~ls, to ~ prodded ~ the town, shall
be ~splayed on the rear ~dow of the vehicle for w~ch it has ~en ~ued.
(d) Except as otherwise provided herein, it shall be unlawful for any person to park
~ on Mavfa~ Drive any ~'-~' ~ de~ted · ..... ~a~,~ ~, ~o.~ .... k, without
the ~splay of a ~it in a~r~n~ ~th t~s ~ion.
Vehicles parked in violation shah be subject to bein~ impounded.
DISCUSSION:
Ms. Emswiller suggested a study period to see how this works. She stated she sympathizes with the
Mayfair residents, however, she is concerned that the town is setting a precedent.
Mr. Buttery expressed concern with the seven residents who did not sign the petition. He questioned
where they lived on Mayfair Drive and suggested restricting permit parking to within 500 feet of Edwards
Ferry Road.
Mr. Trocino pointed out that the majority of the Mayfair Drive residents signed the petition. He
suggested the Council adopting the proposed ordinance as it is presented to see how it works.
Ms. Emswiller stated she would like a report in six months to include the number of cars towed during
this period. A review of the ordinance should take place in six months as well.
VOTE:
Aye: Councilmembers Atwell, EmswiHer, Trocino, Umstattd and Webb
Nay: Councilmember Buttery
Absent: Mayor Clem
10. (c)
MOTION:
On motion of Ms. Umstattd, seconded by Mr. Trocino, the following resolution was proposed and
unanimously adopted.
96-2 - RESOLUTION - RETIRING LEESBURG POLICE CANINES "BUDDY" AND "REX" FROM
SERVICE
WHEREAS, Canine Police Dog "Buddy" was assigned to Sergeant John Scott Ebersole and began
service to the Leesburg Police Department on December 30, 1988; and
C01/16/96 -5-
WHEREAS, Canine Police Dog "Rex" was assigned to Private First Class Scott A. Warner and
began service to the Leesburg Police Department on December 16, 1989; and
WHEREAS, during their dedicated service to thc Town of Leesburg, "Buddy" and "Rex"
successfully achieved the titles of Police Dog I, Police Dog II and Narcotic Detectors, through the United
States Police Canine Association; and
WHEREAS, "Buddy" and "Rex" performed a variety of tasks to include numerous demonstrations
for schools, nursing homes and the general public; and
WHEREAS, "Buddy" and "Rex" were successful in the apprehension of suspects in many cases
including the following.
In March 1989, Buddy responded to a residence for a subject trespassing
and wanted on a warrant. A search of the residence was conducted
where the suspect was found hiding in a second level bedroom at which
time he was arrested.
In May 1989, Buddy responded to a residential breaking and entering
where the suspect was found hiding in a second level bedroom, at which
time police officers made the apprehension.
In May 1989, Buddy responded to the scene of a bank robbery where the
suspect fled on foot with an undetermined amount of money. A track
was initiated and Buddy recovered $1,255.00. The suspect escaped in a
vehicle but was later apprehended.
In February 1990, Rex was called to the scene of a vehicle accident
which resulted from a pursuit. It was believed that the suspect
abandoned his vehicle and fled on foot. Rex was deployed and ran
dkectly to the vehicle where he alerted police officers. The suspect was
hiding inside the vehicle and surrendered to the police.
In February 1990, Buddy was called to a residence to assist narcotic
officers with a search warrant. Buddy was requested to do a narcotics
search of an area. He quickly alerted and indicated the presence of
narcotics in a desk. A more thorough search of this desk was conducted
where over 2 pounds of marijuana was discovered hidden behind a stack
of books. Buddy's narcotics search led to the arrest of several suspects.
In March 1990, Buddy was called to assist narcotics officers with a search
warrant at a housing complex. Buddy searched the second floor and
indicated the presence of narcotics in a travel bag in a closet. Having
searched the bag, rocks of crack-cocaine and a total of $1,298.57 was
seized. A total of 55 rocks of crack-cocaine was discovered in the
residence which led to several arrests.
In May 1990, Buddy responded to a housing complex in reference to a
subject who was wanted for assault and battery. The suspect fled on foot
across the street to another housing complex. A track was initiated
where the suspect was located and apprehended.
In June 1990, a vehicle pursuit from Frederick, Maryland to the Town
of Leesburg resulted in an accident involving the vehicle on the bypass.
The suspect fled on foot and was seen on Davis Avenue. Rex was called
to the scene of the suspect's last known location and tracked through
several open areas locating the suspect hiding in a tree. The suspect was
apprehended by police and charged with traffic violations and auto
larceny.
In September 1990, Rex was called to the scene of a breaking and
entering of a local business. A track of the suspects was initiated,
resulting in the apprehension of a suspect hiding between parked
vehicles. A short while later, two additional suspects were apprehended.
Rex was then re-deployed to conduct an article search in the area where
the suspects were apprehended. Through this search, Rex located a
hammer which was used to break the window of the business, as well as
items taken from the business. All three subjects were charged with
breaking and entering.
In January 1994, while on patrol with K-9 Buddy Officer Ebersole
discovered a breaking and entering in progress, at a bank in the
southeast quadrant of town. The suspect was inside throwing and
destroying items such as computer equipment, typewriters, cash drawers
and telephones. The suspect was then observed exiting through a broken
glass door and was ordered to halt but continued walking toward a
C01/16/96 -6-
parked vehicle. Buddy was released and apprehended the suspect. The
suspect was charged with destruction of property to the sum of $50,000
and breaking and entering.
In January 1995, during a search for juvenile suspects wanted for escape
and felonious assault on a law enforcement officer, Buddy responded to
a wooded area at the rear of Graydon Manor where a state police
helicopter spotted one of the suspects running through the woods. The
suspect exited the woods and was ordered to halt but then turned and
attempted to escape. Buddy was released and apprehended the suspect.
The other two suspects were subsequently apprehended by police
officers. Ail three subjects were charged with escape fi.om a juvenile
holding facility, felonious assault of a law enforcement officer and
larceny.
