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HomeMy Public PortalAbout1963_06_10 I 86 • MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, JUNE 10, 1963. A regular meeting of the Leesburg Town Council was held in the Council Chambers, Leesburg, Virginia, on June 10, 1963. Mayor Frank Raflo called the meeting to order at 7:30 P.M. Councilmen present were : Stanley F. Caulkins, George P. Hammerly , Lynwood Lay , Hunter M. Leach , Maurice R. Loo-ienbach, Jr.' and John W. Pumphrey. In the absence of the Recorder , Robert C. Forbes was appointed Recorder Pro-Tem. The minutes of the regular meeting on May' 27, 1963 , Public Hearing on May 28, 1963 and Special Meeting on May 31, 1963 were approved with the gene- , ral consent of the Council. ' `n. Consideration was given to the following petitioners : Mrs. Penny Osburn and Mrs. Lowell Riley, who spoke in favor of the proposed amendment to the Zoning Ordinance to provide for a district to be known as "Old and Historic Leesburg District. " Mayor Raflo gave his report to the Council. The Town Manager gave his report to the Council . Upon motion of Councilman Pumphrey, seconded by Councilman Caulkins, the following resolution was unanimously adopted by roll call vote : WHEREAS, the Council for the Town of Leesburg, in Virginia; hitherto at a regular meeting held on August '27, 196a, referred the question of the following amendments to the Zoning Ordinance to the Leesburg Planning Commission 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 14th and 21st days of Marchi, 1963 in the Loudoun Times-Mirror , a news- paper published in and having a general circulation in the Town of Leesburg, a notice in accordance with the provisions of Chapter 28, Section 15-961.4 of the Code of Virginia, that the said Commission would hold a Public Hearing on the question referred to it , which Public Hearing would be held on the 26th day of March, 1963 and which notice designated the time and place of such hearing; and WHEREAS, the said Planning Commission did hold such Public Hearing and heard all persons desiring •to be heard on the question of adopt- ing the following amendments ; and WHEREAS, the said Planning Commission thereafter considered the ques- tion of adopting the follooiing amendments and , at a special meeting of the said Planning Commission held the 18th day of April , 1963, the said Planning Commission duly adopted and recommended to the Council for the Town of Leesburg, in Virginia, the enactment of the following amendments; and WHEREAS, the said Council for the Town of Leesburg, in Virginia, caused a Notice of a Public Hearing on the following amendments • to be published on the 16th and 23rd days of May, 1963 , in the Loud- oun Times-Mirror , a newspaper published in and having general circu- • ration in the Town of Leesburg, a notice in accordance with the pro- visions of Chapter 28, Section 15-961.4 of the Code of Virginia, that the said Council would hold a Public Hearing on the following amend- ments, which Public Hearing would be held on the 28th day of May, 1963, and which notice designated the time and place of said hearing; and ' 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 the question of enacting the following amendments to the Zoning Ordinance ; 187 Regular Meeting, June 10, 1963 NOW, THEREFORE, BE IT ORDAINED, by the Council for the Town of • Leesburg, in Virginia, that the Zoning Ordinance be amended by inserting, subsequent to Article 10, the following: (See Amendment of Zoning Ordinance attached hereto. ) Upon motion of Councilman Pumphrey, seconded by Councilman Caulkins, the following resolution was unanimously adopted by roll call vote : WHEREAS, the Leesburg Planning Commission hitherto , at a special w• meeting held on April 18, 1963, initiated the following amendment 111 to the Leesburg Subdivision Ordinance for the purpose of holding a Public Hearing on such question and making recommendations, as provided by Chapter 28, Section 15-967.7 of the Code of Virginia; and WHEREAS, the said Planning Commission caused a Notice of a Public Hearing on the question initiated by it to be published on the 25th day of April , 1963 and the 2nd day of May , 1963 in the Loudoun Times- Mirror , a newspaper published in and having general circulation in the Town of Leesburg, a notice in accordance with the provisions of Chapter 28, Section 15-961.4 of the Code of Virginia, that the said 00 Commission would hold a Public Hearing on the question initiated by it , which Public Hearing would be held on the 9th day of May, 1963, and which notice designated the time and place of such hearing; and CC WHEREAS, the said Planning Commission did hold such Public Hearing and heard all persons desiring to be heard on the question of adopt- ing the following amendment ; and WHEREAS, the said Planning Commission thereafter considered the ques- tion of adopting the