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HomeMy Public PortalAbout1966_10_12 268 • MINUTES OF REGULAR MEETING OF LEESBURG TOWN COUNCIL, OCTOBER 12, 1966. A regular meeting 6f the Leesburg Town Council was held in the Council Chambers, 12 W. Loudoun Street, Leesburg, Virginia; on October 12, 1966. The meeting was called to order with a prayer by Mayor Kenneth B. Rollins. Others present were : Councilmen C. A. English Cole, C. Maloy Fishback, Maurice R. Lowenbach, Jr. , Walter F. Murray and Robert A. Orr ; also Town Attorney George M. Martin and Assistant Town Manager Robert C. Forbes. Absent from the meeting was Councilman John W. Pumphrey. The Minutes of the regular meeting of September 28, -1966 were approved with general consent. Assistant Town Manager Robert C. Forbes reported that the construction of sidewalk, curb and gutter on Edwards Ferry Road is well under way, with the tree having been removed yesterday. Mr. Forbes reported that a letter, along with plans, had been received 'from Johnson and Williams regarding the route to be followed for the Tuscarora Interceptor Sewer. A decision must be made by Council as to which route is preferred before Johnson and Williams can pro- ceed with the final plans. Mayor Rollins referred this matter to the Utility Committee for recommendation at the next Council meeting. Mr. Forbes also reported that the check in the amount of $29,000 from the State Corporation Commission, to be used for the Taxiway Extension construction at the Airport, has been received this date and will be deposited to the Air- port Account. This was agreed by Council. Mr. Forbes also reported that the centerline and curb lines have been established by the Highway Department on the N. King Street project. Mayor Rollins reported that the matter of the Ordinance regarding license fees for real estate brokers will be taken up at the next meeting, the brokers' attorney, Mr. Carleton Penn, requesting more time to study the proposed ordi- nance. A Public Hearing was held at this time relative to the proposed Amendment to the Zoning Ordinance regarding the definition of "Signs". General Elliott Vandevanter, member of the Planning Commission and Chairman of the Board of Architectural Review, explained to Council how this matter became a problem, citing the instance of a billboard type of sign which was painted on the Ford garage and about which he , as Chairman of the Board of Architectural Re- view, wrote to the Town Manager, requesting that some action be taken to have this sign removed. The Town Manager could find nothing in the Town Ordinance on which to base any such action since there was no definition of a "sign" in the Ordinance. Therefore, ' this matter became a problem and it was suggested that an amendment be made to the Zoning Ordinance to clarify this matter. General Vandevanter said that he believed this amendment should be adopted, but he would like very much to see the Council express their desire to see that the Ordinance is enforced" and that he believed this expression should be made before the adoption of the amendment. It was pointed out that this amend- ment would not affect those signs already in existence. A question and answer period followed regarding various aspects of this proposed amendment, with General Vandevanter and Mr. Forbes, Zoning Administrator , answering questions. There was no opposition to the amendment. Upon motion of Councilman Orr, seconded by Councilman Murray, the follow- ing Ordinance was unanimously adopted: WHEREAS, the Leesburg Planning Commission caused a Notice of a Public Hearing, on the question of amending the Leesburg Zoning Ordinance, to be published on the 18th and 25th days of August, 1966, 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 11, Section 15.1-431 of the 1950 Code of Virginia, as amended, that the said Commission would hold a Public Hearing on the question of amending the Lees- burg Zoning Ordinance, which Public Hearing would be held on the 8th day of September, 1966 and which notice designated the time and place of such hearing; and WHEREAS, the said Planning Commission did hold such Public Hear- ing and heard all persons desiring to be heard on the question of adopting the following amendments; and 269. MINUTES OF OCTOBER 12, 1966 MEETING. • WHEREAS, the said Planning Commission thereafter considered the ques- tion of adopting the following amendments and, at a regular meeting held on the 8th day of September, 1966, the said Planning Commission duly adopted and recommended to the Council for the Town of Leesburg, Virginia, the enactment of the following amendments; and WHEREAS„ the Council for the Town of Leesburg, Virginia, caused a Notice of a Public Hearing on the following amendments to be pub- lished on- the 22nd and 29th days of September, 1966 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 11, Section 15.1-431 of the 1950 Code of Virginia, as amended, that the said Council would hold a Public Hearing on the following amendments, which Public Hearing would be held on the 12th day of October, 1966, and which notice designated the time and place of said hearing; and WHEREAS, the said Council for the Town of Leesburg, Virginia, did hold a Public Hearing and heard all persons desiring to be heard on the question of enacting the following amendments to the Leesburg Zoning Ordinance; 3 NOW, THEREFORE, BE IT ORDAINED, by the Council for the Town of Lees- burg, Virginia, that the Leesburg Zoning Ordinance be and the same is hereby amended by inserting, subsequent to Section 15-1-24, the following: 15-125 SIGN: Any display of any letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof , by any means whereby the same are made visible for ' the purpose of making anything known, whether such display be made on, attached to, or as a part of a structure , surface or any other thing, including, but not limited to, the ground, any rock, tree, or other natural object, which display is visible beyond the boundaries of the- parcel of land on which the same is made. A display of less than one (1) square foot in area is excluded from this definition. • 15-1-25-1 BUSINESS - A business sign which directs attention to a product, commodity or service available on the premises. 