In April 1995, Rex responded to assist the state police on a traffic stop
and a narcotics search of the vehicle. Once inside the vehicle, Rex
immediately alerted at the rear floor area and indicated the presence of
a narcotic. A more thorough search of the floor area revealed a hidden
compartment where two ounces of marijuana were discovered. The
suspect was arrested for possession of marijuana and traffic offenses.
In August 1995, Rex responded to assist officers with a traffic stop. Rex
was deployed to do a narcotics search of the exterior of the vehicle. Rex
alerted and indicated the presence of a narcotic substance under the
passenger side of the wheel well. A bag containing an ounce of P.C.P.
was discovered under the hood behind the battery. A hand gun was also
discovered. Rex then searched the interior of the vehicle where 22 foil
packets of P.C.P. were discovered underneath the front passengers seat.
The suspect was arrested and charged with possession of P.C.P. and
traffic offenses.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Vir~nia as follows:
The Town Council of the Town of Leesburg recognizes the outstanding service of "Buddy" and
"Rex" and upon their retirement, eternally entrusts the care of Buddy to Sergeant John Scott Ebersole
and the care of Rex to Private First Class Scott A. Warner.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Webb
Nay: None
Absent: Mayor Clem
10. (d). (e). ft'). ('h). ('1). (i). (k). (!), (n)
MOTION:
On motion of Ms. Emswiller, seconded by Ms. Umstattd, the following resolutions were proposed as
consent items and unanimously adopted.
96-3 - RESOLUTION - INITIATING AN ORDINANCE AMENDMENT TO CONSOLIDATE THE
EXISTING F-1 ZONING DISTRICT AND THE FLOOD HAZARD DISTRICT INTO A
UNIFIED FLOODPLAIN OVERLAY DISTRICT AND REFERRING SAME TO THE
PLANNING COMMISSION
WHEREAS, within the corporate limits of Leesburg, applications for development in the 100-
year floodplain are reviewed under the F-1 Floodplain District Regulations and/or the Flood Hazard
District (1984 annexed area); and
WHEREAS, both regulations address similar issues and rely on the Federal Emergency
Management Agency (FEMA) to issue a Letter of Map Revision (LOMR); and
WHEREAS, consolidating both ordinance into a unified document based on the current
Loudoun County regulations will provide a consistent document administered by the Town; and
WHEREAS, the existing Design and Construction Standards Manual (DCSM) will require
amendment to reflect any new processing standards changed in the zoning regulations; and
WHEREAS, consolidating the regulations will be in the public interest and reflects a good zoning
C01/16/96 -7-
practice to administer consistent regulations.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. An ordinance amendment to delete the existing Section 5C F-1 Floodplain District
Regulations and replace it with a consolidated Section 5C Floodplain Overlay District is hereby initiated
and referred to the Planning Commission as shown below:
SECTION 5C. FLOODPLAIN OVERLAY DISTRICT
Section 5C-1. Purpose and Intent
These provisions are created to regulate and restrict land use in areas within the town which are subject
to severe periodic inundation, in such a manner as to:
0)
(2)
(3)
(4)
(5)
(6)
Protect life and prevent or minimize property damage.
Ensure that any use, activity or development will not adversely affect the water surface
elevation and capacity of the 100-year floodplain defined in this ordinance.
Reduce public costs for flood control, rescue and relief efforts occasioned by unwise use
or occupancy of such areas.
Conserve the natural state of watercourses and watersheds, and minimize the damaging
effects which development has on drainage conditions, pollution of streams, and other
environmental impacts on the town's water sources.
Comply with Federal and State laws and regulations that address the need for floodplain
management and protection.
Qualify Leesburg residents for the insurance and subsidies provided by the National
Flood Insurance Program.
All uses, activities and development within the Floodplain Overlay District shah be undertaken only upon
the issuance of a zoning permit. The placement of new or substantially improved Manufactured Home(s)
within any identified 100-year floodplain is prohibited. Only those uses set forth in Sections 5C-5 and
5C-6 shall be permitted by right or by special exception within the Floodplain Overlay District, provided
the use is also permitted by right or by special exception within the underlying zoning district.
Section 5C-2. Definitions
Unless otherwise specially provided, or unless clearly required by the context, the words and phrases
defined in this subsection shall have the following meanings when used in Section 5C.
0)
(2)
(3)
(4)
(5)
(6)
(7)
Alteration - A development action which will change the cross section of the floodplain
and will increase either the erosive velocity or height of floodwaters either on-site or off-
site. Alterations include, but are not limited to, land disturbing activities such as
clearing, grading, excavating, transportation and filling land.
Base Flood/One-Hundred Year Flood - A flood that, on the average, is likely to occur
once every 100 years (i.e., that has a one (1) percent chance of occurring each year,
although the flood may occur more than once in any year).
Base Flood Elevation (BFE) - The Federal Emergency Management Agency designated
100 year water surface elevation.
Cross Section - Shape and dimensions of a channel and valley of the floodplain
perpendicular to the line of flow.
Development - Any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
Floodplain - Any land area susceptible to being inundated by water from the 100-year
base flood.
Manufactured Home - A structure, transportable in one or more sections, which is built
C01/16/96 -8-
on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "manufactured home" does not include
a "recreational vehicle".
(8) Recreational Vehicle - A vehicle which is:
a. built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projection;
c. designed to be self-propelled or permanently towable by a light duty truck; and
designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational camping, travel, or seasonal use.
(9)
Road, Crossing of Floodplain - Any improved fight-of-way traversing a floodplain
generally perpendicular to the flow of the drainageway. Driveways serving one (1) lot
shall not be considered road crossings.
(lO)
Stormwater Management Improvements - Surface drainage improvements, storm sewers,
detention and retention ponds and other such improvements required to conform with
the Leesburg Design and Construction Standards Manual (DCSM).
(11)
Substantial Damage - Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred.
(12)
Substantial Improvement - Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market
value of the structure before the "start of construction" of the improvement. This term
includes structures which have incurred "substantial damage" regardless of the actual
repair work performed. The term does not include: (1) Any project for improvement
of a structure to correct existing violations of state or local health, sanitary, or safety
code specifications which have been identified by the local code enforcement official and
which are the minimum necessary to assure safe living conditions; and/or, (2) Any
alteration of a "historic structure", provided that the alteration will not preclude the
structure's continued designation as a "historic structure."
