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Home My Public Portal About1962_04_08 66 Minutes 'of the' Regular Meeting of the Leesburg Town Council, April 9, 1962 A Regular Meeting of the Leesburg. Town Council was held. in the Council Chambers, Leesburg, Virginia on April 9, 1962. Mayor Frank Raflo called the meeting to order at 7:37' P.Mc: Councilmen present were George J. Babson, Stanley FcCaulkins , George P. Hammerly, Hunter M. Leach, Maurice R. Lowenbach and John.W. Pumphrey. Upon Motion of Councilman Pumphrey; seconded by Councilman Lowen- bach and with general agreement of the Councilmembers the minutes of the previous meeting were approved as read . ' • •. The - following letter and Standards for an R-3 District were pre= sented to the Council bq' Mr. Cailton Penn. CARLETON PENN Attorney At Law Leesburg, Virginia • 9 April 1962 .. . ,.:. . _ The Mayor and Town Council Town of Leesburg - Leesburg, Virginia Gentlemen: •> 4 - - r. " One of ;my clients , and other- interested persons. '. in Leesburg , have indicated their interest in the creation of a new residential zone for row or "Town houses". This type of housing or "dwellinggroups" , as de- fined by the Urban Land Institute and our Ordinance, is sug- gested by said Institute and other authorities in the field as excellent means of effecting urban redevelopment. Said housing also provides homes desirable for older persons and others not desiring large lawn space. Such people prefer to own this type of housing rather than being driven to renting an apartment. • It would be our suggestion that such areas are to be within walking distance of existing business areas to al- leviate parking and other traffic problems on the existing narrow streets. Such use is permitted in an R-2 District under the existing Ordinance, but the Ordinance gives the Board of Zoning Appeals no standards. Accordingly, we respectfully suggest an amendment 'of the Zoning Ordinance of the Town of Leesburg to provide for a new district in which residential housing will be per- mitted without the current requirements for sideyards and total land area. For your consideration, we enclose here- with schedule setting forth what we believe to be the most • desirable features of the Arlington, Alexandria, District of Columbia and Falls Church Ordinances. Respectfully yours,• /s/ Carleton Penn CP/pg Enclosure 67 MINIMUM STANDARDS FOR PROPOSED R-3 DISTRICT (a) Lot area - 2000 square feet' minimum (b) Front yard - 25 feet minimum of existing restriction line. (c) Rear yard - 20 foot minimum. • (d) Side yeard - None , except corner lotw where restriction ' ' • lines exist. II ( e)' - Corner lots without restriction shall have a minimum , sideyard of 6 feet. . (f) Building height - 20 feet or two story, exclusive of basement. . (g) . .tot coverage - 45% of lot area. • - (h) Service or rear alley - Minimum of 10 feet wide -'At rear of all lots, one half of width of which may be counted as a part of the .rear yard requirement, pro- GO vided said alley is over 10 feet wide. tom• ( i) Not less than one offstreet parking unit. shall be pro- f. , vided .for each lot. s M The. Mayors Report was given to the Council. • • The report of the Town Manager was given. Upon Motion of Councilman Lowenbach; seconded by Councilman ' Caulkins and there being no objection to a roll call vote the following resolution was approved. Voting Yeas, Councilmen Caulkins, Hammerly, Leach, Lowenbach, ,Pumphrey and Mayor Raflo. Nays, Councilman Babson. WHEREAS, the firm of DECO Electronics , Inc. conducts a research • laboratory located on a tract of land in Loudoun County , Virginia, just east of the corporate limits , and said firm has 114 employees with an annuals payroll of over $1,000,000, and WHEREAS, access to DECO is over State Route- 773, Ft. Evans Road , and : this road is in great need of repair and reconstruction to adequately .carry the large volume of trafficecreated to DECO,, which makes an estimated' 1000 trips per day over this 0.7 miles of. Routi #773 , which is entirely within the corporate limits , except for ' approximately 400 feet on the easterly end ; and WHEREAS, the Virginia Department of-Highways has classified this 0.7-mile of Route #773 as. an industrial access road- and said Highway Department has further indicated that this road could be improved and reconstructed from Industrial Access road funds, if so requested by the Town Council of. Leesburg , Virginia, and the Loudoun County Board of Supervisors, . THEREFORE, BE IT RESOLVED ; by the Council for -the Town of Leesburg in Virginia, that the Commissioner of the Virginia Department of Highways be and is .hereby requested to reconstruct 0.7 mile-of State Route #773, from its intersection with State Route #7, with funds from the Industrial Access Road Allocations, and • IIBE IT FURTHER RESOLVED, by the Council for the Town of Leesburg in Virginia, that the Town of Leesburg will guarantee a. 50 foot right of-way_ for the road improvement project, upon completion of the neces- sary construction drawings as prepared by the Virginia Department of Highways. Upon Motion of Councilman Lowenbach; seconded by Councilman Hammerly and there being no objection to a roll call vote the following resolution was defeated by a' vote of 4-2. Voting