following amendment and , at a regular meeting of the said Planning Commission held on the 9th day of May, 1963, the said Planning Commission duly adopted and recommended to the Council for the Town of Leesburg, in Virginia , the enactment of the following amendment ; and WHEREAS, the said Council for the Town of Leesburg, in Virginia, caused a Notice of a' Public Hearing on the following amendment to be published on the 16th and 23rd days of May , 1963 in the Loudoun Times-Mirror , a newspaper published in and having general circula- tion in the Town of Leesburg, a notice in accordance with the pro- visions of Chapter 28 , Section 15-961.4 of the Code of Virginia, that the said Council would hold a Public Hearing on the following amend- ment , which Public Hearing would be held on the 28th day of May, 1963, and which notice designated the time and place of said hearing; and WHEREAS , the said Council for the Town of Leesburg, in Virginia, did hold a Public Hearing and heard all persons desiring to be heard on the question of enacting the following amendment to the Subdivision Ordinance; NOW, THEREFORE, BE IT ORDAINED, by the Council for the Town of Lees- burg,' in Virginia, that' the Subdivision Ordinance be amended by de- leting the first paragraph in Section III B.2 and inserting in place thereof the following: Residential' lots shall have' at' least' the following minimum sizes; depending' on whetheror not they are or will be served by municipal water and/or' sewer facilities ; pro- 111 tided , however , that where the lot area regulation of any applicable zoning ordinance requires' a larger lot area or permits a' smaller lot' area, such' regulation shall govern : Upon motion of Councilman' Lowenbach, seconded by Councilman Pumphrey, the following resolution was unanimously adopted by a roll call vote : 18`8 Regular Meeting, June 10, 1963. WHEREAS, Section 15-575 of the 1950 Code of Virginia, as amended, requires that : (1) An estimate of the amount of money deemed to be needed during the ensuing fiscal year for each department , office, commission and agency of the Town of Leesburg shall be prepared and submitted . by the officers or heads thereof to the Council or by the Council _ for said departments, offices, divisions, boards, commissions or • agencies ; and �� WHEREAS, the Council has prepared and submitted an estimate for -' r said departments, offices, divisions, boards, commissions or agen- cies; and WHEREAS, the Council for the Town of Leesburg has prepared the bud- get hereinafter set out in full for informative and fiscal planning purposes only , containing a complete itemized and classified plan of all contemplated expenditures and all estimated revenues- and bor- rowings for the Town of Leesburg for the ensuing fiscal year; and Budget attached as Exhibit "A" WHEREAS, Section 15-577 of the 1950 Code of Virginia, as amended , requires that for informative and fiscal planning purposes only a brief synopsis of the budget shall be published in a newspaper hav- ing general circulation in the Town of Leesburg, and notice given, of one or more public hearings, at least seven (7) days prior to the date set for the hearing. BE IT THEREFORE RESOLVED, by the Council for the Town of Leesburg . that the budget heretofore referred to be , and the same is hereby adopted subject to further change ; and, BE IT' FURTHER RESOLVED, by the Council for the Town of Leesburg that a conformed copy of the foregoing synopsis of the budget be, and the same shall be forwarded to the LOUDOUN TIMES MIRROR, a news- paper of general circulation in the Town of Leesburg, for publica- tion on the 13th. day of June , 1963 and the 20th day of June, 1963, and public hearing to be held on June 24, 1963. TOWN OF LEESBURG IN VIRGINIA SUMMARY OF PROPOSED BUDGET FOR FISCAL 1964 GENERAL FUND Est. cash on hand 30 June 1963 5 25,000.00 Est. revenues for fiscal 1964 129,093.00 • AVAILABLE FOR APPROPRIATION $154,093.00 PROPOSED APPROPRIATIONS: . Personal Services S 12,900.00 Other Services and Supplies 11 ,329.20 Planning and Zoning 6,550.00 �• Administration of Justice 2,450.00 L Police Department 28,007.00 . ,s • . Fire Department 3,200.00 _ Streets, Sidewalks, Sanitation 52,206.80 Capital Outlays 12,450.00 e+ • TOTAL APPROPRIATIONS $129,093.00 • • • • . 