(13)
Utility Lines in the Floodplain - Storm sewers, sanitary sewers, water lines and similar
lines running generally parallel and perpendicular to the flow of the drainageway; and
other public utility lines traversing a floodplain generally perpendicular to the flow of the
drainageway.
Section 5C-3. Administration
The Floodplain Overlay District shall include:
(1)
All areas subject to inundation by waters of the 100-year base flood as identified by the
water surface elevation and cross-sections in the Flood Insurance Studies for The Town
of Leesburg and Loudoun County prepared by the Federal Emergency Management
Agency (FEMA), and the Federal Insurance Administration (FIA), dated March 30, 1982
and November 1, 1985, as amended.
(2)
All areas where no detailed flood profiles or elevations are provided, but where a 100-
year floodplain boundary has been approximated in the Flood Insurance Studies. In such
circumstances the applicant for the proposed use, development and/or activity shall
determine the 100-year base flood elevation in accordance with hydrologic and hydraulic
engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by
professional engineers licensed to practice in the Commonwealth of Vir~nia, who shall
certify that the technical methods used correctly reflect currently accepted technical
concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to
allow a thorough review by the Town of Leesburg, and shall be subject to FEMA review
and approval which may result in a map revision.
Section 5C4. INTERPRETATION OF FLOODPLAIN OVERLAY DISTRICT BOUNDARIES
(1) The Floodplain Overlay District boundaries are intended to be consistent with the limits
C01/16/96 -9-
of the water surface elevations and cross-sections established by the applicable "Flood
Insurance Rate Map." The specific 100-year base flood elevation must be delineated on
the plans for any proposed use, development and/or proposed activity. The limits of the
Floodplain Overlay District shall be determined from the 100-year base flood elevation
in accordance with Section 5C-3.
(2)
The extent of the Floodplain Overlay District shall be based on the applicant mapping
the area in question at a sufficient scale to accurately depict the floodplain boundaries.
Should a dispute arise regarding the boundary location, an appeal must be filed with the
Board of Zoning Appeals within 30 days of the decision and/or interpretation. The
Board of Zoning Appeals will determine the extent of Floodplain Overlay District using
the criteria referenced in Section 5C-3. The person questioning or contesting the
location of the District boundary shall be given a reasonable opportunity to present his
case to the Board and to submit his own technical evidence if he so desires.
Section 5C-5. Permitted Uses
The following uses and structures are permitted within the Floodplain Overlay District if the applicant
can demonstrate that the proposed development will have a low flood damage potential and will not
obstruct flood flows. Uses allowed in the underlying district shall be prohibited to the extent not
permitted by right or by special exception in the Floodplain Overlay District. Where any use, structure
or improvement will result in an alteration to the floodplain, an application for alterations must be
submitted to the Zoning Administrator in accordance with Section 5C-8 and any alteration must meet
the criteria contained in that section.
(1)
Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries,
horticulture, wildcrop harvesting, vegetable gardens, truck farming and sod farming. In
addition, timber harvesting is permitted upon submission of a Timber Management Plan
that has been approved by the Virginia Division of Forestry.
(2) Fishery uses such as fish hatcheries, fish harvesting.
(3)
Public or private recreational uses such as archery ranges, picnic grounds, swimming
areas, wildlife and nature preserves, target ranges, trap and skeet ranges, hunting and
fishing areas, pervious or impervious hiking, biking and horseback riding trails, play areas
of pervious or impervious surfaces, including ball fields, basketball and tennis courts, and
other similar park and open space uses.
(4)
Stormwater management improvements associated with uses permitted by right or special
exception in the Floodplain Overlay District.
(5)
Minor public utility lines and appurtenances, road crossings, private drives, serving up
to seven (7) lots and private access easements serving low density development.
(6)
Repair, reconstruction or improvement of existing residences, so long as the footprint of
the existing residence is not increased.
(7)
Accessory
exception,
exceed six
pervious or impervious parking areas to uses permitted by right or special
and where the water surface elevation of the 100-year flood event will not
inches above the parking surface.
(8)
Incidental structures, not exceeding 840 square feet of floor area, associated with
permitted or approved special exception uses in the Floodplain Overlay District. Such
structures include storage sheds, maintenance sheds, backstops, bath houses and locker
rooms. Provided, however, bulk storage of gasoline, chemicals, fuels or similar
substances are prohibited in the Floodplain Overlay District.
(9)
Temporary storage of material or equipment necessary in the construction of uses or
structures permitted by right or special exception in the Floodplain Overlay District.
(10)
Alterations of the floodplain associated with any permitted or special exception uses in
the Floodplain Overlay District. However, no channelization shall occur except to
protect existing habitable structures subject to periodic flooding. Applications for
alterations of the floodplain must be submitted in accordance with Section 5C-8. To the
extent that the elevations and boundaries of the floodplain change as a result of the
alteration action, any areas no longer within the floodplain may be used for any use in
the underlying district, subject to the provisions of the applicable district regulations and
C01/16/96 -10-
conditions of any approved special exception.
(11)
Restoration and rehabilitation of historic structures included or eligible for inclusion on
a federal, state or local historic register.
Section 5C-6. Special Exception Uses
The following uses and structures may be permitted in the Floodplain Overlay District by special
exception, subject to processing an application in accordance with Article 11 of the zoning ordinance and
complying with the specific criteria listed in Section 5C-7.
(1)
Marinas, boat rentals, docks, piers, wharves, water ski jump facilities; and incidental
structures associated with such uses, such as bath houses and locker rooms.
(2) Golf courses, driving ranges.
(3) Riding stables.
(4)
Incidental structures, greater than 840 square feet of floor area associated with uses
permitted by right or special exception in thc Floodplain Overlay District.
(5) Stormwater management ponds.