15-1-25-2 HOME OCCUPATION = A home occupation sign directing atten- tion to a product, commodity or service available on the premises, but which product, commodity or service is clearly a secondary use of the dwelling. 15-1-25-3 GENERAL ADVERTISING - A sign which directs attention to a product, commodity or service available, other than on the premises, generally throughout the country. 15-1-25-4 LOCATION - A location sign which directs attention to the exact or approximate location of an establishment from which the advertised product may be obtained. • 15-1-25-5 DIRECTIONAL - A directional sign is one (one end of which may be pointed, or on which an arrow maybe painted indicating the direction to which attention is called) two (2) square feet or less in area, giving the name only of the firm or business responsible for the erec- tion of same. 15-1-26 SIGN STRUCTURE: Includes the supports, uprights, bracings and/or framework of any structure, be it single-faced, double-faced, v-type or otherwise, exhibiting a sign. 15-1-27 SIGN, TEMPORARY: A sign applying to a seasonal or other brief activity such as, but not limited to, summer camps, horse shows, auctions or sale of land. Temporary signs shall conform in size and type to directional signs. 270 MINUTES OF OCTOBER 12, 1966 MEETING. . The matter of a sign which has been erected at 5 N. King. Street, a restau- rant owned by Mr. Wallace Payne, was discussed, with Mr. Forbes explaining his position in this matter. He explained that he talked with Mr. Payne on the phone and wrote him a letter , advising him that he was in violation of the Zoning Ordinance, citing that section of the Ordinance which states that a structure may not be changed from one non-conforming use to another. Mr. Payne ' was written again and given until October 3 to remove the sign. On this date, when the sign had not yet been removed , Mr. Forbes contacted Mr. Martin and • he suggested that this matter be brought before the Council. Mr. Donald W. Devine represents Mr. Payne in this matter and feels that the use has not been changed and that he would have a good chance of winning the case if taken to Court. Mr. Martin stated that he would like Council to advise him in what manner to proceed on this matter, that he feels that an injuction suit would be preferable to a criminal action. Mr. Forbes explained that no per- mit has been issued for this sign, nor has any application been made to the Board of Architectural Review, which is required when the location is within the Old and Historic section of Leesburg. This matter was discussed among Council members and, upon suggestion of Councilman Murray, Mayor Rollins di- rected that a letter to Mr. Payne be drafted for his signature, directing Mr. Payne to remove the offensive sign and make application to erect one in con- formance with the Old and Historic District of Leesburg. He also asked Mr. Martin to determine whether this is a violation and, if so, decide what pro- cedure should be taken to enforce it. Upon motion of Councilman Murray, seconded by Councilman Lowenbach, the following resolution was unanimously adopted : BE IT RESOLVED by the Town Council of the Town of Leesburg, that the following appropriations be made : r (a) 3 337.50 - Earthwork, September construction inspection of Taxiway Extension. r•� (b) 1,777.60 - Tri-County Asphalt Co. Sealing Apron at Air- port. f, (c) 7,214.11 - Perry Engineering Co. - Water line to Phillips- Nickels Well. . Councilman Fishback reported that Mr. Lloyd Slack has requested that the sewer line running under the tree which was removed on Edwards Ferry Road be checked to make sure it is not broken. Mr. Forbes reported that he had issued orders to investigate this situation. Councilman Cole reported that two residents had complained that the Town Police do not follow up reports of thefts. Councilman Orr stated that he would investigate this matter and report on same. Mayor Rollins asked that Mr. Forbes draft letters for his signature to both Mr. Richard Coates and family and to Corporal James Kidwell and wife, express- ing sympathy on behalf of the Council in their recent bereavement. Town. Attorney George Martin brought to Council 's attention that there are several streets in the Town which were laid out when various subdivisions were annexed, but these streets have never been opened. He pointed out that at the present tithe, Mr. Frank Hyde represents a property owner in Waverly Heights who is including a portion of Third Street in his property, which street is one of those never opened. He also pointed out that there is a serious question as to whether dedication of these streets has ever taken place. He urged that Council take some action regarding these unopened streets. This matter was discussed, but no action was taken. Upon motion of Councilman Lowenbach, duly seconded, the meeting adjourned at 8 :35 P.M. b . A /n/ Mayor Clerk of he uncil