189 • Regular Meeting, June 10, 1963. i • UTILITY FUND Est. cash on hand 30 June 1963 $ 12,000.00 Reserve in Bank for Utility Fund 40,000.00 Est. revenues for fiscal 1964 89.800.00 AVAILABLE FOR APPROPRIATION 3141 ,800.00 PROPOSED APPROPRIATIONS: Administration S 16,152.80 111 Operation and Maintenance 31,780.00 Capital Outlays 34,600.00 Debt Service 34 ,070.00 TOTAL APPROPRIATIONS 3116,602.80 • PUBLIC HEARING • There will be a meeting of the Council of the Town of Leesburg, in Virginia, on the 24th day of June, 1963 00 at 7 :30 P.M. , E.D.T. , in the Council Chambers at the Town Q Office Building, at which time any citizen of the Town of Leesburg may be heard with respect to their views of the Caforesaid budget. cc Z The aforesaid budget is based on existing tax rates. COUNCSL FOR THE TOWN OF LEESBURG IN VIRGINIA FRANK RAFLO, Mayor . Upon motion of Councilman Lowenbach, seconded by Councilman Pumphrey, the following resolution was unanimously adopted by a roll call vote : BE IT RESOLVED by the Council of the Town of Leesburg in Virginia that the Town Manager be authorized to ask for bids for the col- lection of refuse , ashes, trash and garbage in the said Town twice a week under the conditions and terms hereinafter set forth : That for and in consideration of the payment of the sum of S per month , payable on the last day of each calendar month , said Con- tractor agrees to collect the trash, refuse , ashes and garbage in the Town of Leesburg twice a week and deliver the same to the sani- tary land fill located in the Town, utilized by the Contractor , for a period of one year from the date thereof. Contractor agrees to furnish a truck acceptable to the Town and the labor to perform this operation. Contractor agrees to collect such garbage , ashes, refuse and trash on Tuesday and Friday of each week from those places of business and residences only where such garbage , ashes, refuse and trash is .prepared and placed for collection in the manner prescribed by the Trash Ordinance for said Town, and in a place which is accessible to the truck used by the Contractor. The Contractor agrees to collect trash and other articles from the alley next to Edwards Drug Store. 111 It is agreed that the Contractor will carry Public Liability Insur- ance in limits of $50,000.00 per person and $100,000.00 per accident for Bodily Injury Liability and $25 ,000.00 Property Damage Liability, and that this insurance will be on each vehicle used by the Contractor , a's' well as on the operations of the Contractor , which vehicles and operations will be connected with the performance of the contract. 19 0 Regular Meeting, June 10, 1963. It is further agreed that the Contractor will carry Workmen 's Compen- sation Insurance on any and all of his employees, and that he will provide the Town of Leesburg with certificates of both the Public Liability Insurarceand Workmen 's Compensation Insurance referred to in the paragraphs above , said certificates to be in the Town Office prior -to the execution •of -any contract. The Contractor agrees to -save -and hold harmless the Town of Leesburg in the event of any personal injuries to persons or damage to prop- erty which may arise or allege to have risen out of the performance of any contract. It is •further mutually agreed by -the Town of Leesburg and the Con- tractor that the Contractor is under no obligation to collect re- jected building materials, factory cuttings; or trade waste set out for removal by the Town , or by a contractor of- the Town. It is agreed by said Contractor that he will comply with the terms and provisions hereinabove set forth during the term from July 1 , 1963 through June 30, 1964, and the Town of Leesburg agrees that the said Contractor shall be compensated in the amount and at the time hereinabove set forth. Upon motion of Councilman Pumphrey , seconded by Councilman Lowenbach, the following resolution was unanimously adopted by a roll call vote : BE IT RESOLVED by the Town Council of the Town of Leesburg, in Vir- ginia; that the resubdivision of Lots 45 and 46 of the Lowenbach Subdivision, as shown on plat prepared by Knight and Mackintosh, Certified Land Surveyors, dated June 3, 1963 , be approved. It is understood that the Leesburg Planning Commission , at their regular meeting on June 6, 1963, reviewed this plat and have recommended that this resubdivision be approved by the Town Council. • Upon motion of Councilman Hammerly; seconded by Councilman Lowenbach, there being no further business to come before the Council , the meeting was adjourned at 8 :05 P.M. it 4±o-Tem May tagOOOMF • • • • • 1 • 0 PROPOSED AMENDMENT 'OF ZONING ORDINANCE TOWN OF LEESBURG, VIRGINIA ARTTICLE 1OA -- OLD AND HISTORIC LEESBURG DISTRICT 10A-1 CREATION: BOUNDARIES In order to preserve the unique cultural heritage represented by the original section of the town, there is hereby estab- lished in the Town of Leesburg a district to be known as the "Old and Historic Leesburg District" which shall include all areas encompassed by the original town as the boundaries are shown on a map designated "Grays New Map of Leesburg," drawn- from special surveys tin the year 1878 and located in the Town of Leesburg Zoning Office. The boundaries are as follows: "Beginning on the east at the intersection of Loudoun and Market Streets and running northeast parallel to Church Street to the intersection of a line in projection of North Street; thence northwest in a straight line to and along North Street to the