(6)
Accessory storage of vehicles, materials and equipment on a pervious or impervious
parking surface which exceeds 3,000 square feet in area. Vehicles, materials and/or
equipment must not be buoyant, flammable, explosive, and will not be subject to major
damage by flooding unless such material and equipment is firmly anchored to prevent
flotation or movement and/or can be readily removed from the area within the time
available after flood warning.
(7)
Road crossings which will result in an off-site increase in the water surface elevation of
the base flood, are subject to the following criteria and provisions:
ao
The procedures and standards for alterations in Section 5C-8 shah apply;
provided, however, the proposed crossing may result in a rise in the water
surface elevation of the base flood of no more than one (1) foot.
Co
A floodplain alteration in accordance with the Design and Construction
Standards Manual (DCSM) shah be submitted delineating aH increases in the
base flood, and the new floodplain limits shah be subject to FEMA approval.
The road crossing shall be designed and constructed in accordance with the
standards and regulations of the Design and Construction Standards Manual
and/or the Virginia Department of Transportation Standards, whichever shah
apply.
An instrument describing the increase in the floodplain limits, and executed by
each affected property owner, shall be recorded upon approval of the alteration
for the road crossing.
f.
The proposed crossing shah not result in an increase in the water surface
elevation of the base flood affecting existing buildings and structures.
go
Affected off-site property owners may at any time mitigate impacts on their land
as a result of an increase in the water surface elevation of the base flood by:
Including all, or a portion of; the land subject to the increase in the base
flood elevation for purposes of calculating the permitted density or
intensity of use on the lot subject to such increase; and/or
Alterations in accordance with Section 5C-8 and the Design and
Construction Standards Manual to reclaim that portion of their land
subject to the increase in water surface elevation of the base flood as a
result of the road crossing, provided there is no additional off-site rise
in the 100-year water surface elevation; or
3. An affected landowner may request the following by special exception,
C01/16/96 -11-
as provided in Section 5C-6:
(a) Adjustment of the building setback or parking setback
requirements on specific lots or parcels of land affected by the
increase in the elevation of the base flood; and/or
Co) Allocation of the density provided for in Section 5C-6(7)(g)(1)
to other lots within the proposed development not directly
subject to the increase in the base flood elevation.
Section 5C-7. Standards for a Special Exception
In considering applications for a special exception, the Town Council must be satisfied that the following
standards and those of Article 11 of the zoning ordinance have been met:
(1) The proposed use will not increase the danger to life and property due to increased flood
heights or velocities.
(2) The proposed use will not increase the danger that materials may be swept downstream
to the injury of others.
(3) The proposed water supply and sanitation systems are designed to prevent disease,
contamination, and unsanitary conditions.
(4) The proposed use or structure must be located and designed to limit its susceptibility to
flood damage, and available alternative locations, not subject to flooding, for the
proposed use must be considered.
(5) The proposed use is compatible with existing and planned development.
(6) The proposed use is in harmony with the Town Plan and the Stormwater Management
Master Plan for the area.
(7) The expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters expected at the site should not cause significant damage.
(8) Provision for alternative vehicular access and escape routes when normal routes are
subject to greater than 6 inch depth of water, which may result in being blocked or
destroyed by flooding.
(9) Special exceptions which include the alteration of the floodplain boundary may be
conditionally approved by the Town Council, with final approval being subject to the
issuance of a "Map Revision" or "Letter of Map Revision" by FEMA. The Town Council
shall determine that the granting of such conditional approval will not result in:
a. An increase in the 100-year base flood elevation beyond the
property boundaries unless specifically authorized by FEMA.
b. Additional threats to public safety.
c. Extraordinary public expense.
d. Nuisances.
e. Fraud or victimization of the public.
f. Conflict with local law or ordinances.
(10) The Town Council shall notify the applicant for a special exception, in writing, that the
issuance of a special exception to construct a structure below the (100)-year base flood
elevation:
a. increases the risks to life and property; and
b. will result in increased premium rates for flood insurance.
(11) A record shall be maintained of the above notification as well as all special exception
C01/16/96 -12-
actions, including justification for the issuance of the special exception. Any special
exception issued in the Floodplain Overlay District shah be noted in the annual or
biennial report submitted to the Federal Insurance Administrator.
Section 5C-8 ALTERATIONS TO THE FLOODPLAIN OVERLAY DISTRICT BOUNDARIES
(1)
(2)
Procedures for Alterations to the Floodplain. Applications for alterations to the
floodplain shall be subject to the following procedures:
ao
A preliminary flood plain study shall be submitted and reviewed in accordance
with Article 5 of the Design and Construction Standards Manual (DCSM).
Following the submittal of the preliminary flood plain study, the Zoning
Administrator shall notify any affected property owner and the Vir~nia
Department of Conservation and Recreation (Floodplain Management) of the
proposal to alter the existing 100-year floodplain boundary. Notification will be
consistent with the National Flood Insurance Program Regulations.
The Director of Engineering will review the preliminary flood plain study based
on Section 5C-8(2), "Engineering and Environmental Criteria for Proposed
Alterations to the Floodplain."
If the Director of Engineering reports that the alteration proposal does not
conform with engineering and environmental criteria of Section 5C-8(2), the
Zoning Administrator shah so notify the applicant and shall suspend further
action until a revised alteration proposal is submitted.
go
Following the conditional approval of the preliminary floodplain study by the
Director of Engineering, the Zoning Administrator shall refer the Director of
Engineering findings and the special exception application to the Planning
Commission consistent with Section 11A-4(5).
Enitineering and Environmental Criteria for any Proposed Alterations to the Floodplain.
Any proposed alterations to the Floodplain Overlay District shah be reviewed by the
Director of Engineering to determine whether the following criteria have been met:
Any alteration to the floodplain will require a Conditional Letter of Map
Revision by FEMA, and shall result in no change in the base flood elevation
beyond the property boundaries unless affected property owners acknowledge in
writing that they are aware of the proposal to modify the base flood elevation,
and a Conditional Letter of Map Revision authorizing the modification is
obtained from FEMA.