Yeas, Councilmen Caulkinssand Lowenbach; Nays , Councilmen Babson, Hammerly, Leach and Pumphrey. • 68: WHEREAS, Mr. H. H. Harris, Commissioner of the Virginia Department of Highways, did by letter dated March 27, 1962 , advise that $125,000 has been allocated by the Commission to initiate the financing of the Leesburg By-Pass , and WHEREAS, by this same letter the Commissioner also .advised that $75,000 was available for a one-way street system in the Town of Leesburg and that this $75,000 can •be applied to the By-Pass fund ifit is the desire of the Town Council of Leesburg, THEREFORE, BE IT RESOLVED, by the Council for the Town of Lees- burg, in Virginia, that the Commissioner of Highways be and is hereby requested to transfer the $75,000 designated for a one-way street project for the Town to the original By-Pass allocation of $125,000, thereby making a total initial amount of $200,000 available for the Leesburg By-Pass. -. • The Mayor read the following letter and bill for services rendered from Mr. Stilson Hall with regard to Pierpoint and M&G; Motors. vs Town of Leesburg to the Council. •- STILSON H. HALL . Attorney At Law Leesburg, Virginia April 9, 1962 Mr. Rogert G. Sharp Town Manager Leesburg . Virginia • Dear Mr. Sharp:: • • IN REI. TOWN OF LEESBURG - PIERPOINT • TOWN OF LEESBURG - M & G MOTORS No doubt you have been a.=dvised •that counsel for the II above-named plaintiffs has offered, to accept $1+00.00 in ' settlement of the two cases--$300.00 for the Pierpoint case and. $100.00 for the M & G: Motors case. Although we have some doubt as the the negligence of the Town, after fully considering the matter, Mr. Kuykendall and I recommend that the Town pay the sum of $400.00 in full compromise settlement of both cases .. Having in mind the un- certainty of the outcome in the event the cases go to trial and taking into consideration the additional costs incident to the trial of the cases, we recommend settlement of the cases. Also we have conferred with Mr. Martin who has studied the issues involved - and is familiar with the facts. It -is our understanding that he concurs in our conclusion. Believfiing that you wish to have before you all costs in • connection with the cases , we are enclosing bill for our attorneys' fees. The Court costs will be paid by the plaintiffs. Yours very trulyq, • - SHH:MA /s/ Stilson H. Hall • J. SLOAN KUYKENDALL and STILSON H. HALL - Attorney at Law Leesburg , Virginia • . - April 9, 1962 Town of Leesburg Leesburg , Virginia *********************** For Professional Services 69 IN REs TOWN OF LEESBURG - PIERPOINT - IN RE:: TOWN OF LEESBURG - M & G MOTORS $125.00 Upon. Motion of- Councilman- Pumphrey; seconded by Councilman Lowenbach and there being no objection to a roll call vote the follow- ' . ing resglution was passed, Voting Yeas., Councilmen Babson Caulkins, 111-v Hammerit, Leach, Lowenbach and - Pumphrey. Abstained , Councilman:Leach. BE IT RESOLVED by the Council for the Town of Leesburg that StilsonH. Hall and D. Sloan Kuykendall attorneys for the Tbwn of Leesburg, be and they are- hereby authorized to compromise the suits pending; against the Town of Leesburg by M & G Motors and Robert Pierpoint for the sum .of $400.00 for both claims , and BE IT FURTHER RESOLVED , that the sum of 4400.00, payable as . directed by said. attorneys , be appropriated from the general fund upon: the execution of all proper orders and releases therefrom and . that the sum of $125.00- be and same is hereby appropriated from Z the General Fund in full payment of their legal services , in the IN. said two suits when such release is effected. N, s Upon Motion of Councilman Hammerly, who voted with the pre- = vailing side of the original question; seconded by Councilman Lowenbach the motion to reconsider the vote by which the resolution to request the transfer of $75,000.00 to the Leesburg By-Pass fund was originally lost and entered on the minutes. There being no • objection to a roll call vote the aforewritten resolution was passed. .- Voting Yeas, Councilmen Caulkins, Hammerly , Leach and . Lowenbach; Nays, Councilmen Babson, and Pumphrey. Upon Motion of Councilman Hammerly; seconded by Councilman II Caulkins and there being no objection to a roll call vote the following resolution. was passed . Voting Yeas , Councilmen Caulkins ,. Hammerly, Leach, Lowenbach and Pumphrey; Nays, Councilman.Babson. t :1 'BE IT RESOLVED that the Town Manager is hereby appointed Zoning Administrator for the Town of Leesburg effective 16 April • 1962_until this position is filled on a full time basis. Upon Motion of Councilman Hammerly; seconded by Councilman Pumphrey and with the general consent of the Council members the following resolution was unathinously approved. BE IT RESOLVED that the matter of amending the Zoning Ordinance to provide for the establishment of a district or districts permitting "row" or "town" houses and appropriate standards therefor be referred to the Planning Commission of the Town of Leesburg for such recommendations as may be appropriate by said Commission. Upon Motion ofCouncilman Babson; seconded by Councilman Pumphrey. and there being no further business to come before the Town•Council at this time- the meeting was adjourned at 10:05 P.M. . with the' general agreement of the Council. ' I