intersection of Church Street; thence northeast in a • straight line p al"i el to King Street to the intersection of a line in projection of Union Street; thence in a straight line northwest to and along Union Street to the intersection of a line in extension of Liberty Street; thence southwest in a straight line to the intersection of Liberty and North Streets; _ thence northwest in a straight line in extension of North Street until intersecting a line in projection of Ayr Street; o thence southwest to and along Ayr Street to a point 100 feet southwest of the intersection of Ayr Street and Town Branch Creek; thence in a straight line in extension of South Street southeast to a point 200 feet west of King Street, still on en extension of South Street; thence in a straight line south- west parallel to King Street to a point 500 feet south of the railroad; thence east across King Street in a straight line parallel to South Street for 1700 feet; thence northeast in a straight line parallel to King Street to the intersection of Loudoun and Market Streets." 10A.,2 CERTIFICATE OF APPROPRIATENESS REQUIRED TO ERECT, RECONSTRUCT, ALTER; RESTORE, OR RAZE A BUILDING. 10A-2-1 In order to promote the general welfare through the preserva- tion and protection of historic places and areas of historic interest, no building within the Old and Historic Leesburg District which was constructed prior to 1878 may be demol- ished in whole or in part, nor may any architectural features of said buildings which are subject to public view from a public street be altered without prior application to the Board of Architectural Review, hereinafter created. Neither. shall any building or structure hereafter be erected, recon- structed, altered or restored within said Old and Historic y -p-l Leesburg District, unless and until an application for a certificate of appropriateness shallhavebeen approved by the aforementioned Board of Architectural Review. Review of sucp application by the Board will include analysis of external architectural features, including signs, which are. subject to publicview from'a public street, way or place. 10A-3 APPLICATION FOR CERTIFICATE OF APPROPRIATENESS. 10A-3-1 Applinations for such certificates of appropriateness shall be made to the Zoning Administrator for the Town of Leesburg, Virginia. 10A-4 BOARD OF ARCHITECTURAL REVIEW - CREATION AND MEMBERSHIP 10A-4-1 For the purposes of making effective the provisions of this article a "Board of Architectural Review" is hereby estab- libhed. The Board shall consist of seven members appointed b?:'`e_ Mayor, one of whom shall be the Director of Planning and Zoning, serving by virtue of his office. Where quali- fied and acceptable candidates are available, one member of the Board shall be a member of the American Institute of Ar- chitects, and one a member of the American Society of Civil Engineers. One Board member will be appointed from the Town Council and one from the Planning Commission. One member should be a person with knowledge of localreal estate con- ditions and one member should be appointed primarily on the basis of a knowledge and demonstrated interest in the his- torical heritage of Leesburg. 10A-4-2 The term of office of the members shall be for three years except that the term of the Director of Planning and Zoning, • Council member and Planning Commission member shall corres- pond to their official tenure of office. Any appointed mem- ber of the Board may be removed from office by the Council after public hearing for inefficiency, neglect of duty, or malfeasance or other just cause after charges made in writing. Appointmentssto fill vacancies shall be only for the unexpired portionf=. -the term. Members may be reappointed to succeed themselves. 1OA-5 CHAIRMAN, VICE-CHAIRMAN AND SECRETARY OF THE BOARD -10A-5-1 The Board of Architectural Review shall elect its Chairman and vice-chairman from its membership and the Director of Planning and Zoning shall be its Secretary. 10A-6 PROCEDURE FOR MEETINGS. 10A-6-1 The Chairman will conduct the meetings of the Board. In his absence the Vice-Chairman. shall preside. The Secretary shall keep the minutes of the 'meetings and a permanent record -' of all resolutions, motions, transactions and determinations. All members of the Board shall be entitled to vote and the de- cisions of the Board shall be determined by a majority vote:. A quorum of four members present is required before the Board may take any official potion. The Board shall meet within twenty-one days after no-tification by the Zoning Administrator of an application for a certificate of appropriateness requir- ing action by the Board. The meetings of the Board shall be open to the public and a full and impartial hearing shall be granted. When voting.,on any question the determination may be made by secret ballot, but no proxy shall be allowed at any time. The Board shall