Alterations to the floodplain which include modifications to the existing stream
channel bed and banks shall not create erosive water velocities when the 100-year
water velocity is applied to the proposed stream channel, cross section,
alignment, and lining. Alterations to the floodplain which do not include
modifications to the existing stream channel bed and banks shall not increase
erosive water velocities when the (100)-year water velocity is applied to the
existing stream channel cross section, alignment, and lining. Permissible
velocities for each type of channel lining shall be obtained from the Virginia
Erosion and Sediment Control Handbook, latest edition.
Co
Any proposed relocation or alteration of the natural channel shall be in
accordance with the DCSM.
do
Unless specifically approved by the Director of Engineering, the maximum
allowable slope of any filled area on the floodplain alteration plan shall be 3:1.
go
The floodplain alteration plan shall further include plans for erosion control of
cut and fill slopes and restoration of excavated areas. The site plan should
incorporate the use of landscaping and other natural materials (earth, stone,
wood) on cut and fill slopes, and provide for tree protection wherever possible.
f.
Alterations to the floodplain shah be in conformance with the provisions of the
Design and Construction Standards Manual (DCSM) as administered by the
Town.
C01/16/96 -13-
g. The altered floodplain shall maintain its flood carrying capacity.
ho
To the extent that the boundaries of the floodplain change as a result of the
alteration action, any areas no longer within the floodplain may be used for any
use in the underlying district, subject to the provisions of the applicable district
regulations and conditions of any approved special exception.
Section 5C-9. SITE PLANS AND ZONING PERMITS REQUIRED
(1)
In accordance with Section 17A-1, a zoning permit is required for all proposed
development in the Floodplain Overlay District except for agricultural, forestry or
fisheries uses not requiring the erection of structures.
(2)
All structures built in thc Floodplain Overlay District must conform to the requirements
of the Design and Construction Manual and the Uniform Statewide Building Code,
including all floodproofing provisions.
(3)
A flood plain study shall be submitted in accordance with Article 5 of the DCSM for any
proposed structure or modification to the ground surface elevation in the Floodplain
Overlay District.
Section 5C-10. FLOODPLAIN INFORMATION TO BE SUBMITYED WITH LAND
DEVELOPMENT ACTIONS
Floodplain information shall be included as part of rezoning, special exception, commission permit and
site plan applications, and other land development applications, in accordance with Article 5 of the
DCSM°
Section 5C-11. EXISTING STRUCTURES IN THE FLOODPLAIN OVERLAY DISTRICT
A structure or use of a structure or premises which lawfully existed before the enactment of these
provisions, but which is not in conformity with these provisions, may be continued subject to the following
conditions:
(1)
(2)
Existing structures and/or uses located in the Floodplain Overlay District shall
not be expanded or enlarged unless the effect of the proposed expansion or
enlargement on base flood elevation is fully offset by accompanying
improvements to the flood plain in accordance with this ordinance.
Any modification, alteration, repair, reconstruction or improvement of any kind
to a structure and/or use in a floodplain overlay district shall be undertaken only
in full compliance with the provisions of the Virginia Uniform Statewide Building
Code.
SECTION II. The Planning Commission is authorized to hold a public hearing to consider this
amendment pursuant to Title 15.1-431 of the 1950 Code of Virginia, as amended.
96-4 - RESOLUTION - AUTHORIZING AN AGREEMENT AND APPROVING A
PERFORMANCE GUARANTEE AND WATER AND SEWER EXTENSION PERM1TS FOR
THE OLD WATERFORD KNOLL PUMP STATION
RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager shall execute the contract for public improvements for the
improvements shown on the plans approved by the Director of Engineering and Public Works for the
Old Waterford Knoll Pump Station. ~
SECTION II. The extension of municipal water and sewer for the Old Waterford Knoll Pump
Station is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The corporate surety bond in a form approved by the town attorney from the
Frontier Insurance Company in the amount of $226,181.00 is approved as security to guarantee
installation of the public improvements shown on plans approved by the Director of Engineering and
Public Works for the Old Waterford Knoll Pump Station.
96-5 RESOLUTION - AUTHORIZING AN AGREEMENT AND WATER AND SEWER
EXTENSION PERMITS FOR OLD WATERFORD KNOLL SECTION II
C01/16/96 -14-
WHEREAS, the construction drawings and final plat for Old Waterford Knoll Section II have
been approved; and
WHEREAS, the developer, Richmond American Homes, wishes to proceed with installation of
the public improvements without providing a performance guarantee; and
WHEREAS, the final plat for Old Waterford Knoll Section 2 cannot be recorded until all the
public improvements are completed and accepted by the Town Council or a performance guarantee
acceptable to the Town Council is provided by the developer; and
WHEREAS, the developer wishes to pay $4,550 to the town in lieu of construction of a small
portion of the road improvements for Fairview Street extended; and
WHEREAS, the estimate of $4,550 for the value of the small section of Fairview Street to be
built by the town is approved.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The Manager shall execute the contract for public improvements with Richmond
American Homes for the improvements shown on the plans approved by the Director of Engineering and
Public Works for Old Waterford Knoll Section II.
SECTION II. The extension of municipal water and sewer for Old Waterford Knoll Section II
is approved in accordance with Sections 15-9 and 19-18 of the Town Code.
SECTION III. The developer shall pay $4,550 to the town prior to the execution of the contract
authorized in Section I above. This payment is for Fairview Street improvements not constructed by the
developer.
96-6 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTS AND MAKING A REDUCTION OF THE PERFORMANCE
GUARANTEE FOR PUBLIC IMPROVEMENTS INSTALLED IN EXETER SECTION 5
WHEREAS, Richmond American Homes, 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 previously approved time extensions;
and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, Richmond American Homes, the developer of Exeter Section 5, has completed a
large amount of the public improvements and has requested a reduction of the performance guarantee;
and
WHEREAS, currently the town is holding $343,087.00 in corporate surety bond funds from the
American Motorists Insurance Company which represents 20% of the original performance bond amount
of $1,715,436.00; and
WHEREAS, the Virginia state law as of July 1, 1995 allows up to a 90% reduction of the
performance guarantee funds; and
WHEREAS, Richmond American has requested that their bond be reduced to $171,543.60
representing a 90% reduction of the original performance bond; and
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. A time extension to October 9, 1996 for completion of the public improvements
is approved.
