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Home My Public Portal About1986_05_28_O024eesb~rg in CVirginia ORDINANCE NO. AN ORDINANCE: PRESENTED May 28, 1986 86-0-24 ADOPTED May 28, 1986 AMENDING SECTION 4A-3 OF THE LEESBURG ZONING ORDINANCE REGARDING MULTI-FAMILY DWELLINGS WHEREAS, the R-4 multi-family district regulations presently do not require adequate yards and open space for multi-family dwellings; and WHEREAS, the Town Council has identified the amendment of these regulations as an important objective; and WHEREAS, the Council initiated these amendments on July 10, 1985; and WHEREAS, the Council and Planning Commission held a joint public hearing on October 9, 1985 and the Planning Commission recommended these amendments to the Council on March 6, 1986; and WHEREAS, the Town Council held a public hearing on May 14, 1986; and WHEREAS, these amendments are consistent with the policies of the Town Plan and are in the best interest of the public health, safety and welfare: ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The size and dimension standards applicable to multi-family dwellings within the Town R-4 Residential District are hereby modified by amending Section 4A-3 of the Leesburg Zoning Ordinance as follows: Sec. 4A-3 AREA, SIZE, HEIGHT AND YARD REQUIREMENTS In the R-4 Residential District: (a) Zoning lots shall be at least 8,000 square feet in land area for detached single-family dwellings and 2,000 square feet for attached single-family dwellings. Zoning lots shall be at least 10,000 square feet in land area for two-family ~ REVB2-1 5/86 " 'REV%SIONS TO R-4 STANDARDS 2 ~ dwellings. The total number of multi-family dwellings on a zoning lot shall not exceed ti,= d~nsity · ........ =~ vu~ u=- units per acre, or 30 units per acre if all units are one bed- room or efficiency units. (b) (c) Zoning lots shall be at least 75 feet wide for detached single-family,, and two-familym~ 100 feet wide for multi-family dwellings and 20 feet wide for attached single-family dwellings. No single-family attached or detached dwellings or two- family dwelling shall exceed 30 feet in height. N_~o multi-family dwellin~ shall exceed 40 feet in height; provided~ however, the Plannin~ Commission may approve a__n additional one foot in height for every two feet o__f additional setback, up to an absolute maximum height of 50 feet. No other structure shall exceed 50 feet in height. (d) Front yards shall be at least 20 feet deep for single- family dwellings~, and 30 feet for multi-family dwellings. Required front yards for attached dwellings shall not be used for off-street parking or driveways. (e) Side yards shall be at least 10 feet wide for detached single-family and two-family dwellings and 15 feet for each main structure for attached single-family ~ ~ dwellings. Non-habitable additions to single- family and two-family dwellin~s~ such as a garage carport~ ..may be located within five feet of the side lot line. Side yards are not required between attached single-family dwellings. Minimum side yards for multi- family dwellings shall be 30 feet and shall include a screen approved by the Plannin~ Commission that is opaque when located ~d~acent to more intensive uses or semi- opaque when adjacent to less intensive residential uses. (f) Rear yards shall be at least 30 feet deep for attached single-family and multi-family dwellings and 20 feet deep for all other structures. Multi-family rear yards shall include an opaque or semi-opaque screen as provided in (e) above. (g) No structure shall contain more than eight attached single-family dwellings and no more than two adjoining dwellings shall have the same front yard depth and such depths shall vary not less than one foot from the adjoin- ing pair of dwellings. revb2-2 1/86 ~ -REVISIONS TO R-4 STANDARDS (h) Attached single-family dwellings shall not be constructed to a greater density than eight dwelling units to the gross acre. (i) Ail multi-family structures on single lots shall be separated by a minimum horizontal distance of 20 feet. Multi-family developments shall include a minimum of 30% open space. Multi-family developments containin~ 20 or more dwellings shall include a minimum of 250 square feet of active recreational space per dwellin~ unit~ improved with recreational facilities such as swimmin~ pools, tennis courts and play~rounds. All recreational facili- ties shall be constructed prior to completion of fifty percent (50%) o__f planned dwellin~ units. (k) Architectural treatment of multi-family developments shall avoid massive~ monolithic and repetitive buildin~ types, facades and setbacks and shall be compatible with sur- roundin~ areas. Buildin~ elevations and architectural de- tails sufficient to show compliance with this provision shall be submitted with the final development plan application. SECTION II. This ordinance shall be in effect upon its passage. PASSED this ?~ day of ATTE ST: ~-~'7 Clerk of C~cil May , 1986. Robert E. Sevila, Mayor Town of Leesburg revb2-3 eesb~rg in ~irginia ORDINANCE NO. AN ORDINANCE: PRESENTED May 28, 1986 g&-O-~4A ADOPTED May 28, 1986 AMENDING CHAPTER 12.1, ARTICLE 21 OF THE TOWN CODE (ARTICLE 21 OF THE PERSONNEL MANUAL) TO COMPLY WITH STATE GRIEVANCE PROCEDURE POLICIES WHEREAS, the Commonwealth of Virginia has established statutory mandates for local grievance procedures; and WHEREAS, the state has reviewed the Town of Leesburg's current grievance procedure, and has recommeded changes to bring the Town's procedures into compliance with state law: ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. Section 12.1-53. paragraphs (a) and (c) of the Town Code (Article 21 of the Personnel Manual) are amended to read as follows: Sec. 12.1-53. Intent and Application. (a) For the purposes of this grievance procedure, a grievance shall be construed as a complaint or dispute by an employee relating to his or her employment, including, but not necessarily limited to: (1) disciplinary actions involving dismissals, demotions, and