HomeMy Public PortalAbout1963_01_28 139
PUBLIC HEARING
A duly advertised Public Hearing was held in the Council
Chambers, Leesburg, Virginiaat 7:10 P .M. , January 28 , 1963 to con-
sider.,amending the Zoning Ordinance by amending the land use as desig-
nated on the Zoning Map to rezone a parcel of land from R-2 to R-3.
Appearing before the Council at this Public Hearing was
Mr. Carlton Penn.
Upon hearing all the comme nts and diiscussion from Mr . Penn
IIthis matter was discussed to some extend at this Public Hearing between
the Councilmembers , Mayor Ratio and others who were present.
This Public Hearing was adjourned at 7: 25 P.M. with the general
consent of all present. .
REGULAR MEETING
Minutes of the Regular Meeting of the Leesburg Town Council, January ' .
28; 1963
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A. Regular Meeting of the Leesburg Town Council was held in the T
cc Council Chambers , Leesburg, Virginia on January 28 ,.,•1963. .
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Mayor Frank Ballo called the meeting to order at 7: 30 P .M;
Councilmen present were Stanley F. Caulkins, Lynwood Lay, Hunter M.
Leach, Maurice R. Lowenbach and John W. Pumphrey. Absent from this
meeting was Councilman George P. Hammerly.
Upon Motion of Councilman Pumphrey; seconded by Councilman
Lowenbach the minutes of the previous meeting were approved as read
with the general consent of the Council Members .
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The Acting Town Manager gave his report to the Council.
Upon Motion of Councilman Caulkins; seconded by Councilman
Lowenbach the following was unaminously approved by Roll Call vote.
WHEREAS, the Council for the Town of Leesburg , in Virginia., hitherto,
at a regular meeting' held on November 26, 1962, referred the question
of the following amendments to the Planning Commission for the Town
of Leesburg ,. in Virginia, for the purpose of holding a public hearing
on such question and making recommendations as provided by Chapter 28,
Section 15-968.5 of the Code of Virginia; and
WHEREAS, the said Planning Commission caused a notice of a
Public Hearing on the question submitted to it to be published on
the 20th day of December, 1962 , and the 27th day of December, 1962;
in the Loudoun Times-Mirror , a newspaper published 'in and having a
general cirnulation in the Town of Leesburg, a• notice in accordance
with the provisions of Chapter 28 , Section 15-961.4 of the Code oaf T
Virginia that the said Commission would hold a Public Hearing on the
question referred to it , which Public Hearing would, be held on the
3td day of January? 1963, arid which notice designated the time and
place of such hearing; and
WHEREAS, the said Planning Commission did hold such Public
IIHearing and heard all persons desiring to be heard on the question of
adopting the following amendments; and
WHEREAS , the said Planning Commission thereafter considered the
question of adopting the following amendments and at a regular meeting
of the said Planning Commission held the 3rd day of January , 1963 , the
said Commission duly adopted and recommended to the Council for the
Town of Leesburg, in Virginia, the ' enactment of the"following amendments;
and
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WHEREAS, the said Council for the Town of Leesburg , in Virginia,
caused a notice of public hearing on the following amendments to be
published on the 17th day of January, 1963 , and the 24th day of January,
1963 , in the Loudoun Times-Mirror , a newspaper published in and having
a general_circulation in the Town of Leesburg, a notice in accordance
with the provisions of -Chaper 28, Section 15-961.4 of the Code of Vir-
ginia that__the said Council woulhold a public hearing on the following
amendments , which Public Hearing would be held on the 28th day of
January, 163 , and which notice designated the time and. place of said
hearing; and
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WHEREAS , the said Council for the Town of Leesburg , in Virginia,
did hold such a 'public hearing and heard all persons desiring to be
heard on -$he. question of enacting the following amendments to the
Zoning Ordinance;.
NOW, THEREFORE, 'BE IT ORDAINED , by the Council for the Town of
Leesburg, in Virginia, that the Zoning Ordinm ce be amended by amending
the land use as designated on the Zoning Map to rezone from a General
Residence District to a Town House Residence District a. parcel of land
belonging to Loudoun Properties , Inc. , containing 125 acres , more or
less , lying on the southerly side of Tuscarora Creek and on the westerly
side of State Route No. 643 , adjoining and bounded by said Highway and '
the lands now or formerly belonging to Stowers , Scott, Catoctin Trading
Company, Inc . , Hammerly , other land of Loudoun Properties , Inc. and the
Town of Leesburg.
Upon MotionTof Councilman Lowenbach the following resolution was
brought before the Council.
WHEREAS, the Committee for the Integrated Bar has ruled that it-
is
tis unethical fora town attorney to prosecute violations of Town ordinances
and represent defendants in the same court charged with violations of
state statutes of a similar nature; and
WHEREAS, the present town attornert while he does not participate
in the prosecution of offenses in the police court for the Town of
Leesburg, does prosecute any appeals taken to the Circuit Court for the
County of Loudoun on behalf of the Town of Leesburg , and has because
of the aforesaid ruling ceased representing persons charged with violations
of state statutes of a similar nature in the Loudoun County Court and
said Circuit Court; and ,
WHEREAS, the said town attorney has requested that he be relieved
of this duty and has advised that the Commonwealth' s Attorney be em-
ployed by 'the Town of Leesburg to prosecute all donvictions appealed
to the Circuit Court on a fee basis of Fifty Dollars ($50.00) for all
cases 'tried in the Circuit Court and a fee basis of not less than Twenty
Dollars ($20.00) , but not more than Fifty Dollars ($50.00) fOr each
case which is not tried in said Circuit Court , though appealed .
BEWIT THEREFORE RESOLVED, by the Council for the Town of Leesburg
that hendeforth George M. Martin is hereby relieved from any responsibility
for prosecuting violations of town ordinances in the Police Justice Court, '
or Circuit Court , and that the Commonwealth' s Attorney for the County of
Loudoun be, and he is hereby employed to represent the Town of Leesburg
in prosecution of all appeals taken to the Circuit Court for the County
of Loudoun on a fee basis of Fifty Dollars ($50.00) "for all cases tried
in the Circuit Court and a fee basis of not less than Twenty Dollars
($20.00) , but not more than Fifty Dollars ($50.00) for each case which
is not tried in said Circuit Court , though appealed .
After some discussion by the Town Attorney to the Council the
above written Resolution was withdrawn by Councilman Lo4lenbach.
Upon Motion of Councilman Leach: seconded by Councilman Lowenbach
the following Resolution was approved by a voice vote.
WHEREAS Frank J. Schaefer and Co. , Inc. , did by letter dated
January 15, 1963, petition this Council to reione a. parcel of land
belonging to Frank J. Schaefer and Co. , Inc . , containing 3:4 acres ,
more or less , lying on the south side of .Washington and Old Dominion
Railroad and adjoining and bounded by Valley View Avenue on the West ,
Belmont Drive on the sotth and Prospect Drive on the East.
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NOW, THEREFORE, BE IT RESOLVED , by the Council for the Tbwn
of Leesburg, in Virginia, that the aboire petition be referred to
the Town of Leesburg Planning Commission for study and report.
Upon Motion of Councilman Pumphrey; seconded by Councilman
Leach and there being no further business to come before the Council
at this time, the meeting was adjourned- with General Consent at
8:00 P.M. • - -
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