SECTION II. The corporate surety bond from the American Motorists Insurance Company in
the current amount of $343,087.00 is reduced to $171,543.60 and is approved to guarantee the installation
of public improvements in Exeter Section 5.
SECTION III. The Town Manager shall notify the developer that liability for the corporate
surety bond funds 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 Exeter Section 5.
C01/16/96 -15-
96-7 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
GREENWAY FARM SECTION 1
WHEREAS, Trafalgar House Property, Inc., the developer of Greenway Farm Section 1, 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
previously approved time extension adopted by Town Council on January 10, 1995 by Resolution #95-2;
and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $218,100.00 from the American Home
Assurance Company was provided by the developer to guarantee the installation of public improvements
in Greenway Farm Section 1.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the American Home Assurance Company in the
amount of $218,100.00 is approved to guarantee the installation of public improvements in Greenway
Farm Section 1.
SECTION II. A time extension to January 7, 1997 for completion of the public improvements
is approved.
96-8 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC
IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR
GREENWAY FARM SECTION IA
WHEREAS, Trafalgar House Property, Inc., the developer of Greenway Farm Section lA, 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 previously approved time extension adopted by Town Council on January 10, 1995
by Resolution #95-3; and
WHEREAS, the developer has requested a one (1) year time extension to complete the public
improvements; and
WHEREAS, a corporate surety bond in the amount of $52,400.00 from the American Home
Assurance Company was provided by the developer to guarantee the installation of public improvements
in Greenway Farm Section lA.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. The corporate surety bond from the American Home Assurance Company in the
amount of $52,400.00 is approved to guarantee the installation of public improvements in Greenway
Farm Section IA.
SECTION II. A time extension to January 22, 1997 for completion of the public improvements
is approved.
96-9 - RESOLUTION - PRIORITIZING THE ISTEA ENHANCEMENT GRANT PROJECTS
WHEREAS, Town Council authorized three projects to be submitted to the Virginia Department
of Transportation for ISTEA Enhancement Grant funding;, and
WHEREAS, the projects include the Bali's Bluff Regional Park Expansion, theN orth King
street/Ida Lee Park Trails, and the Chancellor Street Rail; and
WHEREAS, the ISTEA grant application process requires ranking projects according to priority:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The ISTEA projects are ranked in the following priority order: (1) North King Street/Ida Lee
Park Trails; (2) Bali's Bluff Regional Park Expansion; and (3) Chancellor Street Trail.
96-10 - RESOLUTION - AWARDING A CONTRACT TO BOWIE GRIDLEY ARCHITECTS FOR
C01/16/96 -16-
PROFESSIONAL SERVICES FOR THE THOMAS BALCH LIBRARY
WHEREAS, proposals were solicited for professional services to renovate and expand the
Thomas Balch Library; and
WHEREAS, thirteen firms submitted proposals; and
WHEREAS, the Town's Proposal Review Committee selected five firms for a short-list; and
WHEREAS, the Library Projects Committee evaluated the proposals of the short-listed firms and
ranked the top three for interviews; and
WHEREAS, the three top-ranked firms were interviewed by the Library Projects Committee and
Bowie Gridley Architects was selected as the top-rated firm; and
WHEREAS, negotiations were conducted with Bowie Gridley Architects to determine a
satisfactory fixed fee amount:
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is authorized and directed to execute, on behalf of the Town of LeesbUrg,
contract with Bowie Gridiey Architects in the amount of $191,600.00 for professional services.
96-11 - RESOLUTION - DENYING THE APPEAL OF AVAILABILITY FEES FOR EVANS
RIDGE
WHEREAS, at the December 5, 1995, Finance Committee meeting Dave Bowers and Mike
Banzhaf asked that the Evans Ridge project be reimbursed $31,650 in paid water and sewer availability
fees; and
WHEREAS, a letter dated December 29, 1995, from Mike Banzhaf formally requested under
Sections 15-14(h) and 19-23(h) of the Town Code an appeal of the town manager's decision to use
availability fee rates in effect July 1, 1995, for the project that was ultimately eligible to draw permits on
July 27, 1995; and
WHEREAS, the Finance Committee on January 2, 1996, after discussion and consideration
unanimously recommended denial of the appeal to the full Council.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The appeal, filed under Section 15-14(h) and 19-23(h) of the Town Code, dated December 29,
1995, requesting reimbursement of paid availability fees for Evans Ridge Apartments is hereby denied.
DISCUSSION:
Mr. Buttery stated this is a situation where the developer felt that he was doing everything he needed
to do in order to get the project moving along. "It is my understanding that when the Planning
Commission approved the project is was on a conditional basis - and it is either approved or not
approved. Both parties had the same amount of information available to them and what the rules were
with respect to when the fees would be assessed." Mr. Buttery agreed with Mr. Banzhafs suggestion of
clarifying the town's ordinance.
Mr. Atwell stated that the availability fee amount in question is $31,600. There are 150 units proposed
which is close to $200.00 a unit. If $200.00 a unit is the difference between affordable housing and not
then maybe the whole project needs to be reviewed.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Webb
Nay: None
Abstain: Councilmember Trocino from items 10. (i) and (j)
Absent: Mayor Clem
!0. (m)
MOTION:
On motion of Mr. Atwell, seconded by Ms. Umstattd, the following resolution was proposed and
C01/16/96 -17-
unanimously adopted.