vote and annouhce its decisions on any matter properly before it not later than fourteen days after the conclusion of the public hearing on the matter, un- less the time is extended by mutual agreement between the Board and the applicant. The Board shall not reconsider any decision , made by it, except in cases where an.applicant appears within ninety days with his application amended as hereinafter pro- vided. The Board shall not hear the subject matter of any ap- plication which has been denied until a period of one year has lapsed except in cases where an applicant appears within ninety days with his application amended as hereinafter provided. In case of disapproval of the erection, reconstruction, alteration, restoration or razing of a building or structure; the Board shall briefly state its reasons therefor in writing and it may make recommendations to the applicant with respect to the appropriateness of design, arrangement, texture, material, color, location, and the like of the building or structure in- volved. In case of disapproval accompanied by recommendations, the applicant may be heard before the Board if within ninety days he comes before the Board with his application so amended that it will comply with all the recommendations of the Board. In matters covering the procedure for meetings not covered by this article (e.g. schedules for regular periodic- meetings), the Board may establish its own rules, provided they are not contrary to the spirit of this article. 10A-7 MATTERS TO BE CONSIDERED BY THE BOARD IN ACTING ON THE APPROPRIATENESS OF THE ERECTION, RECONSTRUCTION, ALTERATION, RESTORATION, OR DEMOLITION OF A BUILDING OR STRUCTURE. 10A-7-1 The Board shall not consider interior arrangement, relative size of the building or structure, detailed design, or fea- tures not subject to any public view and shall not make any requirements except for the purpose of preventing develop- ments obviously incongruous to the Old and Historic aspect of the surroundings. The Board shall consider the following i; • in passing upon the appropriateness of architectural features: a. Exterior architectural features, including all signs, which are subject to public view from a public street, way or place. - b. General design and arrangement. c. Texture, material and, color. d. The relation of the factors in a, b, and c above to similar features of buildings and structures in the immediate surroundings. • e. The extent to which the building or structure would be harmonious with or obviously incongruous to the Old and Historic aspect of the surroundings. f. In the case ofea building to be razed, a primary. consideration will be the extent to which its continued existence would tend to protect irreplaceable historic places and preserve the general historic atmosphere of -the Town: • g. : The extent to which the building or structure will pro • - mote the general welfare of the Town and all citizens by the preservation and protection of historic places' and areas. h. The extent to which said preservation and protection will promote the general welfare by maintaining and increasing real estate values, generating business, creating new positions, attracting tourists, students, writers, his- torians, artists and artisans, new residents, encourag- ing study and interest in American history, stimulating interest and study in architecture and design, educating citizens in American culture and heritage, . and making the Town a more attractive and desirable place in which to live. 10A-8 ISSUANCE OF CERTIFICATE OF APPROPRIATENESS. 10A-8-1 Decisions of the Board will be incorporated in approved certi- ficates of appropriateness or written reasons for disapproval. .Immediately upon approval by the Board of any application to erect, reconstruct, alter, restore, or raze a building, a cer- tificate of appropriateness signed by the Chairman of the Board j and bearing the date of issuance shall be made available to the ' applicant. The Zoning Administrator shall refuse to honor any request for a Zoning Certificate without such a certificate of appropriateness; but a certificate of appropriateness will in no way affect the requirement to comply with the other provisions necessary to obtain a Zoning Certificate. 1 10A-9 RIGHT OF APPEAL. 10A-9-1 Whenever the Board shall disapprove an application for a certi- ficate of appropriateness any person shall have the right to appeal and be heard before the Counciifor the Town of Leesburg, provided that said person files with the Town Manager on or be- fore fourteen days after the decision of the Board, a written notice of intention to appeal. Upon receipt of such notice the, Town Manager shall schedule a public hearing before the Town Council at a time not less than thirty days after the receipt of the notice. Such hearing shall be advertised in accordance 1' with Section 15-961.4 of the Code of Virginia.