suspensions .provided that dismissals shall be grievable whenever resulting from formal discipline or unsatisfactory job performance; (2) concerns regarding the application, meaning or interpretation of these personnel policies, procedures, rules, regulations, ordinances and statutes; (3) acts of reprisal as the result of utilization of the grievance procedure; (4) complaints of discrimination on the basis of race, color, creed, sex, handicap, age, national origin or political affiliation; and (5) reprisal on the part of the town as a result of an employee's participation in the grievance of another employee. (c) Questions of grievability shall be resolved by the Town Manager. When either the town o~ the grievant so requests~ the Town Manager shall decide, within (5) work days of the request~ whether or not a matter is ~rievable. The decision of grievabilit~ shall be made subsequent to the reduction of the grievance to writing but prior to the panel hearin~ and a copy of the decisions shall be sent to the ~rievant. The issue of ~rievabilit~ shall be decided prior to the panel hearing or it shall be deemed to be waived. Decisions of the Town Manager concerning the issue of ~rievabilit~ may be appealed to the Loudoun County Circuit Court for a hearin~ de novo on the issue of grievabilit~. Proceedings for review of the decision of the Town Manager shall be instituted by filing a notice of appeal with the Town Manager within griev.ord AMENDING THE GRIEVANCE ORDINANCE Page Two five (5) work days of the date of the decision. Within (5) work days thereafter~ the Town Manager shall transmit to the clerk of the Circuit Court a copy of his decision? a copy of the notice of appeal~ and the exhibits, with copies to the grievant. Within 30 days of receipt by the clerk of such records, the Court? sitting without a ~ury~ shall hear the appeal on the record transmitted by the Town Manager and any additional evidence as may be necessary to resolve any controversy as to the correctness of the record. The Court may affirm the decision of the Town Manager or may reverse or modify the decision. The decision of the Court is final and not appealable. SECTION Il. Section 12.1-54 paragraphs b, c, e, and f of the Town Code (Article 21 of the Personnel Manual) are amended to read as follows: Sec. 12.1-54. Procedure. (b) Step 2. If the grievance is not resolved in Step 1, the employee shall reduce the grievance to writing within five days and present it to the appropriate department head. It shall include a statement of the grievance and the facts involved, alleged violation of these rules, the initial decision of the immediate supervisor and the remedy requested by the grievant. Within five (5) days the department head shall arrange a meeting with the grievant and his immediate supervisor where applicable to review the facts and shall notify the grievant of his decision in writing within three working days of such meeting. Step 2 and Step 3 shall be waived if the Town Manager serves as the grievant's immediate supervisor. (c) Step 3. If the grievance is not resolved in Step 2, the grievant may ask the Town Manager for a meeting to discuss the grievance further. Such request must be made within 5 working days following receipt of the Department Head's reply. Such meeting shall be held within two working days of the date of the request and shall be attended by the grievant, such representatives as he may select, the Department Head and the immediate supervisor. If the ~rievant is represented by legal counsel~ management likewise has the option of being represented by counsel. The Town Manager shall provide a written decision to the grievant with a copy to all other attendees, within three working days of the date of the meeting. This section shall not be construed as limiting the Town Manager's authority to require additional meetings with only the grievant present to discuss matters pertaining to the grievance. ' f~iu~= to f~llo~ this v;o;=.= o~ ~ene~ate the ~crmi,,atior, of thc gr'~=v~.~=. griev.ordl A~ENDING THE GRIEVANCE ORDINANCE Page Three ~f a.] dc~i~iu, uf the ~ic~,,~c ~anel. (e) After the initial filin~ of a written ~rievance, failure of either party to comply with all substantial procedural requirements without just cause will result in a decision in favor of the other party on any srievable issue, provided the party not in compliance fails to correct the noncompliance within five work days of receipt of written notification of the compliance violation. Such written notification by the ~rievant shall be made to the Town Manager. Failure of either party without just cause to comply with all substantial proce- dural requirements at the panel hearin~ shall result in a decision in favor of the other party. SECTION III. Section 12.1-55 paragraphs (b)(4) and paragraphs (d)(2) of the Town Code (Article 21 of the Personnel Manual) are amended to read as follows: (b) Panel Selection. (4) The followin~ relatives of a participant in the ~rievance process or a participant's spouse are prohibited from servin~ as panel members: spouse~ parent~ child~ descendents of a child~ sibling, niece, nephew and first cousin. No attorney havin~ direct involvement with the subject manner of the ~rievance~ nor a partner, associate, employee or co-employee of such an attorney shall serve as a panel member. (d) Powers. (2) The majority decision of the panel shall be final in all of its determinations~ and shall be consistent with the provisions of law and written policies. The manager shall enforce all decisions of the panel and the grievant may petition the circuit court for implementation of the panel's decision if the manager ~ils to act on the panel's decision. SECTION IV. Ail prior ordinances and resolutions in conflict herewith are repealed. griev.ord2 AMENDING THE GRIEVANCE ORDINANCE Page Four SECTION V. This ordinance shall be in effect upon its passage. PASSED this 28th day of May , 1986. ATTE ST: Clerk of C~cil Robert E. Sevila, Mayor Town of Leesburg griev.ord3