96-12 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO EXECUTE THE LEASE
AGREEMENT BETWEEN THE TOWN OF LEESBURG AND AMERICAN BEECHCRAFT
COMPANY
WHEREAS, the Town Council adopted Resolution Number 95-210 on October 24, 1995 that
authorized the Town Manager to negotiate the award of the Leesburg Airport Fuel Farm Lease and
adjunct services with American Beechcraft Company (ABC); and
WHEREAS, the Town staff and Leesburg Airport Commission entered into negotiations with
ABC in order to consummate the award; and
WHEKEAS, the Town staff met with Mike Fitzgerald, President of ABC, on four separate
occasions to discuss the conditions and details of the agreement; and
WHEREAS, the Town staff and the Leesburg Airport Commission met on November 28 and
December 4, 1995 to discuss the context of the agreement; and
WHEREAS, the Leesburg Airport Commission recommended sending the conditions and details
of the agreement to the Finance Committee; and
WHEREAS, the Finance Committee met on January 2, 1996 to discuss the conditions of the
agreement and forwarded the agreement to the Town Council for adoption.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Town Manager is hereby authorized to execute the lease agreement, the terms of which were
described at the January 2, 1996 Finance Committee meeting, between American Beechcraft Company
and the Town of Leesburg in a form approved by the Deputy Town Attorney.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Webb
Nay: None
Absent: Mayor Clem
NEW BUSINESS:
11. (a)
MOTION:
On motion of Mr. Buttery, seconded by Mr. Trocino, the following resolution was proposed and adopted.
96-13 - RESOLUTION - AUTHORIZING AN EASEMENT FOR CABLEVISION OF LOUDOUN
ON THE VINEGAR HILL PARKING LOT PROPERTY
WHEREAS, Cablevision of Loudoun has requested an easement for underground cable television
facilities on the land owned by the Town of Leesburg at the Vinegar Hill Parking Lot to provide cable
television service to the Loudoun County Complex at 5 Harrison Street; and
WHEREAS, the easement agreement has been submitted to the Deputy Town Attorney and the
easement plat has been submitted to the Director of Engineering and Public Works for review.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as follows:
The Mayor is authorized to sign the easement agreement for the easement requested by the
Cablevision of Loudoun on the Vinegar Hill Parking Lot Property. The easement agreement shall be
in a form approved by the Deputy Town Attorney, and the easement plat shall be as approved by the
Director of Engineering and Public Works.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd and Webb
Nay: None
Abstain: Councilmember Atwell
Absent: Mayor Clem
C01/16/96 -18-
11. (b)
MOTION:
On motion of Ms. Umstattck seconded by Mr. Trocino, the following resolution was proposed and
unanimously adopted as amended by Councilmcmber Buttery.
96-14 - RESOLUTION - AMENDING POSITIONS AND NUMBERS OF EMPLOYEES IN THE
TOWN'S SERVICE
WHEREAS, the Town of Leesburg and American Beechcraft have entered into a lease
agreement; and
WHEREAS, the pay and classification plan must be amended to reflect the duties and
responsibilities of American Beechcraft and the airport staff; and
WHEREAS, the elimination of the three airport positions will take place upon the execution of
thc lease agreement between the Town of Lecsburg and American Bcechcraft Company.
THEREFORE, RESOLVED by the Council of thc Town of Leesburg in Virginia as follows:
SECTION I. The positions and number of employees in the town service for the fiscal year 1996
are established as follows:
Number of Full-Time Equivalent
Positions Available
LEGISLATIVE DEPARTMENT
Clerk of Council i
EXECUTIVE DEPARTMENT
Manager
Deputy Town Manager
Asst. Town Manager for Economic Development
Executive Secretary
Personnel Manager
Public Information Officer
Secretary
FINANCE DEPARTMENT
Director of Finance
Asst. Director of Finance
Accounting Clerk I
Systems Technician
Finance Technician
Meter Technician
POLICE DEPARTMENT
Chief of Police
Captain
Lieutenant
Sergeant
Corporal
Police Officer 1st Class
Police Officer
Administrative Secretary
Secretary
Police Records Assistant
1
2
2
7
3
3
20
1
1
2
ENGINEERING AND PUBLIC WORKS
ADMINISTRATION
Director of Engineering and Public Works
Engineer II - Transportation
C01/16/96 -19-
Administrative Secretary
ENGINEERING AND INSPECTIONS
Chief of Engineering
Chief of Operations/Inspections
Engineer II
Contracts Administrator
Construction Inspector
STREET MAINTENANCE
Superintendent
Asst. Superintendent
Maintenance Worker III
Maintenance Worker II
Maintenance Worker I
Data Entry Clerk (part-time)
EQUIPMENT MAINTENANCE
Superintendent
Assistant Superintendent
Heavy Equipment Operator
Equipment Mechanic II
Equipment Mechanic I
PARKING METER AND LOTS
Parking Attendant (part-time)
PLANNING~ ZONING AND DEVELOPMENT
Dir. Planning, Zoning & Development
Chief of Planning
Zoning Administrator
Planner II
Asst. Zoning Administrator
Planning & Zoning Assistant
Administrative Secretary
Secretary
PARKS AND RECREATION
Director of Parks and Recreation
Asst. Director of Recreation
Administrative Secretary
Center Manager
Landscape Architect
Recreation Program Supervisor
Accounting Clerk
Part-time Staff
Groundskeeper
Secretary
LIBRARY
Library Coordinator
Library Assistant
UTILITIES
ADMINISTRATION
Director of Utilities
Asst. Director of Utilities
Administrative Secretary
Capital Projects Representative
2
1
2
6
6
5
.5
1.5
!
!
!
!
1
4
2
12.9
1.5
1
1
2
C01/16/96 -20-
WATER POLLUTION CONTROL
Superintendent
Asst. Superintendent
Senior Utility Plant Operator
Utility Plant Supervisor
Utility Plant Operator
Utility Plant Operator Trainee
Heavy Equipment Operator
Administrative Secretary
Utility Maintenance Worker
1
1
2
2
3
4
1
1
1
UTILITIES LINES
Superintendent
Asst. Superintendent Maintenance
Crew Leader
Utility Maintenance Worker
1
1
3
3
WATER SUPPLY
Superintendent
Utility Plant Supervisor
Senior Utility Plant Operator
Utility Plant Operator
Utility Plant Operator Trainee
Maintenance Worker II
1
1
1
4
2
1
UTILITIES MAINTENANCE
Superintendent
Utility Maintenance Mechanic
Utility Maintenance Worker
AIRPORT
Airport Manager
Airfield Maintenance Technician
Secretary (Part-time)
TOTAL PERSONNEL AUTHORIZED
Full-time Equivalent
188.2
(part-time positions inclusive in total above)
17.2
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Webb
Nay: None
Absent: Mayor Clem
11. (c)
MOTION:
On motion of Mr. Trocino, seconded by Ms. Umstattd, the following ordinance was proposed and
unanimously adopted as amended by Councilmember Buttery.
