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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-