96-0-3 - ORDINANCE - AMENDING CHAPTER 12.1 OF THE TOWN CODE REGARDING
REVISED PAY AND CLASSIFICATION PLAN
WHEREAS, the Town of Leesburg and American Beeclacraft have entered into a lease
agreement; and
WHEREAS, the pay and classification plan must be amended to reflect the duties and
C01/16/96 -21-
responsibilities of American Beechcrafi and the airport staff.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Section 12.1-10 of the Town Code, classification of town employees by occupational
group and pay grades, is amended to read as follows:
Sec. 12.1-10. Classification of town employees by occupational ~oups and pay ~ades.
Employees in the town service are classified in the following occupational groups and pay grades:
Occupational
Groups Position Pay Grade
Executive-Managerial
tt
tt
tt
Law Enforcement
tt
Administrative-Clerical
Supervisory
Technical
Director of Engineering/Public Works
Chief of Engineering
Director of Utilities
Director of Finance
Director of Planning, Zoning
and Development
Chief of Police
Director of Parks and Recreation
Deputy Town Manager
Asst. Town Manager for Economic Development
Parking Control Officer
Police Officer
Police Officer 1st Class
Corporal
Sergeant
Lieutenant
Captain
Investigator
Clerk Typist
Police Records Assistant
Secretary I
Accounting Clerk I
Library Assistant
Accounting Clerk III
Administrative Secretary
Zoning & Development Asst.
Planning & Zoning Asst.
Executive Secretary
Clerk of Council
Personnel Manager
Public Information Officer
Desk Clerk
Parking Attendant
Superintendent Equipment Maintenance
Water Supply Superintendent
Superintendent Buildings
Grounds and Maintenance
Utility Lines Superintendent
WPCF Superintendent
Asst. Director of Finance
Asst. Director of Utilities
Landscape Architect
Asst. Director Recreation
Center Supervisor Manager
Library Coordinator
Recreation Supervisor
Bldg. Supervisor Parks & Recreation (p/t)
.a2rpert Oper~t'.'ons__~ ~ .... .......
Utility Maintenance Mechanic
Heavy Equipment Operator
Finance Technician
Asst. Super. Bldgs, & Grounds
16
14
15
15
15
15
15
15
13
3
8
9
10
11
12
13
10
3
3
3
3
4
7
5
7
7
9
9
9
2
1
10
12
11
12
12
12
13
10
12
10
9
8
4
8
6
5
-2
6
8
C01/16/96 -22-
Professional
Construction/Maintenance
Airport Manager 9
Senior Plant Operator 7
Utility Plant Operator 6
Utility Plant Operator Trainee 4
Asst. Supt. Utility Lines Construction 9
Asst. Supt. Utility Lines Maintenance 9
Superintendent Utility Plant Maintenance 10
Contracts Administrator 11
Capital Projects Representative 10
Asst. WPCF Supt. 9
Construction Inspector 9
Asst. Zoning Admin. 9
Assistant Superintendent Equip. Maint. 8
Systems Technician 7
Meter Technician 3
Recreation Attendant (Part-time) $ 5.94 per hour
Child Care Attendant (Part-time) 5.72 per hour
Lifeguard I (Part-time) 6.48 per hour
Lifeguard II (Part-time) 7.02 per hour
Lifeguard III (Part-time) 8.10 per hour
Assistant Camp Instructor (Part-time) 6.48 per hour
Weight Room Attendant (Part-time) 6.48 per hour
Desk Clerk (Part-time) 7.72 per hour
Program Aide (Part-time) 7.72 per hour
Asst. Swim Coach (Part-time) 8.64 per hour
Camp Instructor (Part-time) 9.72 per hour
Birthday Clown (Part-time) 10.80 per hour
Swim Coach (Part-time) 10.80 per hour
Preschool Teacher (Part-time) 10.80 per hour
Aquatic Instructor I (Part-time) 10.80 per hour
Aquatic Instructor II (Part-time) 12.96 per hour
Aquatic Instructor III (Part-time) 16.20 per hour
Recreation Instructor I (Part-time) 10.80 per hour
Recreation Instructor II (Part-time) 12.96 per hour
Recreation Instructor III (Part-time) 16.20 per hour
Chief of Operations & Inspections 13
Engineer II 11
Engineer II - Transportation 11
Chief of Planning 12
Planner II 10
Zoning Administrator 12
Utility Maintenance Worker 3
Maintenance Worker II 3
Airfield Maintenance Technician 4
Maintenance Worker III 5
Groundskeeper 5
Maintenance Worker I 2
Equipment Mechanic I 6
Equipment Mechanic II 7
Utility Crew Leader 5
Utility Maintenance Mechanic 6
SECTION II. Section 12.1-15 of the Town Code, being the pay grades for compensation
the town service, is amended to read as follows:
Grade
FY 1996 Pay Range
1 $15,630-24,967'
2 16,880-26,965
3 18,231-29,122
4 19,689-31,452
5 21,264-33,968
6 22,966-36,685
7 24,803-39,620
8 27,035-43,186
9 29,468-47,073
10 32,120,51,309
of employees in
0)1/16/96 -23-
11 35,011-55,927
12 38,162-60,961
13 41,597-66,447
14 45,341-72,427
15 49,421-78,946
16 53,869-86,051
SECTION III. All prior ordinances in conflict herewith are repealed.
SECTION V. This ordinance shall be effective upon the execution of the lease agreement between
the Town of Leesburg and American Beechcraft Company.
VOTE:
Aye: Councilmembers Atwell, Buttery, Emswiller, Trocino, Umstattd and Webb Mayor Clem
Nay: None
Absent: Mayor Clem
MOTION:
On motion of, and duly seconded, the meeting was adjourned at 7:30 p.m.
Clerk of Council
es E. Clem, Mayor
C01/16/96 -24-